Building Signage. 1. Tenant shall be entitled to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect. 2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 2 contracts
Sources: Office Lease Agreement (GoPro, Inc.), Office Lease Agreement (GoPro, Inc.)
Building Signage. 1. (a) If Tenant leases and occupies no less than two (2) full floors of Building A, Tenant shall be entitled to the greater of: (i) one (1) exclusive tenant identification sign per on Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located A (the “Building A Signage”). The exact location of the Building A Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building A Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building A Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building A Signage; (c) the size, color and design of the Building A Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building A Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building A Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building A Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building A Signage in accordance with this the Lease, as amended hereby. At Landlord’s option, Tenant’s right to the Building A Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease the Lease, as amended hereby beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% two (2) full floors of the PremisesBuilding A, or (iii) this Lease the Lease, as amended, shall terminate or otherwise no longer be in effect.
2. (b) Upon the expiration or earlier termination of this the Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building A Signage and repair the Building in accordance with the terms of this the Lease, as amended hereby, Landlord shall cause the Building A Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building A Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this the Lease, as amended hereby, without further notice from Landlord notwithstanding anything to the contrary contained in this the Lease, as amended hereby. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15l5) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A 9.3 shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 2 contracts
Sources: Office Lease Agreement (GoPro, Inc.), Office Lease Agreement (GoPro, Inc.)
Building Signage. 1. Tenant shall be entitled to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (located. Such signage shall be referred to herein as the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant (and any Permitted Transferee) and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of such maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for the cost of any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periodsDefault; (ii) Tenant leases less 50% of the Building, or (iii) Tenant occupies less than 7550% of the Premises, or (iiiiv) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen thirty (1530) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A 31.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Solarcity Corp)
Building Signage. 1. So long as the Sign Conditions continue to prevail, Tenant shall be entitled to have the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feetright, or (ii) at Tenant’s pro rata share sole cost and expense, subject to Applicable Law, the terms of the maximum this Lease and Landlord’s approval rights, to install and maintain two (2) exterior signage permitted by applicable Laws that is allocated to the parcel signs on which the each Building is located (the each hereinafter, “Building SignageSign”). The exact location location, size, construction, mounting and design of the each Building Signage Sign shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, approval (which approval shall not be unreasonably withheld, conditioned withheld or delayed). Such right Tenant shall obtain, at its expense, all permits and approvals required for the installation of each Building Sign prior to the installation thereof (but shall not be permitted to seek any zoning or similar relief for Building’s Sign without Landlord’s consent, which may be withheld in Landlord’s sole discretion), and shall keep all such perm its and approvals in full force and effect throughout the Term. Tenant acknowledges that each such Building Signage is personal Sign shall be at Tenant’s risk and Tenant shall perform all maintenance and repairs to Tenant each Building Sign required to keep it in good condition. The installation, repair, maintenance and is removal of any Building Sign shall be subject to the following terms applicable provisions of the Lease and conditions: (a) Landlord’s other reasonable requirements. Tenant shall submit plans and drawings for promptly notify Landlord any proposed changes in the Building Signage Sign, including the addition of signage for any Transferee permitted hereunder, and any estimated costs thereof, and such changes shall be subject to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written Landlord’s approval, such approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior . Any changes to installation, and the Building Sign shall comply with all applicable Laws; (b) Tenant shall, be at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms Term of this Lease, Landlord and upon any event pursuant to which the Sign Conditions cease to prevail, Tenant shall cause the remove each Building Signage to be removed Sign (and all associated hardware) from the applicable Building and the Building to be repaired shall fill all holes and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), repair all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for damage caused by such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect restore the affected area to a Permitted Transfereecondition and appearance which is consistent with the finishes (e.g. paint) unless otherwise agreed by Landlord in writing in its sole discretionclose proximity to such area.
Appears in 2 contracts
Sources: Office Lease (YETI Holdings, Inc.), Office Lease (YETI Holdings, Inc.)
Building Signage. 1. Tenant shall be entitled will have the right to the greater of: install exterior identification signage of Tenant (i) one on the fa9ade of the Building in the location(s) specified on EXHIBIT “J-1” attached hereto, but only if and to the extent that such façade signage is permitted by the City and under all applicable Laws (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet“Façade Signage”), or and (ii) Tenant’s pro rata share on the monument sign outside of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Monument Sign”) in the location(s) thereon specified on EXHIBIT “J-2” attached hereto (collectively, “Exterior Tenant Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, in both cases at Tenant’s sole cost and expenseexpense (the cost of which may, designat Tenant’s sole option, construct be defrayed in whole or in part from the Improvement Allowance). Landlord shall keep and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Exterior Tenant Signage in good condition condition, order and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible reimburse Landlord for any electrical energy used Landlord’s Actual Costs incurred in connection with the Building Signage. Notwithstanding the foregoing, Tenant therewith from time to time within 30 days after receipt of Landlord’s invoices therefor (it being agreed that such costs shall not be liable for any fee included in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2Operating Expenses). Upon the expiration of the Term (or earlier sooner termination of this Lease or Lease) Tenant, at such other time that Tenant’s signage rights are terminated pursuant its sole cost and expense, must remove the Exterior Tenant Signage from the Building, and repair any damage to the terms hereofBuilding resulting from such removal. Any such Exterior Tenant Signage installed by Tenant shall comply with Landlord’s reasonable signage criteria (which shall in no event prohibit Tenant from displaying its name and logo on any signage in accordance with all Laws, if but may include reasonable limitations on the size and configuration of such display consistent with EXHIBITS “J-1”, “J-2”, “J-3(a)” and “J-3(b)” attached hereto) and all applicable Requirements, and the installation thereof by Tenant fails to remove the Building Signage and repair the Building shall be performed in accordance with the terms of this Lease (including, without limitation, Articles 8 or 17, as applicable). During the period that commences on the Effective Date and ends upon the expiration of the Term (or earlier termination of this Lease), Landlord shall cause not install or maintain, or permit any other person or entity (including any other tenant of the Building Building) to install or maintain, any identification signage on the fa9ade of the Building, it being agreed that the Façade Signage to be removed from shall constitute the Building and exclusive signage located on the Building to be repaired and restored to the condition which existed prior to the installation fa9ade of the Building during such period. Except for the Exterior Tenant Signage and identification signage reserved for use by other tenants and occupants of the Building on the Building Monument Sign as shown on EXHIBIT “J-2,” Landlord shall not, during the period that commences on the Effective Date and ends upon the expiration of the Term (including, if necessary, the replacement or earlier termination of any precast concrete panelsthis Lease), all at install or maintain, or permit any other person or entity to install or maintain, any identification signage on the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionBuilding Monument Sign.
