Lattice Lease A4b.doc 2 of the tenants of the Building. Such system may include designated parking stalls, parking stickers, access cards and gates or any other reasonable system. Landlord may charge its standard monthly and daily rates for all...
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Lattice Lease A4b.doc 1 OFFICE LEASE THIS OFFICE LEASE (“Lease”) is dated solely for reference purposes as of October 21, 2014, and entered into by and between 555 SW OAK, LLC, a Delaware limited liability company (“Landlord”) and LATTICE SEMICONDUCTOR CORPORATION, a Delaware corporation (“Tenant”). WITNESSETH: ARTICLE 1. BASIC PROVISIONS This Article contains the basic lease provisions between Landlord and Tenant. A. Building: U.S. Bancorp Tower, located at 000 XX Xxxxx Xxxxxx, Xxxxxxxx, Xxxxxx, (located on the “Property”, as further described in Article 33 and Exhibit A-1). B. Premises: Suite 700, in the Building as outlined or cross-hatched on Exhibit A-2. C. Commencement Date: March 15, 2015, subject to Article 3. D. Expiration Date: March 31, 2025, subject to Article 3. E. Rentable Area: Except as expressly provided below, the rentable area of the Premises shall be deemed 23,680 square feet as measured utilizing the BOMA Standard (as defined below) with an 9% common area load factor, and the rentable area of the Building shall be deemed 751,556 square feet, for purposes of this Lease, subject to Article 33. All measurements of the rentable area of the Premises have been made, and will be made, in accordance with Standards Methods of Measurement (ANSI/BOMA Z65.1- 2010) (the “BOMA Standard”). If the Plans (as defined in Exhibit D) show that the rentable area of the Premises is more or less than as set forth in this Section 1.E, the applicable terms of this Lease (e.g., Base Rent, Tenant’s Share, Security Deposit, Improvement Allowance, Additional Allowance, parking rights) shall be adjusted accordingly and such adjustment shall be included in the Commencement Notice described in Paragraph 3 below. F. Tenant’s Share: 3.1508%, subject to Articles 4 and 33. G. Base Rent: From the Commencement Date through the Expiration Date, as further described in Article 4. H. Additional Rent: Tenant shall pay Tenant’s Share of Taxes and Expenses, respectively, as further described in Article 4. I. Permitted Use: Executive and administrative offices, and product research, design, and testing, including laboratory space, subject to Article 7. As used herein, “laboratory space” shall mean space for design and testing of electronic parts, using electronics evaluation equipment. J. Security Deposit: None. K. Parking: Tenant shall have the right to rent, subject to the Rules, up to six (6) unassigned parking space in the underground parking area of the Building (“Plaza Garage”), and up to eighteen (18) unassigned parking spaces in the Tower Garage located between Fourth and Fifth Avenues, and Pine and Ankeny Streets (“Tower Garage”). Rent for each parking space referred to in this Paragraph is currently $220 per month in the Plaza Garage and $205 per month in the Tower Garage, and is subject to change, without notice, from time to time by Landlord. Landlord shall have the right to establish, and Tenant shall cooperate with, a parking system in order to allow for use of the parking areas by all
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Lattice Lease A4b.doc 2 of the tenants of the Building. Such system may include designated parking stalls, parking stickers, access cards and gates or any other reasonable system. Landlord may charge its standard monthly and daily rates for all parking, as more fully provided in the Rules. L. Broker: Xxxxx Xxxx LaSalle Brokerage, Inc., Landlord’s Broker, and Colliers International, Tenant’s Broker. See Article 26. M. Guarantor(s): None. N. Exhibits: Exhibit A-1 (Property), Exhibit A-2 (Premises), Exhibit B (Commencement Certificate), Exhibit C (Rules) and Exhibit D (Work Letter Agreement), Exhibit E (Article 32 Dispute Resolution Method, Exhibit F (Offer Space), Exhibit G (Form of SNDA), and Exhibit H (Janitorial Specifications) O. Landlord’s Notice Address (subject to Article 25): Unico Properties, LLC 000 XX Xxxxx Xxxxxx Xxxxx 0000 Xxxxxxxx, XX 00000 With a copy to: LaSalle Investment Management, Inc. 000 X. Xxxxxxxx Xxxxx Xxxxxxx, XX 00000 Attention: Asset Manager, US Bancorp Tower P. Tenant’s Notice Address (subject to Article 25): Until the Commencement Date: 0000 X.X. Xxxxx Xxxxx Xxxxxxxxx, XX 00000 Attention: General Counsel Telephone: (000) 000-0000 On and after the Commencement Date, at the Premises, to the attention of the General Counsel. Q. Rent Payments: Rent shall be paid to: 000 XX Xxx, LLC Xxxx 00 X.X. Xxx 0000 Xxxxxxxx, XX 00000-0000 or such other parties and addresses as to which Landlord shall provide advance notice. R. Lease Year: A Lease Year shall be each twelve (12) month period beginning on the Commencement Date; provided, however, if the Commencement Date is not the first day of the month, the first Lease Year shall commence on the Commencement Date and end on the last day of the 12th calendar month thereafter and the second and each succeeding Lease Year shall commence on anniversaries of the first day of the calendar month immediately following the calendar month in which the Commencement Date occurs. S. Rent Commencement Date: The 150th day after the Commencement Date except that if the Commencement Date occurs on the first day of a calendar month then the Rent Commencement Date shall be the first day of the 6th calendar month of the Lease Term.
