Common use of Basement Space Clause in Contracts

Basement Space. Lessee hereby leases 21,027 square feet in the basement of the Building, (the "Basement Space"). Lessee shall pay on account of the Basement Space "Basement Rent" in the amount of $18.00 per square foot per Lease Year, such amount to be paid in advance in equal monthly installments in the same manner and at the same times as "Basic Rent" (as defined in Section 3.1 below). Except as otherwise expressly stated in this Lease, the Basement Space shall be deemed to be part of the Premises for all purposes of this Lease, and all rights and obligations of the parties hereunder with respect to the Premises shall apply equally to the Basement Space. Notwithstanding the foregoing, (i) the area of the Basement Space shall not be included (a) in the rentable area of the Premises for determining "Lessee's Share" pursuant to Section 5.1 below, or (b) in determining the number of parking spaces to which Lessee is entitled under Section 9.0 below; (ii) the Basement Space shall not be included in the Premises for purposes of Section 13.0 below. The Basement Space shall be used solely for an animal storage facility and for general storage by Lessee, and for no other use. Lessor makes no representation or warranty of any type concerning the permissibility of such use under applicable Legal Requirements or the suitability of the Basement Space for such use. In addition to, but not in limitation of, the provisions of the Lease relating to Lessee's use of the Premises, Lessee hereby agrees to comply with all Legal Requirements applicable to Lessee's use of the Basement Space and not to permit the emission of any objectionable noise or odors from the Basement Space. No animals, animal waste, food or supplies relating to the animals maintained from time to time in the Basement Space shall be transported within the Building except as provided in this Paragraph. Use of the freight elevator for the transportation of animals, animal waste, food or supplies between the Basement Space and Lessee's Premises on the upper floors of the Building, shall be conducted in a manner which does not unreasonably interfere with the use of the elevator by any other tenants of the Building. All deliveries of animals to Lessee at the Building shall occur after Building operating hours. At all times that animals are transported on the Land or within the Building, they shall be transported in an appropriate cage or other container. At no time shall any animals, animal waste, food or supplies relating to the animals be brought into, transported through, or delivered to the lobby of the Building. Notwithstanding anything to the contrary elsewhere in this Lease, Lessor is not providing any services to the Basement Space. Lessee shall make its own arrangements for the cleaning of such space as well as the provision of electricity, water, gas, HVAC and any other utility or service. Electricity, water and gas consumption in the Basement Space shall be separately metered. Lessee shall pay all charges therefor directly to the company which provides such service.

Basement Space. Lessee hereby leases 21,027 (i) Tenant shall have one (1) option to lease an additional area of approximately 2,500 rentable square feet in the basement of the Building, (the "Basement Space")provided that if Tenant shall so desire to lease such additional space Tenant shall so notify Owner on or prior to August 30, 2006. Lessee If Tenant shall pay on account of the Basement Space "Basement Rent" in the amount of $18.00 per square foot per so timely notify Owner, then this Lease Year, such amount to be paid in advance in equal monthly installments in the same manner and at the same times as "Basic Rent" (as defined in Section 3.1 below). Except as otherwise expressly stated in this Lease, the Basement Space shall be deemed to be part amended as of the Premises date that is five (5) Business Days after Owner’s receipt of such notice to increase the Basement Space, for all purposes of this Lease (including without limitation the Fixed Annual Rent payable therefor pursuant to Section 37J(ii)), to include space in the basement, designated by Owner in a written notice to Tenant (which space may or may not be contiguous to the Basement Space denoted in the preamble to this Lease, and all rights which space shall contain approximately 2,500 rentable square feet). Promptly thereafter, Owner and obligations Tenant shall execute and deliver to each other a written agreement to confirm the same (but failure to execute and deliver such written agreement shall not vitiate the demise of such space). (ii) Notwithstanding any provision of this Lease to the contrary, Tenant’s occupancy of the parties hereunder Basement Space is subject to the following terms and conditions: (i) Tenant shall make no alterations, installations, additions or improvements of any kind in or to the Basement Space without Owner’s consent in each instance and except as otherwise is in accordance with the provisions of Article 42, (ii) Tenant shall use the Basement Space exclusively for storage and for no other purpose, (iii) Tenant shall in no event assign its rights with respect to the Premises Basement Space or sublease the same or allow the same to be used by others without the prior written consent of Owner (except that such consent shall apply equally not be required for assignments or subleases undertaken as part of (and to the assignee or sublessee under) any assignment or sublease not requiring Owner’s consent pursuant to Article 48 or as to which Owner has provided consent pursuant to Article 48) and (iv) except for electricity for storage lighting purposes, Owner shall not be responsible for the rendition or delivery of any services or utilities to the Basement Space. Notwithstanding the foregoingSpace whatsoever, (i) the area of the Basement Space shall not be included (a) in the rentable area of the Premises for determining "Lessee's Share" pursuant to Section 5.1 below, or (b) in determining the number of parking spaces to which Lessee is entitled under Section 9.0 below; (ii) the Basement Space shall not be included in the Premises for purposes of Section 13.0 below. The Basement Space shall be used solely for an animal storage facility and for general storage by Lessee, and for no other use. Lessor makes no representation or warranty of any type concerning the permissibility of such use under applicable Legal Requirements or the suitability of the Basement Space for such use. In addition to, but not in including without limitation of, the provisions of the Lease relating to Lessee's use of the Premises, Lessee hereby agrees to comply with all Legal Requirements applicable to Lessee's use of the Basement Space and not to permit the emission of any objectionable noise or odors from the Basement Space. No animals, animal waste, food or supplies relating to the animals maintained from time to time in the Basement Space shall be transported within the Building except as provided in this Paragraph. Use of the freight elevator for the transportation of animals, animal waste, food or supplies between the Basement Space and Lessee's Premises on the upper floors of the Building, shall be conducted in a manner which does not unreasonably interfere with the use of the elevator by any other tenants of the Building. All deliveries of animals to Lessee at the Building shall occur after Building operating hours. At all times that animals are transported on the Land or within the Building, they shall be transported in an appropriate cage or other container. At no time shall any animals, animal waste, food or supplies relating to the animals be brought into, transported through, or delivered to the lobby of the Building. Notwithstanding anything to the contrary elsewhere in this Lease, Lessor is not providing any services to the Basement Space. Lessee shall make its own arrangements for the cleaning of such space as well as the provision of electricity, water, gasheating, HVAC and any other utility air cooling or servicecleaning. Electricity, water and gas consumption in Tenant shall have no obligation to make repairs to the Basement Space shall be separately metered. Lessee shall pay all charges therefor directly unless (subject to the company which provides Sections 9 and 44) Tenant or Tenant’s employees, contractors, agents, invitees or other representatives caused such servicedamage.