Appears in 2 contracts
Sources: Sublease, Sublease (Horizon Pharma PLC)
Building Signage. 1. Tenant After the conditions set forth in Sections 36 and 37 are satisfied, Subtenant shall be entitled to have the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shallright, at Tenant’s its sole cost and expense, design, construct to have Primary Landlord erect and install maintain signage inside and outside the Building Signage; (c) as permitted by Primary Landlord, and provided that such signage complies with the size, color and design of standard graphics used on the Building Signage signage. Subtenant has the right to request the removal of all signs bearing Sublandlord's name (except for signage relating to the Building's name, "Magna Place"), in which event such signs shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne removed by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping Primary Landlord at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the Sublandlord's sole cost and expense within a reasonable period of Tenant and otherwise in accordance with this Leasetime after Subtenant's request, without further notice from Landlord notwithstanding except to the extent such signs relate to any use or occupancy of the Building by Sublandlord as of the Commencement Date. Notwithstanding anything to the contrary contained in this Sublease or the Primary Lease, in no event shall Sublandlord or the Primary Landlord be required to reimburse Subtenant for any costs or expenses incurred by Subtenant in connection with any change in the name or address of the Building. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided Notwithstanding anything to the contrary in this Section 36.A 23, prior to the satisfaction of the conditions set forth in Sections 36 and 37 of this Sublease, (a) Primary Landlord shall, within a reasonable period of time after the date of this Sublease, at Subtenant's expense, cause Subtenant to be included on all tenant directories for the Building (excluding the exterior monument signage), and (b) Subtenant shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in have the right, at its sole discretioncost and expense, to have Primary Landlord erect and maintain signage outside the Building directing vehicular traffic to the parking facilities for the Subleased Premises, all such signage to comply with the standard graphics used on the Building signage.
Appears in 2 contracts
Sources: Sublease Agreement (Privatebancorp Inc), Sublease Agreement (Privatebancorp Inc)
Building Signage. 1. Except as provided below, Tenant shall not place anywhere on the Premises or Development any exterior signs or advertisements nor any interior signs or advertisements that are visible from the exterior of the Building, without Landlord’s prior written consent, which Landlord may withhold in its sole discretion. The cost of installation and maintenance of any approved signs shall be entitled at the sole expense of Tenant. At the end of the Term, Tenant shall remove all its signs and damage caused by the removal shall be repaired at Tenant’s expense. Notwithstanding the foregoing, Tenant shall have the right to the greater of: (i) install one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel line on which the Building is located lobby directory sign, one (1) suite identification sign, one (1) panel on the Development monument sign, and one (1) non-exclusive building sign on the Building corner facing Highway 237 in a location to be designated and approved by Landlord (as applicable, the “Building SignageSign”) (collectively, “Tenant’s Signs”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with entitled to install Tenant’s right Signs if: (a) Tenant has previously assigned its interest in the Lease to display an entity other than a Permitted Transferee, (b) Tenant has previously sublet more than twenty-five percent (25%) of the Building Signage Premises to an entity other than a Permitted Transferee, or (c) Tenant is in accordance with this Leasedefault under any monetary or material non-monetary provision of the Lease beyond any applicable cure period. At Landlord’s optionFurthermore, Tenant’s right to install Tenant’s Signs is expressly subject to and contingent upon Tenant receiving the approval and consent to such Tenant’s Signs from the City of San Jose, California, its architectural review board, any other applicable governmental or quasi-governmental governmental agency and any architectural review committee under the covenants, conditions and restrictions recorded against the Development (if and to the extent applicable). Landlord agrees to reasonably cooperate with Tenant in its efforts to obtain such approval at no material cost to Landlord. All costs of approval, consent, design, construction, installation, wiring, maintaining, repairing and removing Tenant’s Signs (as applicable) will be at Tenant’s sole cost and expense. Tenant shall submit to Landlord reasonably detailed drawings of its proposed Tenant’s Signs, including without limitation, the size, material, shape, location, coloring and lettering for review and approval by Landlord. Tenant’s Signs shall be subject to (i) Landlord’s prior review and written approval thereof, (ii) the terms, conditions and restrictions of any recorded covenants, conditions and restrictions encumbering the Development and/or the Building, and (iii) shall conform to the Building Signage may sign criteria and Development sign criteria, if any, and the other reasonable standards of design and motif established by Landlord. Tenant shall be revoked solely responsible for any damage to Tenant’s Signs not caused by any negligence or misconduct of Landlord. All signage rights granted to Tenant under this section shall be personal to Tenant executing this Lease and terminated Tenant shall not have the right to assign or sublease Tenant’s rights under this section to any transferee other than a Permitted Transferee. Tenant agrees upon occurrence of any the expiration date or sooner termination of the following eventsLease to remove Tenant’s Signs and restore any damage to the Building and the Development caused by such removal, at Tenant’s expense. In addition, Landlord shall have the right to remove Tenant’s Signs at Tenant’s sole cost and expense, if, at any time during the Term: (i) Tenant shall be in default under assigns this Lease beyond any applicable notice and cure periods; town entity other than a Permitted Transferee, (ii) Tenant leases or occupies less sublets more than 75% twenty-five percent (25%) of the PremisesPremises to an entity other than a Permitted Transferee, or (iii) this Lease shall terminate Tenant is in default under any term or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of Lease beyond any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionapplicable cure period.
Appears in 1 contract
Building Signage. 1. If Landlord elects to establish a program for building top signage at the 3990 Building or the 2540 Building, Tenant shall be entitled have the right to the greater of: (i) one (1) exclusive tenant identification install a building top sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located such Buildings (the “Building Top Signage”)) on the terms set forth in this Paragraph G, which signage shall consist only of the name and/or logo of Tenant; provided, however, in no event shall such signage contain an Objectionable Name. The exact location of the Building Signage such signage shall be determined reasonably approved by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building SignageLandlord, and Landlord’s prior written approval, which approval type and design of such signage shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms prior written approval of Landlord, and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installationSanta ▇▇▇▇▇, and shall comply be consistent with all applicable LawsLandlord’s signage criteria for the Building; (b) Tenant shallprovided, however, Landlord will not unreasonably withhold its consent to such Building Top Signage provided such signage shall not have an Objectionable Name. Fabrication, installation, insurance, and maintenance of such signage shall be at Tenant’s sole cost and expense, design, construct and install . Should Tenant fail to have the Building Signage; (c) Top Signage installed within 6 months after the sizedate on which Landlord notifies Tenant that it has established such building top signage program, color then Tenant’s right to install same thereafter shall be deemed null and design void. Except for the foregoing or as otherwise permitted in the Lease, no sign, advertisement or notice visible from the exterior of the Building Signage Premises shall be subject inscribed, painted or affixed by Tenant on any part of the Premises without the prior consent of Landlord. Tenant’s signage right shall belong solely to the original Tenant, and may not be transferred or assigned (except in connection with an assignment of this Lease to a Tenant Affiliate as described in Section 9.1(f) hereof) without Landlord’s prior written approval; consent which may be withheld by Landlord in Landlord’s sole discretion. In the event such Building Top Signage is installed and thereafter Tenant, exclusive of any subtenant(s), fails to occupy substantially all of the entire 2540 Building or the entire 3990 Building, then Tenant shall, within thirty (d30) Tenant shall maintain days following notice from Landlord, remove the Building Top Signage in good condition and repairfrom the 2540 Building or the 3990 Building, and all costs of maintenance and repair shall be borne by as applicable, at Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals’s expense. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the also remove such signage promptly following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or the Lease. Any such removal shall be at such other time that Tenant’s signage rights are terminated pursuant sole expense, and Tenant shall bear the cost of any resulting repairs to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored that are reasonably necessary due to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionremoval.