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Lattice Lease A4b.doc 12 E. Removal of Work upon Termination of Lease. All Work hereunder shall remain or be removed from the Premises upon expiration or earlier termination of this Lease to the extent required under Article 23. F. Landlord’s Fees and Costs. Tenant shall pay Landlord a fee for reviewing, scheduling, monitoring, supervising, and providing access for or in connection with the Work, in an amount equal to five percent (5%) of the total cost of the Work (including costs of plans and permits therefor), and Landlord’s out-of-pocket costs, including any costs for security, utilities, trash removal, temporary barricades, janitorial, engineering, architectural or consulting services, and other matters in connection with the Work, payable within ten (10) days after billed. ARTICLE 10. INSURANCE AND WAIVER OF CLAIMS A. Required Insurance. Tenant shall maintain at its expense during the Term with respect to the Premises and Tenant’s use thereof and of the Property: (i) Property. All Risk property insurance, including extra expense insurance, on all of Tenant's fixtures and personal property in the Premises, and on any alterations, additions or improvements installed by or for the benefit of Tenant, all for the full replacement cost thereof. Tenant will use the proceeds from such insurance for the replacement of fixtures and personal property and for the restoration of any such alterations, additions or improvements. Landlord will be named as loss payee as respects its interest in any such alterations, additions, or other improvements. (ii) Business Income. Business income insurance with sufficient limits for Tenant to sustain its business operation at this location for a period of not less than 12 months. Notwithstanding the foregoing, to the extent allowed by applicable Law, Tenant may, subject to the terms of this paragraph, fulfill its insurance obligations under this Section 10.A(ii) through self-insurance, and Landlord hereby consents thereto. If Tenant elects to self-insure, Tenant shall provide Landlord with a letter of self- insurance. Tenant shall not be allowed to self-insure this coverage if at any time during the Term, Tenant’s tangible net worth is less than ($25,000,000). No self-insurance shall diminish any of the rights and privileges to which Landlord would otherwise have been entitled under the terms of this Lease had there been a third party insurer, e.g., waiver of subrogation and enforcement of the indemnity provisions set forth herein. The provisions of this paragraph will apply only to Lattice Semiconductor Corporation, and will not apply to any assignee or subtenant of such entity other than a Permitted Transferee. (iii) Worker’s Compensation; Employer’s Liability. Workers compensation insurance in statutory limits will be provided for all employees. The employers’ liability insurance will afford limits not less than $500,000 per accident, $500,000 per employee for bodily injury by disease, and $500,000 policy limit for bodily injury by disease. (iv) Liability. Commercial general liability insurance with limits not less than $1,000,000 per occurrence and $2,000,000 general aggregate which insures against claims for bodily injury, personal injury, advertising injury, and property damage based upon, involving, or arising out of the use, occupancy, or maintenance of the Premises and the Property, and including products and completed operations coverage. Such insurance shall include contractual liability and contain a standard separation of insureds provision. Such insurance will name Landlord, its trustees and beneficiaries, Landlord's mortgagees, Landlord's managing agent, Landlord's advisor, and their respective officers, directors, agents and employees, as additional insureds (the "Required Additional Insureds"). (v) Business Auto. Business auto liability with limits not less than $1,000,000 each accident, combined single limit for bodily injury and property damage, on “any auto” basis for Tenant owned, hired and non-owned autos. If Tenant has no owned autos, Tenant may provide hired and non-owned coverage. (vi) Umbrella. Umbrella excess liability insurance, on an occurrence basis, that applies excess of required commercial general liability, business auto liability and employers liability policies, which insures against bodily injury, property damage, personal injury and advertising injury claims with limits not less than $20,000,000 each occurrence and $20,000,000 aggregate. Such policy must include the Required Additional Insureds as additional insureds.