Appears in 1 contract
Sources: Lease Agreement (Chegg, Inc)
Building Signage. 1Landlord will, at Landlord’s cost, (i) install and maintain in the main lobby of the Building, directory signs, consistent with the first class character of the Building and shall provide Tenant with Tenant’s Share of lines on such directory, (ii) list Tenant’s name and the names of Tenant’s subtenants and their respective employees designated by Tenant, on the lines specified in the immediately preceding clause (i), and (iii) provide Building standard signage on the suite entry doors of the Premises. All signs permitted to be installed by Tenant shall be entitled designed and installed in accordance with all applicable Laws and shall not be subject to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not prior approval of Landlord, except with respect to exceed 75 square feet, or (ii) Tenant’s pro rata share matters which affect reinforcement of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location structure of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building SignageBuilding, and Landlord’s prior written approval, which approval of such structural reinforcement shall not be unreasonably withheld, conditioned or delayed. Such Except as otherwise provided in this Section 39, no other sign, advertisement or notice shall be inscribed, painted, affixed or otherwise displayed on any part of the exterior of the Premises or the Building or on exterior windows and exterior doors (and on any of the doors and windows of the Premises which abut any of the Common Areas in the case of multi-tenanted floors on which Tenant leases any portion of the Premises), without the prior approval of Landlord, which may be granted or withheld in Landlord’s sole and absolute discretion. If any such item that has not been approved by Landlord is so displayed, then Landlord shall have the right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each remove such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, item at Tenant’s sole cost expense or to require Tenant to do the same. Landlord reserves the right to install and expensedisplay signs, design, construct advertisements and install the Building Signage; (c) the size, color and design notices on any part of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any exterior or interior of the following events: Building; provided, however, that (i1) Tenant no sign shall be in default under this Lease beyond obstruct or block any applicable notice and cure periods; (ii) Tenant leases windows or occupies less than 75% doors of the Premises, or (2) no sign shall be placed on the exterior of the Building, other than (i) on the parapet above first floor retail space in the Building, (ii) above the window line of the highest floor of the Building, with only one sign permitted on each side of the top floor of the Building, (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon a plaque installed at the expiration or earlier termination main entrance of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired identify ▇▇▇▇▇ & Vanderhye, P.C., and restored to (iv) directional signage placed on the condition which existed prior to the installation exterior of the Building Signage for ESI, Inc., and (including, if necessary, 3) no sign which is placed in or on the replacement exterior of the Building or any precast concrete panelsportion of the Complex shall identify any Specialized Human Resources Consulting Firm (as defined in Section 48 below), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 1 contract
Building Signage. 1. Tenant shall be entitled Notwithstanding anything to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feetcontrary in the Lease, or (ii) Tenant’s pro rata share including Lease Section 6.2, for the Extended Term and any extensions of the maximum Extended Term, Tenant may attach one sign identifying Tenant on the exterior signage permitted by applicable Laws that is allocated to the parcel on which of the Building is located (the “Building SignageSign”)) essentially as depicted on Exhibit “A” attached to this Amendment. The exact location Tenant, at its sole expense, is responsible for obtaining all permits and zoning and regulatory approvals for the Sign, and will be solely responsible for all costs in connection with the Sign, including all costs of design, construction, installation, removal, supervision, and wiring. Tenant’s failure to obtain all necessary approvals for the Sign will not release Tenant from any of Tenant’s obligations under the Lease. Further, Tenant is responsible for maintaining the Sign in a first class manner throughout the Extended Term and any extensions of the Building Signage shall be determined by Extended Term, and for all costs of repairing the Sign, including all cost of repairing or replacing any damaged portions of the Sign and the cost of replacing any light bulbs, florescent or neon tubes, or other illumination device. Tenant, subject to all applicable Laws, any reasonable signage guidelines for upon the Project established by Landlord that are provided to Tenant prior to installation expiration date or sooner termination of the Building SignageLease, will remove the Sign and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right restore any damage to the Building Signage is personal and Property (including fading and/or discoloration) caused by the presence or removal of the Sign at Tenant’s expense. In addition, Landlord shall have the right to Tenant and is subject to remove the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, Sign at Tenant’s sole cost and expense, designif, construct at any time during the Term (and install the Building Signage; any extensions thereof), (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (da) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this the terms of the Lease beyond after the expiration of any applicable notice and cure periods; (iib) Tenant leases (or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless fails to continuously occupy the Premises; or (c) except with regard to a Permitted Transfer, Tenant assigns the Lease or subleases or otherwise agreed by Landlord in writing in its sole discretionTransfers 50% or more of the Premises.
Appears in 1 contract
Sources: Lease (Nextg Networks Inc)
Building Signage. 1Tenant acknowledges that all available Building-top signs permitted by the City of Thousand Oaks and the Project Uniform Sign Program have been allocated to other tenants of the Building and that, as of the date of this Lease, no additional Building-top signs are permitted on the Building. Notwithstanding the foregoing, if, but only if (i) either (a) the lease of an existing tenant (or, if applicable, the lease or sublease of an assignee or subtenant of such existing tenant) having the right to Building-top signage on the Building (such existing tenant, together with any assignee or subtenant, a “Signage Tenant”) is terminated and such Signage Tenant surrenders full occupancy of its premises, or (b) the Building-top signage right granted to such Signage Tenant under its lease is otherwise terminated and (ii) either (a) a minimum of sixty (60) full calendar months remains in the initial Term (or if Tenant has timely and properly exercised an Option to Extend, a minimum of sixty (60) full calendar months remains in the applicable Option Term), or (b) if less than sixty (60) full calendar months remain either in the initial Term or any applicable Option Term after the proper exercise of the Option to Extend by Tenant, Landlord and Tenant have entered into an amendment extending the initial Term or applicable Option Term such that a minimum of sixty (60) full calendar months remain in such extended initial Term or Option Term, as applicable, Landlord shall give Tenant written notice (a “Sign Availability Notice”) of the availability of such Building-top sign (the “Available Building-Top Sign”). Tenant shall have five (5) business days after receipt of such Sign Availability Notice to notify Landlord in writing (“Sign Election Notice”) of Tenant’s election to take such Available Building-Top Sign; time being of the essence of the Sign Election Notice. If Tenant fails to deliver a Sign Election Notice to Landlord within the above 5-business day period, Tenant shall be entitled conclusively deemed to have elected to not take such Available Building-Top Sign, in which case, Tenant shall have no further right to any Available Building-Top Sign and Tenant’s rights under this Section 21.3 shall immediately and automatically terminate without further action by any party. If Tenant timely delivers to Landlord a Sign Election Notice, Tenant shall have the right to the greater of: Available Building-Top Sign, provided that the Available Building Top Sign shall (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feetbe installed at Tenant’s sole cost and expense, or (ii) be in the same location as the previous Signage Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located Building-top sign, or in such other location as Landlord may designate in Landlord’s sole and absolute discretion, (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to iii) comply with all applicable Laws, any reasonable signage guidelines for the Project established Uniform Sign Program, and the CC&Rs, (iv) be of a size, design, construction, color and materials, and be based on plans and specifications approved by Landlord in its reasonable discretion, provided that are provided to Landlord may, in all events, require that the Available Building-Top Sign shall be dark bronze in color, pin mounted, and backlit, and (v) be on a non-exclusive basis. No other phrases (other than Tenant’s name or standard logo) may be included on the Available Building-Top Sign without the prior consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant prior to shall obtain all governmental permits and approvals required in connection with the Available Building-Top Sign at Tenant’s sole cost and expense. Before beginning installation of the Building SignageAvailable Building-Top Sign, and Tenant shall obtain Landlord’s prior written approvalapproval of Tenant’s signage contractor for Tenant’s proposed Available Building-Top Sign, which approval shall not be unreasonably withheld, conditioned or delayed. Such Notwithstanding the foregoing, Tenant agrees that (x) notwithstanding that Tenant is paying all costs and expenses relating to installation of the Available Building-Top Sign, other Building-top signs are currently located on the Building and Landlord, in Landlord’s sole and absolute discretion, may elect to install or allow others to install additional signage on the Building, (y) nothing contained in this Section 21.3 shall limit or otherwise prohibit Landlord from extending (whether through an express right granted under such Signage Tenant’s lease or otherwise), or otherwise amending any Signage Tenant’s lease (together with the right to continue to maintain such Signage Tenant’s Building-top signage on the Building Signage is personal Building), and (z) the rights granted to Tenant under this Section 21.3 are and is subject shall at all times remain subordinate to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and signage rights granted to any other public authorities having jurisdiction and shall obtain written approval Signage Tenant under such Signage Tenant’s lease, as the same may be extended or otherwise amended from Landlord (not time to be unreasonably withheldtime. On or before the expiration or earlier termination of the Term, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct remove the Available Building-Top Sign and install restore the Building Signage; (c) the size, color and design portion of the Building Signage shall be subject affected by the same to its original condition, reasonable wear and tear excepted. Tenant’s signage rights under this Section 21.3 are personal to the originally named Tenant and in no event may Tenant assign, sublease or otherwise transfer any of its rights with respect to the Available Building-Top Sign hereunder to any party without Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage consent, which may be withheld in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked sole and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole absolute discretion.
Appears in 1 contract
Sources: Lease Agreement (Ryland Group Inc)
Building Signage. 1. Tenant shall be entitled will have the right to install and maintain at its sole cost and expense the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of signage in the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenantlobbies and skyway areas and, subject to applicable codes and ordinances and Prime Lease, on the exterior of the Building, all applicable Lawsas shown on EXHIBIT A attached hereto, any reasonable signage guidelines for as well as the Project established right to place Advertisements in the Common Areas, provided such Advertisements are approved by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, (which approval shall not be unreasonably withheld, conditioned withheld or delayed). Such right With respect to the Building Signage exterior signage shown on EXHIBIT A (which is personal approximately seventy-five (75) inches long by twenty-four (24) inches high), promptly following the date of this Sublease, Landlord and Tenant shall jointly and diligently seek and pursue any necessary approvals from Prime Landlord and applicable governmental authorities to Tenant such exterior signage and is subject any additional exterior signage Landlord desires with respect to the following terms and conditions: Building, provided that (aw) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayedLandlord's exterior sign(s) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee located on the face of the Building's exterior where Tenant's exterior sign is depicted in connection with Tenant’s right to display EXHIBIT A or similarly, on the same Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence face of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that alternative exterior location for Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable 's sign (except with respect to any exterior multi-tenant Building directory described below), (x) if such governmental authorities determine not to allow two of Landlord's reasonably sized exterior signs and Tenant's exterior sign as shown on EXHIBIT A, then Landlord shall have the first right to install its exterior signs (provided, however, Tenant's exterior sign shall still be permitted if (i) such governmental authorities allow only one Landlord exterior sign and one Tenant exterior sign and Landlord permits Tenant to install its exterior sign, or (ii) if such governmental authorities allow Landlord such two signs and Landlord elects to install only one such sign), (y) Tenant may not illuminate its exterior sign unless at least one of Landlord's exterior signs also is illuminated and Tenant's exterior sign is illuminated to a Permitted Transfereesimilar degree and in a similar manner as Landlord's, and (z) unless otherwise agreed if such governmental authorities determine not to allow Tenant's EXHIBIT A exterior sign, Landlord and Tenant will reasonably cooperate and diligently pursue alternative exterior signage for Tenant which is reasonably acceptable to Landlord and Tenant, but which would provide Tenant exterior Building exposure generally as shown on EXHIBIT A (subject to (x) above). In the event Tenant's exterior EXHIBIT A signage or alternative exterior signage generally as shown on Exhibit A cannot be installed, Landlord and Tenant will reasonably cooperate and diligently and jointly pursue and share equally the expenses incurred by Landlord and Tenant for alternative exterior signage in writing the form of a prominent, exterior multi-tenant Building directory, which directory would be (i) installed on the exterior Building wall shown on EXHIBIT A-2, (ii) installed with a uniform font or typeface with no use of color or corporate logos, (iii) if reasonably necessary to separate or delineate the directory names, installed with horizontal splines or similar device between the names and constructed of the same material used for the directory letters, (iv) at Tenant's sole option, with the order of Tenant's name and "Tenant #3" as shown on EXHIBIT A-2 reversed, and (v) otherwise reasonably acceptable to Landlord and Tenant and which would provide Landlord and Tenant exterior Building exposure generally as depicted on EXHIBIT A-2. Tenant shall have the right from time to time to modify such signage to reflect Tenant's prototype logo sign design from time to time using its corporate logo (except in the case of the exterior multi-tenant directory described above) and/or trade name, at Tenant's sole expense, provided that if such prototype sign contains the name of any competitor of Landlord in the retail banking business, then (a) subject to applicable governmental approvals, Tenant's exterior signage would be replaced with a prominent, exterior multi-tenant Building directory as described above which is reasonably acceptable to Landlord and Tenant and which would provide Landlord and Tenant exterior Building exposure generally as depicted on Exhibit A-2, and (b) Tenant's signs located in the lobbies or skyway areas as shown on EXHIBIT A would be removed and then limited to one sign (approximately three and one quarter (3.25) square feet) as shown on EXHIBIT A-1. Landlord will exercise its rights under Article 36 of the Prime Lease so as to provide Tenant the signage permitted Tenant under this Section 26, to the extent consistent with the requirements of the Prime Lease. Landlord will exercise its rights under Section 36.2 of the Prime Lease so as not permit any signage (including, without limitation, any Advertisements) in the Common Areas or on the exterior or Floors 1 or 2 of the Building for any competitor of Tenant in the insurance and securities brokerage, trading or marketing, financial or investment planning or counseling, or venture capital business (other than Tenant, Landlord or Landlord's successor from time to time as the tenant under the Prime Lease), to not permit any signs or Advertisements other than Tenant's on the wall behind Tenant's reception/security desk between the two adjacent elevator bank openings and to not permit any signs or Advertisements in the areas designated for "no signs" on the floor plan included as a part of EXHIBIT A. Except as provided in this Section 26.2, Tenant shall have no right to exterior Building signage or monument signage, except for the existing marble sign at the Building's base along South Eighth Street which Tenant shall have the right to modify from time to time, at its sole expense, provided that Tenant uses its trade name from time to time and the type font and size are as existing on the date of this Sublease. Subject to the provisions of the Prime Lease, Tenant has the exclusive right in its sole discretiondiscretion to install signage in the elevator lobbies of the Floors of which Tenant is the sole occupant (which, for purposes hereof, shall include Floor 8 of the Building), and, subject to Landlord's approval (which approval shall not be unreasonably withheld or delayed), at the entrance to Tenant's suite(s) on Floors of which Tenant is not the sole occupant. Landlord hereby approves the signage shown on EXHIBIT A, EXHIBIT A-1, and EXHIBIT A-2 attached hereto, as well as other signs existing on or about the Subleased Premises on the date of this Sublease (but not any other signs located on or about the Floors 1 or 2 of the Building which are not shown on EXHIBIT A, EXHIBIT A-1, or EXHIBIT A-2 except for the existing marble sign at the Building's base along South Eighth Street).