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Lattice Lease A4b.doc 33 (C) “Expenses” shall mean all expenses, costs and amounts (other than Taxes) of every kind and nature relating to the ownership, management, repair, maintenance, replacement, insurance and operation of the Property, including, without limitation, any amounts paid for: (i) utilities for the Property, including electricity, power, gas, steam, oil or other fuel, water, sewer, lighting, heating, air conditioning and ventilating, (ii) permits, licenses, inspections, warrants and certificates necessary to operate, manage and lease the Property, (iii) costs of complying with Laws, including any freon retrofitting and compliance with the “Disabilities Acts” (as described in Article 31), (iv) insurance applicable to the Property, not limited to that required under this Lease, and which may include earthquake, boiler, rent loss, workers’ compensation and employers’ liability, builders’ risk, automobile, terrorist and other coverages, including a reasonable allocation of costs under any blanket policies, (v) supplies, materials, tools, equipment, uniforms, and vehicles used in the operation, repair, maintenance, security, and other services for the Property, including rental, installment purchase and financing agreements therefor and interest thereunder, (vi) accounting, legal, inspection, consulting, concierge, alarm monitoring, security, janitorial, trash removal, snow and ice removal, and other services, (vii) management company fees, (viii) wages, salaries and other compensation and benefits (including health, life and disability insurance, savings, retirement and pension programs, and the fair value of any parking privileges, including those provided through collective bargaining agreements) for any manager and other personnel or parties engaged in the operation, repair, maintenance, security or other services for the Property, and employer’s FICA contributions, unemployment taxes or insurance, any other taxes which may be levied on such wages, salaries, compensation and benefits, and data or payroll processing expenses relating thereto (if the manager or other personnel handle other properties, the foregoing expenses shall be allocated appropriately between the Property and such other properties), (ix) payments pursuant to any easement, cross or reciprocal easement, operating agreement, development and/or parking rights agreement, declaration, covenant, or other agreement or instrument pertaining to the payment or sharing of costs for common or parking areas or other matters (except to the extent included in Taxes hereunder), (x) parking surcharges or fees that may result from any environmental or other Law or guideline, and any sales, use, value-added or other taxes on supplies or services for the Property, (xi) the costs of operating and maintaining any on-site office at the Building or an adjoining property (such costs to be appropriately allocated between the Property and any such adjoining property served by such office), including the fair rental value thereof, telephone charges, postage, stationery and photocopying expenses, and telephone directory listings, (xii) the amount of insurance premiums saved by electing higher than customary deductibles, if Landlord does not also include in Expenses the losses incurred as a result of having such higher deductibles, and (xiii) operation, maintenance, repair, installation, replacement, inspection, testing, painting, decorating and cleaning of the Property, and any items located off-site but installed for the benefit of the Property, including: (a) Property identification and pylon signs, directional signs, traffic signals and markers, flagpoles and canopies, (b) sidewalks, curbs, stairways, parking structures, lots, loading and service areas and driveways, (c) storm and sanitary drainage systems, including disposal plants, lift stations and detention ponds and basins, (d) irrigation systems, (e) elevators, escalators, “Lines” under Article 29, and other Systems and Equipment, (f) interior and exterior flowers and landscaping, and (g) all other portions, facilities, features and amenities of the Property, including common area fixtures, equipment and other items therein or thereon, floors, floor coverings, corridors, ceilings, foundations, walls, wall-coverings, restrooms, lobbies, trash compactors, doors, locks and hardware, windows, gutters, downspouts, roof flashings and roofs. The foregoing provision is for definitional purposes only and shall not be construed to impose any obligation upon Landlord to incur such expenses. Landlord may retain independent contractors (or affiliated contractors at market rates) to provide any services or perform any work, in which case the costs thereof shall be deemed Expenses. Notwithstanding the foregoing, Expenses shall not include the following: (1) costs relating to non-office rentable areas of the Building to the extent that Landlord deducts such rentable areas in determining Tenant’s Share of Expenses under Article 4; and costs relating solely to any parking garage for the Property (such as utilities, attendants, cashiers, scavenger and janitorial services),
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Lattice Lease A4b.doc 34 except to the extent that Landlord elects to credit parking revenues, if any, derived from such garage against Expenses; (2) depreciation, interest and amortization on any Mortgages and other debt costs or ground lease payments (except interest on the cost of capital expenditures to the extent permitted below, and ground lease payments for Taxes and Expenses); legal fees in connection with leasing, tenant disputes or enforcement of leases; real estate brokers’ leasing commissions; improvements or alterations to tenant spaces; the cost of providing any service directly to, and paid directly by, any tenant; costs of any items to the extent Landlord receives reimbursement from insurance proceeds or from a third party (excluding payments by tenants for Taxes and Expenses); (3) capital expenditures, except those: (i) made primarily to reduce Expenses, or to comply with Laws or insurance requirements imposed after the Property was constructed, or (ii) for replacements or upgrades of nonstructural items located in the common areas of the Property required to keep such areas in first class condition. To the extent that any such permitted capital expenditure exceeds $5,000, such excess shall be amortized for purposes of this Lease over the shorter of: (x) the period during which the reasonably estimated savings in Expenses equals the expenditure, (y) the shortest period over which Landlord may depreciate such item under the Federal Tax Code then in effect, or (z) the useful life of the item, but in no event more than ten (10) years; provided, Landlord may elect any longer period in Landlord’s