Appears in 1 contract
Building Signage. 1. Provided that Tenant shall be entitled to is not then in default of its obligations under the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by TenantLease, subject to all applicable Lawsgrace and cure periods, any reasonable Tenant, at Tenant’s expense shall have the right to exclusive eyebrow signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of (“Eyebrow Signage”) or top signage on the Building (“Building Top Signage”), and subject to (A) Tenant obtaining all required governmental approvals for such signage (the “Governmental Approval for Signage”), (B) Landlord’s prior written approvalapproval to the location, construction and design of such signage, which approval from Landlord shall not be unreasonably withheld, conditioned or delayed, (C) Landlord’s signage criteria attached hereto as Exhibit D, and (D) Tenant reimbursing Landlord for the cost of changes that are required to Building systems to accommodate any exterior signage (if any) installed by Tenant pursuant to this Section 10(a), including, but not limited to, any changes needed to window washing rigs. Such Tenant shall have one (1) year from the date of this Amendment to elect by written notice to Landlord which of the two (2) locations provided for in the prior sentence that Tenant has decided to use for outside signage pursuant to this Section 10(a). If Tenant does not provide the notice to Landlord of the location of the outside signage in the previous sentence within such one (1) year period, then Tenant shall have no further right to the Building Top Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage outdoor signage rights shall be subject limited to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervalsEyebrow Signage. Tenant shall be responsible for all costs associated with any electrical energy used in connection signage installed or contemplated by Tenant pursuant to this Section 10(a), including, but not limited to, all costs associated with obtaining the Building Signage. Notwithstanding Governmental Approval for Signage (if Tenant elects to pursue it), the foregoingdesign, Tenant shall not be liable for any fee in connection with Tenant’s right installation, repair and removal of such signage prior to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease Lease. The rights contained in this Section 10(a) shall be personal to the Original Tenant and any Permitted Transferee (and not any other assignee or any sublessee or other transferee of the Original Tenant’s interest in this Lease). If, after such date that the Premises exceeds 100,000 rentable square feet, Tenant and its Permitted Transferees (including without limitation affiliates) no longer occupy at such other time that least 100,000 rentable square feet, Landlord shall have the right to terminate Tenant’s signage rights are terminated pursuant to the terms hereofunder this Section 10(a) and upon such termination, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied be required to promptly remove any Eyebrow Signage or Building Top Signage installed by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionTenant.
Appears in 1 contract
Sources: Office Lease (Docusign Inc)
Building Signage. 1. So long as the original named Tenant herein and/or a Tenant Affiliate (as described in Section 15 hereof) continues to occupy not less than 30,000 square feet of rentable area of the Demised Premises for the conduct of business operations therefrom, Tenant shall be entitled have the right to install and maintain, during the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feetTerm hereof, or (ii) at Tenant’s pro rata share expense, name identification signage (corporate identity name and/or logo) for Tenant located on the top of the maximum exterior signage permitted by applicable Laws that is allocated to Building, in any one of the parcel on which east, south or north sides of the Building is located (the “Building SignageSignage Identification”). The exact location of any such Building Signage Identification shall be within the “band” on such applicable side of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for currently located at the Project established by Landlord that are provided to Tenant prior to installation top of the Building SignageBuilding, and Landlord’s prior written approval, which approval in no event shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal Identification extent past the roofline of the Building. The design and font for such Building Signage Identification shall be consistent with the name/logo depicted in Exhibit I attached hereto and incorporated herein or otherwise acceptable to Landlord, at its sole discretion; provided that block lettering shall also be acceptable to Landlord, in lieu of the font shown on Exhibit I. The colors used for such Building Signage Identification shall be white, black and/or red (as selected by Tenant), or any other color requested by Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings approved by Landlord, at its sole discretion. The materials used for the such Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage Identification shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervalsconsistent with comparable Class A office building standards. Tenant shall be responsible have the right, at its expense, to install illuminated Building Signage Identification, so long as the type of illumination is consistent with Class A office building standards, and does not include neon or flashing light elements, and provided that the balance of the terms of this Section 26.1 shall continue to apply relative thereto. It is acknowledged that Exhibit I is attached for any electrical energy used illustration purposes relative to certain pre-approved signage elements as expressly described above in connection with the Building Signage. Notwithstanding the foregoing, this Section 26.1 (it being understood that Tenant shall not be liable for any fee in connection with Tenant’s have the right to display install its signage on only one side of the Building Signage Building, as described above in accordance with this Lease. At Landlord’s optionArticle 26, Tenant’s right notwithstanding anything in said Exhibit I to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default contrary). All work performed under this Lease beyond any applicable notice Article 26 shall comply and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building performed in accordance with the terms and conditions described in the Article 25 (if included as part of the Tenant’s Work) and in Article 8 of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored in any case subject to the condition which existed prior necessary approvals and other terms and conditions therein described, and subject to Tenant obtaining all necessary Village of Lisle and other applicable governmental permits and approvals therefor. The signage rights of Tenant set forth in this Article 26 are personal to the installation original named Tenant hereunder and any permitted Tenant Affiliate assignee, and may not be exercised by any other assignee or by any sublessee of the Building Signage said Tenant unless Landlord otherwise consents thereto (including, if necessary, the replacement of any precast concrete panelsat Landlord’s sole discretion), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect used solely to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionidentify the name and/or logo of said original named Tenant or any permitted Tenant Affiliate assignee hereunder.
Appears in 1 contract
Building Signage. 1. 23.4.1 Tenant shall be entitled to the greater of: two (i2) one (1) exclusive tenant identification sign per Building that does not signs, one of which is to exceed 75 square feet, or (ii) Tenant’s pro rata share be located on the exterior of the maximum exterior signage permitted by applicable Laws that is allocated Building adjacent to the parcel entrance to the Premises and the other which is to be located on which the exterior side of the Building is located facing ▇▇▇▇▇▇▇▇ Avenue (collectively, the “Building Signage”). The exact location and design of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, Applicable Laws and Landlord’s prior written approval, which approval . The Building Signage shall not be unreasonably withheld, conditioned or delayedilluminated. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo Mountain View and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, and each such jurisdiction prior to installation, and shall fully comply with all applicable Applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be consistent with the other signage located on other Buildings in the Project and shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signagecleaning. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periodsperiod; (ii) Tenant leases or and an affiliate of Tenant that is a Permitted Non-Transferee occupies less than 75% one hundred percent (100%) of the Premises, ; or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. 23.4.2 Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this LeaseLease within ten (10) business days following Landlord’s notice to Tenant of such failure, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding Landlord. Notwithstanding anything to the contrary contained in this Lease. , Tenant shall pay all reasonable out of pocket costs and expenses for such removal and restoration within fifteen five (155) business days following delivery of an invoice therefor accompanied by reasonable supporting documentationtherefor. The rights provided in this Section 36.A Article 23 shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole but reasonable discretion.. (50) Mountain View Research ParkNeuropace, Inc.