discretion. In each such case, Landlord may include interest on the unamortized amount at the prevailing loan rate available to Landlord when the cost was incurred. Expenses shall include any remaining amortization of such permitted capital expenditures made prior to the date of this Lease; (4) the cost of correcting defects in such construction or in the elements of the Building (including, without limitation, the utility systems) or in the Building equipment (as opposed to the cost of normal repair, materials and equipment installed in the Building in light of their specifications); (5) reserves of any kind, including, but not limited to, replacement reserves, and reserves for bad debts or lost rent or any similar charge not involving the payment of money to third parties; (6) all expenses for which Landlord has received any reimbursement to the extent of such reimbursement including, without limitation, reimbursements from Tenant or other tenant (such as reimbursement for repairs) or pursuant to contractor's or other warranties or condemnation, other than matters paid as additional rent or rent adjustment or other tax or expense pass-through or escalation expressly provided for in a tenant lease; (7) expenses incurred in connection with services (including special service from Landlord's employees) or other benefits of a type which are not available or provided to Tenant but which are available to or provided to another tenant or occupant of the Building; (8) the cost of Landlord’s negligence as determined by a court of law having proper jurisdiction, by a final, nonappealable court order; (9) payments in respect of profit to parties related to Landlord for services to the extent that the cost of such services exceeds the cost that would have been paid had such services been provided by parties unaffiliated with the Landlord on a competitive basis; (10) advertising and promotional expenditures; (11) costs incurred by the Landlord to comply with or correct any violations of any governmental laws, rules and regulations existing as of the Commencement Date, including, without limitation, (i) costs to remove freon or other CFCs from the Building HVAC, (ii) costs in connection with the removal, abatement, containment or remediation of asbestos, asbestos containing material, or volatile organic compounds from the Building; (iii) costs to comply with the Americans With Disabilities Act (as in effect and as interpreted as of the date of this Lease), and (iv) costs of complying with existing environmental laws; (12) charitable or political contributions;
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Lattice Lease A4b.doc 35 (13) local, state or federal income taxes based on Landlord’s net income; and franchise, estate or inheritance taxes; and (14) any on-site management or other fees to the extent such fees are in excess of the then current market rate for customary management fees for projects similar to the Building. (D) “Holidays” shall mean all federal holidays, and holidays observed by the State of Oregon, including New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Christmas Day, and to the extent of utilities or services provided by union members engaged at the Property, such other holidays observed by such unions. (E) “Landlord” shall mean only the landlord from time to time, except for purposes of any provisions defending, indemnifying and holding Landlord harmless hereunder, “Landlord” shall include past, present and future landlords and their respective partners, beneficiaries, trustees, officers, directors, employees, shareholders, principals, agents, affiliates, successors and assigns. (F) “Law” or “Laws” shall mean all federal, state, county and local governmental and municipal laws, statutes, ordinances, rules, regulations, codes, decrees, orders and other such requirements, applicable equitable remedies and decisions by courts in cases where such decisions are considered binding precedents in the State of Oregon, and decisions of federal courts applying the Laws of such State, at the time in question. This Lease shall be interpreted and governed by the laws of the State of Oregon. (G) “Lender” shall mean the holder of any Mortgage at the time in question, and where such Mortgage is a ground lease, such term shall refer to the ground lessor (and the term “ground lease” although not separately capitalized is intended through out this Lease to include any superior or master lease). (H) “Mortgage” shall mean all mortgages, deeds of trust, ground leases and other such encumbrances now or hereafter placed upon the Property or Building, or any part thereof, and all renewals, modifications, consolidations, replacements or extensions thereof, and all indebtedness now or hereafter secured thereby and all interest thereon. (I) “Person” shall mean an individual, trust, partnership, limited liability company, joint venture, association, corporation and any other entity. (J) “Premises” shall mean the area within the Building identified in Article 1 and Exhibit A. Possession of areas necessary for utilities, services, safety and operation of the Property, including the Systems and Equipment, fire stairways, perimeter walls, space between the finished ceiling of the Premises and the slab of the floor or roof of the Property thereabove, and the use thereof together with the right to install, maintain, operate, repair and replace the Systems and Equipment, including any of the same in, through, under or above the Premises in locations that will not materially interfere with Tenant’s use of the Premises, are hereby excepted and reserved by Landlord, and not demised to Tenant. (K) “Property” shall mean the Building, and any common or public areas or facilities, easements, corridors, lobbies, sidewalks, loading areas, driveways, landscaped areas, air rights, development rights, parking rights, skywalks, parking garages and lots, and any and all other rights, structures or facilities operated or maintained in connection with or for the benefit of the Building, and all parcels or tracts of land on which all or any portion of the Building or any of the other foregoing items are located, and any fixtures, machinery, apparatus, Systems and Equipment, furniture and other personal property located thereon or therein and used in connection therewith. If the Building shall be part of a complex, development or group of buildings or structures collectively owned or managed by Landlord or its affiliates or collectively managed by Landlord’s managing agent, the Property shall, at Landlord’s option, also be deemed to include such other of those buildings or structures as Landlord shall from time to time designate, and shall initially include such buildings and structures and related facilities and parcels on which the same are located. (L) “Rent” shall have the meaning specified therefor in Article 4.