Appears in 1 contract
Sources: Office Lease (NeuroPace Inc)
Building Signage. 1. Tenant shall be entitled have the right, at its sole cost and expense, to the greater of: (i) design and install one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) with Tenant’s pro rata share name and logo on the exterior façade of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”), subject to applicable zoning requirements and other applicable laws and to Tenant obtaining all necessary permits and approvals therefor (Landlord hereby agreeing to cooperate with Tenant, at no cost or expense to Landlord, in Tenant’s obtaining of such permits and approvals). The exact location of To the extent permitted by applicable zoning laws, such Building Signage may be illuminated in the manner described on the conceptual plan attached hereto as Exhibit I-3. Tenant’s right to Building Signage shall be determined by Tenantexclusive so long as Tenant shall directly lease and occupy at least 100,000 square feet of rentable floor area in the Building and Landlord shall not grant or permit other tenants or third parties or Landlord (including any affiliates of Landlord) the right to maintain exterior signage on the façade of the Building. The Building Signage shall be substantially in accordance with and in the location shown on Exhibit I-3; provided, however, that the final design thereof shall be subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approvalapproval in Landlord’s reasonable discretion so long as the final design and location thereof is not materially different than that shown on the conceptual plan attached as Exhibit I-3. In the event that, which approval shall not be unreasonably withheldat any time during the Term, conditioned or delayed. Such right Tenant ceases to directly lease and occupy less than 75,000 square feet of rentable floor area in the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheldBuilding, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, upon Landlord’s written request and at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building installed by Tenant pursuant to this Section 4.1.4 (D) in accordance with the provisions of subsection (E) below. In the event that Landlord or any of its affiliates, parent companies or subsidiaries constructs a new building on property adjacent to the Site that materially obstructs or otherwise adversely impacts the visibility of the Building Signage, Tenant shall have the one-time right, at its sole cost and expense and subject to all terms and provisions of this Lease, Landlord shall cause the Building Signage Section 4.1.1 as are applicable to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessarywithout limitation, the replacement of any precast concrete panelsLandlord’s approval rights and all applicable occupancy thresholds), all at to relocate the sole cost and expense Building Signage to another location on the exterior façade of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionBuilding.
Appears in 1 contract
Sources: Lease Agreement (Phase Forward Inc)
Building Signage. 1. During the initial Term, but only so long as (a) Tenant leases at least 25,381 Rentable Square Feet in the Building and (b) no event of default exists under the Lease beyond any applicable notice and cure period, Tenant shall be entitled have the right to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feetinstall and maintain, or (ii) at Tenant’s pro rata share of the maximum sole expense, exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located identifying Tenant’s name (the “Building Signage”)) located on the top of the northwest exterior façade of the Building. The exact location signage rights granted herein are personal to the specific party originally identified as the “Tenant” under the Lease and may not be transferred, shared or assigned in whole or in part to any assignee, subtenant or other tenant in the Building, except to a permitted transferee in connection with a Permitted Transfer provided that Landlord has first approved of the Building Signage shall be determined by Tenant, subject name such permitted transferee desires to all applicable Laws, any reasonable signage guidelines for place on the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld. In addition, conditioned or delayed. Such Tenant’s right to Signage shall terminate upon any sublease of all or any portion of the Building Signage is personal Premises, except to Tenant and is subject a permitted transferee in connection with a Permitted Transfer provided that Landlord has first approved of the name such permitted transferee desires to place on the following terms and conditions: (a) Tenant Signage, which approval shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld. The location, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color material, construction and design of the Building Signage shall be subject to Landlord’s (a) the prior written approvalapproval of Landlord, in its sole discretion; (b) compliance with applicable laws; and (dc) any required approval under the restrictive covenants applicable to the Property, as the same may be amended or modified from time to time (the “Covenants”). Tenant shall not make any subsequent alterations in or additions to the Signage without in each instance first complying with the foregoing requirements. Tenant acknowledges that Landlord has made no representation that any Signage proposed by Tenant will comply with applicable law or the Covenants. In no event shall Tenant use a name on the Signage that is in competition with another tenant of Landlord or its affiliates or in contravention of any prior signage rights. Tenant, at its expense, shall obtain all necessary governmental permits and certificates required for the installation and use of the Signage, as well as any approvals necessary under the Covenants. All construction, installation, alterations and repair and maintenance work shall be performed in a good and workmanlike manner in compliance with the Building’s rules and regulations and shall not interfere with, delay or otherwise impose any additional expenses upon Landlord in the maintenance and operation of the Building or upon the use and enjoyment by other tenants of their respective premises in the Building. Tenant shall maintain the Building Signage and keep it in good condition working order repair and repair, and shall timely pay or cause to be paid all costs of maintenance and repair shall for work done by Tenant or caused to be borne done by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right related to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2Signage. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant right to possess the terms hereofPremises, or if Tenant otherwise fails at any time to comply with the requirements of this Paragraph, Tenant shall, at its sole expense, promptly remove all such Signage which shall become the property of Tenant, and repair any damage caused by the Signage or its removal. However, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be is not removed from the Building and Property within ten (10) business days after Landlord’s notice, then the Building Signage shall conclusively be deemed to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of have been abandoned by Tenant and may be removed, appropriated, sold, stored, destroyed or otherwise in accordance with this Lease, disposed of by Landlord without further notice from to Tenant or any other person and without obligation to account therefor. Tenant shall pay Landlord notwithstanding all expenses incurred in connection with any such removal, appropriation, sale, storage, destruction and disposition of the Signage and the repair of any damage caused by the Signage or its removal. Notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided Paragraph, or in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by any approvals or other communications, Landlord in writing reserves the right, in its sole discretiondiscretion and at its expense, to change any existing signage or modify its signage guidelines for the Property at any time and from time to time. Tenant may use the Allowance (as defined in Exhibit “E”) to pay for the costs of the Signage.
Appears in 1 contract
Sources: Office Lease Agreement (Jamba, Inc.)
Building Signage. 1. Tenant shall be entitled have the right, at its sole cost and expense, to the greater of: (i) design and install one (1I) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) with Tenant’s pro rata share 's name and logo on the exterior fayade of the maximum exterior signage Buildi ng (the "Building Signage"), subject to applicable zoning requirements and other applicable laws and to Tenant obtaining all necessary permits and approvals therefor (Landlord hereby agreeing to cooperate with Tenant, at no cost or expense to Landlord, in Tenant's obtaining of such permits and approvals). To the extent permitted by applicable Laws that is allocated zoning laws, such Building Signage may be illuminated in the manner described on the conceptual plan attached hereto as Exhibit 1-3. Tenant's right to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenantexclusive so long as Tenant shall directly lease and occupy at least 100,000 square feet of rentable floor area in the Building and Landlord shall not grant or permit other tenants or third parties or Landlord (including any affiliates of Landlord) the right to maintain exterior signage on the fayade of the Building. The Buildi ng Signage shall be substantially in accordance with and in the location shown on Exhibit 1-3; provided, however, that the final design thereof shall be subject to all applicable LawsLandlord's approval in Landlord's reasonable discretion so long as the final design and location thereof is not materially different than that shown on the conceptual plan attached as Exhibit I-3. In the event that, at any reasonable signage guidelines for time during the Project established Term, Tenant ceases to directly lease and occupy less than 75,000 square feet of rentable floor area in the Building, Tenant shall, upon Landlord's written request and at Tenant's sole cost and expense, remove the Building Signage installed by Tenant pursuant to this Section 4.1.4 (D) in accordance with the provisions of subsection (E) below. In the event that Landlord or any of its affiliates, parent companies or subsidiaries constructs a new building on property adjacent to the Site that are provided to Tenant prior to installation materially obstructs or otherwise adversely impacts the visibility of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for have the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shallone-time right, at Tenant’s its sole cost and expense, design, construct expense and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; all terms and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination provisions of this Lease or at such other time that Tenant’s signage rights Section 4.1. l as are terminated pursuant applicable to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessarywithout limitation, the replacement of any precast concrete panelsLandlord's approval rights and all applicable occupancy thresholds), all at to relocate the sole cost and expense Building Signage to another location on the exterior fayade of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionBuilding.
Appears in 1 contract
Sources: Sublease Agreement (Care.com Inc)
Building Signage. 1. Tenant shall be entitled to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share be located on the top exterior of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, Applicable Laws and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings (which plans and drawings may specify that the Building Signage is illuminated) for the Building Signage to Landlord and to the City of San Mateo Redwood City and to any other owner’s or business association or public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, and each such jurisdiction prior to installation, and shall fully comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signagecleaning. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate upon the expiration or otherwise no longer be in effect.