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Lattice Lease A4b.doc 36 (M) “Systems and Equipment” shall mean any plant, machinery, transformers, duct work, cable, wires, and other equipment, facilities, and systems designed to supply light, heat, ventilation, air conditioning and humidity or any other services or utilities, or comprising or serving as any component or portion of the electrical, gas, steam, plumbing, sprinkler, communications, alarm, security, or fire/life/safety systems or equipment, or any elevators, escalators or other mechanical, electrical, electronic, computer or other systems or equipment for the Property, except to the extent that any of the same serves particular tenants exclusively (and “systems and equipment” without capitalization shall refer to such of the foregoing items serving particular tenants exclusively). (N) “Taxes” shall mean all amounts (unless required by Landlord to be paid under Article 14) for federal, state, county, or local governmental, special district, improvement district, municipal or other political subdivision taxes, fees, levies, assessments, charges or other impositions of every kind and nature in connection with the ownership, leasing and operation of the Property, whether foreseen or unforeseen, general, special, ordinary or extraordinary (including real estate and ad valorem taxes, general and special assessments, interest on special assessments paid in installments, transit taxes, water and sewer rents, license and business license fees, use or occupancy taxes, taxes based upon the receipt of rent including gross receipts or sales taxes applicable to the receipt of rent or service or value added taxes, personal property taxes, taxes on fees for property management services, and taxes or charges for fire protection, streets, sidewalks, road maintenance, refuse or other services). If the method of taxation of real estate prevailing at the time of execution hereof shall be, or has been, altered so as to cause the whole or any part of the Taxes now, hereafter or heretofore levied, assessed or imposed on real estate to be levied, assessed or imposed on Landlord, wholly or partially, as a capital stock levy or otherwise, or on or measured by the rents, income or gross receipts received therefrom, then such new or altered taxes attributable to the Property shall be included within the term “Taxes,” except that the same shall not include any portion of such tax attributable to other income of Landlord not relating to the Property. Tenant shall pay increased Taxes whether Taxes are increased as a result of increases in the assessment or valuation of the Property (whether based on a sale, change in ownership or refinancing of the Property or otherwise), increases in tax rates, reduction or elimination of any rollbacks or other deductions available under current law, scheduled reductions of any tax abatement, as a result of the elimination, invalidity or withdrawal of any tax abatement, or for any other cause whatsoever. If Taxes are reduced by, or credited with, any abatement or exemption issued by a taxing authority to help finance or reimburse Landlord for costs incurred to comply with Laws or otherwise, Taxes hereunder shall be computed without regard to such abatement or exemption (Tenant hereby acknowledging that Landlord, having incurred such costs, is solely entitled to such abatement or exemption), except to the extent that Landlord includes such costs in Expenses under this Lease. Notwithstanding the foregoing, there shall be excluded from Taxes all excess profits taxes, franchise taxes, gift taxes, capital stock taxes, inheritance and succession taxes, estate taxes, federal and state income taxes, and other taxes to the extent applicable to Landlord’s general or net income (as opposed to rents, receipts or income attributable to operations at the Property). (O) “Tenant” shall be applicable to one or more Persons as the case may be, the singular shall include the plural, and if there be more than one Tenant, the obligations thereof shall be joint and several. When used in the lower case, “tenant” shall mean any other tenant, subtenant or occupant of the Property. (P) “Tenant’s Share” of Taxes and Expenses shall be the percentage set forth in Article 1, but if the rentable area of the Premises or Property shall change, Tenant’s Share shall thereupon become the rentable area of the Premises divided by the rentable area of the Property, excluding any parking facilities, subject at all times to adjustment under Article 4. Tenant acknowledges that the “rentable area of the Premises” under this Lease includes the usable area, without deduction for columns or projections, multiplied by a load or conversion factor, to reflect a share of certain areas, which may include lobbies, corridors, mechanical, utility, janitorial, boiler and service rooms and closets, restrooms, and other public, common and service areas. Except as provided expressly to the contrary herein, the “rentable area of the Property” shall include all rentable area of all space leased or available for lease at the Property, which
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Lattice Lease A4b.doc 41 2014. Tenant hereby acknowledges and agrees that, in the event of any such extension, each day in the period beginning on November 4, 2014 and ending on the new Contingency Date shall extend the Required Completion Date set forth in Section 3.C by the same number of days (e.g., if the Contingency Date is extended to November 14, 2014, then the Required Completion Date shall be the 40th day after the Commencement Date). In addition, Tenant hereby agrees to notify Landlord in writing promptly of any delay in the anticipated closing date or termination of the existing sale agreement. Tenant may, in its sole discretion by written notice to Landlord given by the Contingency Date, (i) terminate this Lease in the event that the Contingency is not fulfilled by such date (and provide reasonable written evidence to Landlord of such event), or (ii) waive the Contingency. If Tenant fails to notify Landlord by the Contingency Date, then, Landlord, in its sole discretion and as its sole and exclusive remedy other than payment of the Demolition Costs (as defined below), may terminate this Lease by providing notice to Tenant at any time during the period commencing on the Contingency Date and ending on the date Landlord receives written notice from Tenant that it either terminates this Lease or waives the Contingency. In such event, this Lease shall be null and void and neither party shall have any further obligations hereunder except those obligations which have accrued hereunder prior thereto or which survive termination of this Lease. Tenant acknowledges that time is of the essence in performance of the Improvements and in order to minimize delays in Substantial Completion of the Improvements, Landlord intends to proceed with demolition work in the Premises in connection therewith. Ordinarily Landlord would not proceed with such demolition work until after the Contingency was waived. Therefore, in the event this Lease is terminated pursuant to this Article 38, Tenant shall pay to Landlord up to $50,000 of the costs incurred by Landlord in performing such demolition work to the Premises (the “Demolition Costs”) within 10 business days after receipt of an invoice therefor. IN WITNESS WHEREOF, the parties have executed this Lease as of the date first set forth above. LANDLORD: 555 SW Oak, LLC, a Delaware limited liability company By: Name: Its: TENANT: Lattice Semiconductor Corporation, a Delaware corporation By: Name: Its:
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EXHIBIT A-1 PROPERTY LEGAL DESCRIPTION Unit 1, of ONE ELEVEN TOWER CONDOMINIUM, in Plat Book 1246, Page 47 and as set forth in Condominium Declaration recorded April 28, 2000, as Fee No. 2000- 060194, Portland, Multnomah County, Oregon, together with those limited common elements appurtenant to said Unit as set forth in said Declaration, and together with an undivided 41% interest in the general common elements of said Condominium as set forth in said Declaration and any subsequent amendments thereto as appurtenant to said Unit. Xxxx 0, of ONE ELEVEN TOWER CONDOMINIUM, in Plat Book 1246, Page 47 and as set forth in Condominium Declaration recorded April 28, 2000, as Fee No. 2000- 060194, Portland, Multnomah County, Oregon, together with those limited common elements appurtenant to said Unit as set forth in said Declaration, and together with an undivided 59% interest in the general common elements of said Condominium as set forth in said Declaration and any subsequent amendments thereto as appurtenant to said Unit.
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EXHIBIT A-2 (Floor Plate Showing Premises Shaded)
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Tenant’s Work) and that are required for commencement and completion of the Improvements (excluding Tenant’s Work). 1.19. Punchlist is defined in Section 5.2. 1.20. Substantial Completion or Substantially Completed is defined in Section 5.1. The Substantial Completion Date is the date the Improvements (other than Tenant’s Work) are Substantially Completed. 1.21. Scheduled Completion Date means the scheduled date for Substantial Completion of the Improvements (other than Tenant’s Work) as specified by Landlord. 1.22. Tenant Delay means any actual delay in the Substantial Completion of the Improvements as a consequence of: a. Tenant's failure to fulfill its obligation as set forth in this Agreement; b. Change Orders requested by Tenant; c. Unavailability of materials, components, or finishes for the Leasehold Improvements that differ from Landlord's standard work or that have an unusually long lead-time for delivery; or d. A willful or negligent act or omission of Tenant or Tenant's Representative, Tenant's Contractors or Designers, and/or Tenant's agents, or employees that interferes with the progress of the work. e. Any other act or omission by Tenant or Tenant’s Representative, Tenant's Contractors or Designers, and/or Tenant's agents, or employees, which directly or indirectly delays completion of the work or Landlord's delivery to Tenant of possession of the Premises. In addition to the foregoing, Tenant hereby agrees that each of the following periods, if any, shall be considered a Tenant Delay: (i) each day in the period commencing on November 4, 2014 and ending on the date on which the Contingency is waived or satisfied (as described in Article 38 of the Lease), (ii) each day in the period, if any, commencing on November 4, 2014 and ending on the date on which the Plans which will be submitted for Permits are approved by Landlord and Tenant, (iii) each day in the period, if any, commencing on October 21, 2014 and ending on the date on which the Lease is executed by Tenant and delivered to Landlord, (iv) each day in the period, if any, commencing on October 24, 2014 and ending on the date on which the Architect delivers the life safety, reflected ceiling plan and demolition drawings to Landlord for review, and (v) each day in the period, if any, commencing on October 31, 2014 and ending on the date on which the Architect obtains the permit from the applicable authority for the demolition work to the Premises and delivers same to Landlord. Promptly after Landlord has become aware of a Tenant Delay, Landlord shall provide written notice to Tenant specifying the action or inaction that Landlord contends constitutes such Tenant Delay. 1.23. Tenant's Representative means Xxx Xxxxx or such other person as Tenant may designate in writing to Landlord as its authorized representative for the purposes of administering this Agreement. 1.24. Tenant's Space Plan means a specific description of Tenant's desired final Leasehold Improvements, attached as Attachment 1.