2earlier termination of this Lease. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereofLease, if Tenant T▇▇▇▇▇ fails to remove the Building Signage {3925-00031/01363433;7} -47- SHORES CENTERSoleno Therapeutics, Inc. and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding Landlord. Notwithstanding anything to the contrary contained in this Lease. , Tenant shall pay all costs and expenses for such removal and restoration within fifteen thirty (1530) business days following delivery of an invoice therefor accompanied by reasonable supporting documentationtherefor. The rights provided in this Section 36.A 23.6 shall be non-transferable (except in connection with respect a Transfer to a Permitted Transferee) Transfer following a Permitted Transfer unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 1 contract
Building Signage. 1. In the event Tenant leases fifty percent (50%) or more of the Building, Tenant shall have the right of first offer to have one exclusive sign to be entitled to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share located on top of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”)) at such time as space becomes available during the Term. In such event, Landlord shall give written notice to Tenant of the availability of space for the Building Signage and Tenant shall have a period of five (5) days to notify Landlord that Tenant exercises its right of first offer for the Building Signage. The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, Regulations and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayedprovided that the location does not detract from the first-class quality of the Building. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) :
44.1 Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo Aliso Viejo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall fully comply with all applicable Laws; (b) Regulations.
44.2 Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the .
44.3 The Building Signage shall be subject to Landlord’s prior written approval; and (d) , which shall not be unreasonably withheld.
44.4 Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default :
44.4.1 There is an Event of Default under this Lease beyond any applicable notice and cure periods; (ii) Lease.
44.4.2 Tenant leases or occupies less than 75% fifty percent (50%) of the Premises, or (iii) this Building.
44.4.3 This Lease shall terminate or otherwise no longer be in effect.
2. 44.5 Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen five (155) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. therefor.
44.6 The rights provided in this Section 36.A Article 44 shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion. Notwithstanding the foregoing, Landlord shall not disapprove a transfer of the Building Signage in connection with a Permitted Transfer, so long as the original name of Tenant hereunder remains on the Building Signage. If the name on the Building Signage will change in connection with such Permitted Transfer, Landlord shall have the right to approve the new name on the Building Signage, which approval shall not be unreasonably withheld.
Appears in 1 contract
Building Signage. 1. Tenant shall be entitled to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject Subject to the following terms and conditions: (a) , Landlord shall permit Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shallinstall, at Tenant’s sole cost and expense, design, construct and install one (1) exterior building sign on the Building Signage; (c) the size, color and design top of the Building Signage in the location depicted on Exhibit F attached hereto and incorporated herein by reference (the “Building Sign”) containing Tenant’s name; provided that if the City of San Diego or any other governmental or quasi-governmental authority whose permission is required for the Building Sign, requires the location of the Building Sign at a different location on the Building, such different location shall be subject as is mutually-agreed to by Tenant and Landlord, acting reasonably and in good faith to provide Tenant with reasonably similar Building signage):
(a) The cost of designing, fabricating, installing and obtaining governmental approvals for the Building Sign shall be paid by Tenant, at Tenant’s sole cost and expense. Landlord shall have the right to approve the contractor that installs the Building Sign and the contractor shall comply with all of Landlord’s prior written approval; policies and procedures relating to construction performed at the Project (de.g., insurance, safety etc.);
(b) Tenant shall maintain the Building Signage Sign in good condition order and repair, at Tenant’s sole cost and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with expense;
(c) Tenant’s right to display install the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right Sign is subject to the Building Signage may be revoked Tenant obtaining all required governmental approvals and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to permits for the installation of the Building Signage Sign. Landlord makes no representation or warranty that Tenant will be able to obtain the required approvals and permits for the installation of the Building Sign, and Tenant’s obligations under this Lease are not conditioned upon Tenant’s ability to obtain the approvals and permits or upon Tenant’s ability to install the Building Sign or any other sign;
(including, if necessary, d) Any modification of the replacement Building Sign shall be considered to be an “Alteration” within the meaning of any precast concrete panels), all at Article 9(c) of the sole cost and expense of Tenant and otherwise in accordance with this Original Lease, without further notice from Landlord notwithstanding and shall be governed by the provisions thereof. Notwithstanding anything to the contrary contained in this Lease. Tenant Article (c), any modification or alteration of the Building Sign shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall require Landlord’s prior approval, which may be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed given or withheld by Landlord in writing in its Landlord’s sole discretion, except that in the event of an assignment of this Lease to an Affiliate of Tenant as permitted under the Lease, as modified hereby, the name of the Affiliate in the Building Sign location shall not require Landlord’s approval, as long as the replacement Building Sign satisfies all of the other requirements of this Section 20;
(e) The Building Sign shall be considered a use of the Premises pursuant to Article 13 of the Original Lease, and Tenant shall defend and indemnify Landlord to the extent provided in said Article 13;
(f) Tenant shall remove the Building Sign and repair any damage to the Project caused by such removal, at Tenant’s sole cost and expense, upon the termination or expiration of the Lease term;
(g) The insurance purchased by Tenant pursuant to Article 14 of the Original Lease shall apply to the Building Sign;
(h) Should the Building Sign be electrically illuminated, Tenant agrees to pay to Landlord, upon demand, the costs of such power as determined by persons skilled in the field, and utilize those estimates in billing Tenant for the power consumed; however, Tenant shall also have the right to install, at Tenant’s sole cost and expense, electrical meters which shall measure the actual amount of power consumed;
(i) If at any time Tenant has assigned this Lease to a person or entity other than an Affiliate or has subleased more than twenty five percent (25%) of the usable square feet in the Premises to a person or entity other than an Affiliate, Landlord shall have the right, at Landlord’s option, at any time, upon not less than ninety (90) days advance written notice to Tenant, to require Tenant to permanently remove the Building Sign and to repair any damage to the Building caused by such removal, at Tenant’s sole cost and expense. From and after the date of such removal, Tenant shall no longer have the right to place the Building Sign on the Building, and except for Tenant’s obligation to remove the Building Sign and to repair any damage to the Building, this Section shall be of no further force or effect;
(j) If Tenant has not installed the Building Sign on or before the first anniversary of the Extended Term Commencement Date, Tenant’s shall no longer have the right to install a Building Sign, and this Section shall be of no further force or effect, provided that delays attributable to any local signage moratorium or any other event of Force Majeure (as defined in Article 27 of the Lease) shall suspend such one-year period for the duration of such event of Force Majeure; and
(k) Landlord shall continue to have the right to install one or more additional signs on the exterior of the Building (but without any loss of Tenant’s signage rights, or obligation of Tenant to relocate modify the Building Sign, pursuant to Landlord’s exercise of such right), and no exclusive sign rights have been granted hereunder.
(l) Tenant’s right to install the Building Sign shall be in addition to, and shall not affect, Tenant’s Signage right on the Project’s existing monument sign, pursuant to Article 32 of the Original Lease.