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ATTACHMENT 1 TO WORK LETTER AGREEMENT Tenant’s Space Plan
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ATTACHMENT 2 TO WORK LETTER AGREEMENT Landlord’s Work NONE
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ATTACHMENT 3 TO WORK LETTER AGREEMENT Tenant’s Work NONE
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The parties consent to the jurisdiction of any appropriate court to enforce the arbitration provisions of this addendum and to enter judgment upon the decision of the arbitrator. Notice of the appointment of the arbitrator shall be given in all instances to any mortgagee who prior thereto shall have given Tenant a written notice specifying its name and address. Such mortgagee shall have the right to be represented, but not to participate, in the arbitration proceeding. If Tenant becomes obligated to pay Base Rent, or adjustments thereto, if any, with respect to any space or any period prior to when the Fair Market Rent for such space or period has been determined in accordance with the foregoing, Tenant will commence paying Base Rent and adjustments thereto, if any, utilizing the Fair Market Rent specified by Landlord in its notice of the Fair Market Rent for such space or period. Following determination of the Fair Market Rent in accordance with the foregoing, Landlord and Tenant shall, by a cash payment within thirty (30) days after the date of such determination, adjust between themselves the difference, if any, between the Base Rent and adjustments thereto, if any, paid by Tenant pursuant to the foregoing sentence and the Base Rent and adjustments thereto, if any, actually owed by Tenant pursuant to the terms of this Lease for the period prior to such determination.
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EXHIBIT F OFFER SPACE
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23 ALL SIGNATURES MUST BE ACKNOWLEDGED. STATE OF ______________________ ) ) SS. COUNTY OF ____________________ ) On ____________________, 20____, personally appeared the above named ________________________ ___________________, a ________________ of XXXXX FARGO BANK, NATIONAL ASSOCIATION, acting in its authorized capacity as Master Servicer for and on behalf of ______________________, AS TRUSTEE FOR THE REGISTERED HOLDERS OF ________________________ COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES ________, and acknowledged the foregoing to be the free act and deed of said association, before me. Notary Public My commission expires: _____________________ ____________________, ss. On ___________________, 20____, personally appeared the above named ___________________, the _______________________, of ____________________ and acknowledged the foregoing to be the free act and deed of said _______________________, before me. Notary Public My commission expires: _____________________ ____________________, ss. On ____________________, 20____, personally appeared the above named ________________________, the ___________________________, of ________________________________ and acknowledged the foregoing to be the free act and deed of said _________________, before me. Notary Public My commission expires: _____________________ EXHIBIT A (Description of Property) EXHIBIT A to SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT dated as of ____________________, executed by ___________, as “Tenant”, and _________________________ “Lender.” All that certain land located in the County of ____________________, State of _____________________, described as follows: Loan No. _______________________
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24 EXHIBIT H JANITORIAL SPECIFICATIONS Office Areas A. Service to be performed five nights per week. 1. Empty all waste receptacles as needed and remove wastepaper, recyclable paper, recyclable cardboard and rubbish from collection points within the premises; wash receptacles as necessary. 2. Vacuum all rugs and carpeted traffic areas in offices, lobbies, and corridors. DO NOT PULL VACUUM CORDS AROUND CORNERS. Spot clean all carpeting as needed. 3. Clean desktops. Do not disturb or rearrange papers and other material left on desk. 4. Remove all fingerprints and smudges from all vertical surfaces, including walls, doors, and doorframes, around lighting switches, private entrance glass and partitions.. 5. Sweep private stairways and vacuum if carpeted. 6. Sweep all uncarpeted floors employing dust control techniques. Damp mop this type floor, with the exception of wood floors, and granite or marble floors that will be damp wiped. 7. Police all stairways throughout the entire building and keep in clean condition. Spot clean as necessary all doors, walls and stairs. Damp mop as required. 8. Damp mop spillage in office and public areas on sight. 9. Spot clean entry door glass. 10. Arrange chairs in lobbies, waiting rooms, and conference rooms. 11. Maintain janitorial closets in clean and orderly fashion. 12. Specific care shall be taken in all public areas to insure a positive public impression. 13. Lights are to be turned off in each section of the floor as the work is completed (provided there are no occupants in the space). Entrance doors are to be kept locked at all times while the cleaning person is in the space, and checked to be sure they are locked when the cleaning person leaves the area. Absolutely no entrance doors are to be left ajar. All private offices that are locked are to be re-locked after cleaning. 14. Report leaks, clogs, all fixture repair, scratches, necessary painting, and burned out lights to the Property Manager. B. Services Performed as necessary: 1. Damp mop floors where spillage occurred. C. Services Performed Monthly 1. Clean resilient tile floors. 2. Vacuum all upholstered furniture. D. Services Performed Quarterly 1. Clean and finish resilient tile floors. 2. Clean all baseboards. Restrooms A. Services Performed Nightly 1. Mop and rinse floors. Pay particular attention to cleaning grout in base of wall at the floor line. Do not leave standing water on floor. 2. Clean all mirrors, bright work, and enameled surfaces. 3. Wash and disinfect all basins, showers, urinals, toilet seats and bowls using appropriate cleaners to remove stains and clean underside of rim of urinals and bowls. 4. Scrub all fixtures using a cleaner to remove stains.
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25 5. Wash both sides of all toilet seats with soap/disinfectant. 6. Spot clean with disinfectant all partitions, tile walls, and outside surfaces of all dispensers including soap, and receptacles. 7. Empty and sanitize all receptacles and sanitary disposals. 8. Fill toilet tissue, soap, towels, and sanitary napkin dispensers. 9. Clean flush meters, piping, toilet seat hinges, and all other metal. 10. Report leaks, clogs, all fixture repair, broken and missing tile, scratches, necessary painting, and burned out lights to the Property Manager. 11. Damp wipe wastebaskets. B. Services performed Weekly 1. Thoroughly clean and wash sanitary disposal containers. C. Services Performed Monthly 1. Machine scrub floors. 2. Dust ceiling light fixtures within normal reach. Lobbies A. Services Performed Nightly 1. Granite, marble, and ceramic tile floors are to be swept and damp wiped with the exception of the main lobby. Resilient floors to be swept and damp mopped. 2. Vacuum all carpeted traffic areas and spot clean stains. Clip carpet snags. DO NOT PULL VACUUM CORDS AROUND CORNERS. 3. Dust all paneling, elevator fronts, metal surfaces, and walls. 4. Clean and wipe down metal. 5. Spot clean lobby glass doors. 6. Clean building directory glass. 7. Remove all graffiti and writing on site. Please contact Property Manager on any graffiti that cannot be wiped clean with a standard cleaning agent. 8. Clean lobby signs using anti-static cleaner. 9. Remove gum from floors and carpet on sight. B. Services to be Performed Weekly 1. Vacuum carpet edges and non-traffic areas. 2. Wipe down stairway handrails. C. Services Performed Monthly 1. Clean granite ledges and granite walls to the top of the ledges in the Tower Atrium. 2. Sweep and clean all stairwells. Elevators A. Services Performed Nightly 1. Damp wipe floors in cabs; sweep and damp mop all resilient tile floors including those in the Tower freight, B-1--B-2 shuttle, PL-2 shuttle, Parking Structure elevators and the PL-B2 lobby leading to the Plaza freight. 2. Remove hand marks; graffiti, etc. by standard cleaning methods from wood, laminate and metal operating panels of elevator cabs. Report all damage or burned out lights to Property Manager. 3. Report any elevator problems to the Security Department after hours and to the Property Manager during working hours. 4. Plaza: clean metal panels on escalators and spot glass. 5. Clean door thresholds in elevator cabs and at each floor landing. B. Services Performed Monthly 1. Dust light fixtures.
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26 2. Finish and buff all resilient tile floors. DAY STAFF Plaza/Tower Buildings 1. The following items will be scheduled at least twice daily. All restrooms are to be inspected for cleanliness and supplies at least once before noon and once after noon. All soiled conditions are to be corrected while the person is making the inspection. A female will inspect the women's restrooms and a male will inspect the men's restrooms. Supplies are to be replenished as needed. Clean Plaza and Tower break rooms, and the men and women’s locker rooms on the B-2 level of the Plaza. 2. Supply toilet tissue, soap, and towels in men and women's restroom. 3. There will be constant surveillance of public areas to ensure cleanliness. 4. Perform special cleaning needs of individual tenants and departments as authorized by the Property Manager. 5. All outdoor ash urns will be kept clean and free from excess debris. 6. Public area glass doors will be kept free of smudges and fingerprints. 7. Put down "walk off" mats at the building entrance lobbies during inclement weather and at various locations in the building if remodeling is taking place. Mats will be furnished and maintained at owner's expense. 8. Day staff and other additional staff as necessary are responsible for snow and ice removal around main building entrances and clearing a pathway around all buildings. Owner to supply ice melt. Removal is to be done first thing in the morning prior to building opening. Snow shovels provided by owner. Additional snow removal done at extra cost. 9. In addition to the cleaning duties, there will be many various items assigned to the day staff. The day supervisor is to work closely with the building and maintenance staff under the direction of the Property Manager, in order to assist in requests for services by building tenants and departments and the conduct of other building services. 10. Sweep basement loading dock area daily and hose down weekly. 11. Respond to clogged or overflowing toilets, and other spills as needed. 12. Report leaks, clogs, all fixture repair, scratches, necessary painting, and burned out lights to the Property Manager.
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Lattice Lease A4b.doc OFFICE LEASE 555 SW OAK, LLC “LANDLORD” WITH LATTICE SEMICONDUCTOR CORPORATION “TENANT” SUITE: 700 DATED: OCTOBER 21, 2014