Appears in 1 contract
Building Signage. 1. Effective as of the Expansion Premises Commencement Date, Article 28 of the Lease is hereby deleted in its entirety and replaced with the following:
28.1 Tenant shall be entitled may, at Tenant's expense, install Building standard suite signage identifying Tenant's business at the entrance to the greater of: (i) one (1) exclusive tenant identification sign per Building Premises, provided that does not to exceed 75 square feetthe design, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact size, color and location of the Building Signage shall be determined by Tenant, subject to all sign is in compliance with applicable Laws, any reasonable signage guidelines for the Project established Legal Requirements and has been approved by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, (which approval shall not be unreasonably withheld, conditioned or delayed). Such right Tenant shall be entitled, at no cost to Tenant, to have the name of Tenant's company listed on the Building Signage directory situated in the lobby of the Building. If, after Tenant's name is personal to initially listed on the directories, Tenant and is subject to the following terms and conditions: (a) requests a change in Tenant's name as printed thereon, Tenant shall submit plans and drawings reimburse Landlord for Landlord's cost of reprinting Tenant's name for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shalldirectories.
28.2 Tenant, at Tenant’s 's sole cost and expense, design, construct and install the Building Signage; expense (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall includeincluding, without limitation, cleaning andcosts and expenses to construct any such signage to the extent the same does not exist as of the date of this Lease), if and subject to Tenant's compliance with applicable Legal Requirements (including signage ordinances), shall be entitled to signage on the exterior of the Building Signage and to the extent desired by Tenant on the land on which the Building is illuminatedlocated, relamping at reasonable intervalsin the maximum size and number of locations as permitted by the City and Legal Requirements ("Tenant's Signage"). Tenant shall be responsible for obtaining any electrical energy used governmental permits or approvals required for Tenant's Signage, all at Tenant's sole cost and expense; provided, however, that Landlord, at no cost to Landlord, shall reasonably cooperate with Tenant as reasonably required for obtaining any governmental permits or approvals required for Tenant's Signage. Tenant's repair, maintenance, construction and/or improvement of Tenant's Signage shall be at its sole cost and expense and shall ./-/11-17-20// -9- ▇▇▇▇▇▇▇▇▇ / 500209.0017 comply with all applicable Legal Requirements, the requirements applicable to construction of Alterations pursuant to Article 8 of this Lease, and such other reasonable rules, procedures and requirements as Landlord shall impose with respect to such work, including insurance coverage in connection therewith. Any cost or reimbursement obligations of Tenant under this section 28.2, including with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right respect to the Building Signage may be revoked and terminated upon occurrence installation, maintenance or removal of any of the following events: (i) Tenant Tenant's Signage, shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon survive the expiration or earlier termination of this Lease.
28.3 Tenant's rights to maintain Tenant's Signage shall terminate upon the earlier to occur of: (a) the expiration or earlier termination of the Lease or at such Tenant's right to possession of the Premises; (b) Tenant assigns the Lease other time that Tenant’s signage rights are terminated pursuant than to the terms hereof, if Tenant fails an Affiliate; or (c) Landlord elects to remove the Building Signage and repair the Building in accordance with the terms terminate this Lease as a result of an uncured Event of Default under this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided for in this Section 36.A Article 28 shall be non-personal to the original tenant hereunder (i.e., Dexcom, Inc.) (“Original Tenant”) and any Affiliate of Original Tenant, and shall not be transferable (except with respect to a Permitted Transferee) any other party unless otherwise agreed to by Landlord in writing in its writing. Upon the termination of Tenant's signage rights under this Article 28, Tenant shall remove any of Tenant's Signage at Tenant's sole discretioncost and expense, and repair and restore to good condition the areas of the Building on which the signage was located or that were otherwise affected by such signage or the removal thereof (including, without limitation, patching any holes or other penetrations caused by such signage and otherwise restoring the Building to the condition existing prior to the initial installation of such signage), or at Landlord's election, Landlord may perform any such removal and/or repair and restoration and Tenant shall pay Landlord the reasonable cost thereof within thirty (30) days after Landlord's written demand.
Appears in 1 contract
Sources: Lease (Dexcom Inc)
Building Signage. 1. So long as no monetary default exists under this Lease and provided Tenant (but not a sublessee or assignee of Tenant) occupies at least 76,965 square feet of Rentable Area in the Building, Tenant shall be entitled have the right, at Tenant's sole cost and expense, to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located place two signs (the “Building "Upper Fascia Signage”). The exact location ") on the upper fascia of the Building (one on the north side of the Building and one on the south side of the Building), which Upper Fascia Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s 's prior written approval, approval (which approval shall not be unreasonably withheld, conditioned withheld or delayed). Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building The Upper Fascia Signage shall be subject to Landlord’s prior written approval; the Exterior Signage Guidelines attached to this Lease as Exhibit "L" and (d) Tenant shall maintain made a part hereof for all purposes and the Building location of the Upper Fascia Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right limited to the Building Signage may be revoked and terminated upon occurrence of any of Sign Field (herein so called) identified in the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2drawings attached to Exhibit "L" as Attachment 1. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause or in the Building event Tenant otherwise is not entitled to maintain the Upper Fascia Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this LeaseSection 55, without Tenant shall, at Tenant's sole cost and expense, remove the Upper Fascia Signage and shall repair any damage to the Building caused by such removal. In addition, prior to installing or removing any signage on the exterior of the Building, Tenant shall cooperate with Landlord and Landlord's engineer and/or contractor to ensure that the installation or removal of such signage will not damage the exterior of the Building. Tenant further notice hereby agrees to indemnify, defend and hold harmless Landlord from Landlord notwithstanding damage caused to the Building as a result of Tenant's installation, removal, maintenance, repair or replacement of any exterior signage as provided in this Section 55. Notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A set forth herein, the Upper Fascia Signage shall be non-transferable (except limited to the word "CapRock" and otherwise shall be consistent with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionthe Exterior Signage Guidelines.
Appears in 1 contract
Sources: Office Lease Agreement (Caprock Communications Corp)
Building Signage. 1. For so long as (i) Tenant has not assigned this Lease, except to a Permitted Transferee, and (ii) Tenant, itself, and/or any Permitted Transferee is then occupying at least 75% (and has not subleased more than 25%) of the aggregate rentable square footage of the Phase I Premises and the Phase II Premises, collectively (collectively, the “Signage Conditions”), Tenant shall be entitled permitted, at Tenant’s sole cost and expense, to the greater of: (i) erect one (1) exclusive tenant identification exterior sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building SignageFaçade Signs”). The exact location ) on the façade of the Building Signage containing Tenant’s name and/or logo. Location and dimensions of such Façade Signs are substantially as shown on Exhibit N attached hereto. The design, materials, proportions, method of installation, and color of the Façade Sign shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City prior approval of San Mateo and to any other public authorities having jurisdiction and shall obtain written Landlord, such approval from Landlord (not to be unreasonably withheld, conditioned or delayed. In addition, the Façade Sign shall be subject to (a) and, if applicable, each such jurisdiction prior to installation, the requirements of the Zoning By-Law of the City of Waltham and shall comply with all any other applicable Laws; laws and ordinances and (b) Tenant shall, obtaining all necessary permits and approvals therefor. Any electricity required in connection with the Façade Sign shall be at Tenant’s sole cost and expense, design, construct . Tenant acknowledges and install agrees that Tenant’s right to corporate signage on the Building Signage; (c) pursuant to this Section is not on an exclusive basis and that Landlord may grant others the sizeright to signage elsewhere on the Building and/or Office Park. The installation, color replacement, removal and design restoration after removal of the Building Signage Façade Sign shall be subject performed at Tenant’s sole cost and expense in accordance with the provisions of this Lease applicable to Landlord’s prior written approval; and alterations (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall includeincluding, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building SignageSection 5.12 hereof). Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display (i) within thirty (30) days after the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence date on which there occurs a failure of any of the following events: (i) Signage Conditions and Landlord notifies Tenant shall be in default under this Lease beyond any applicable notice and cure periods; to remove the Façade Sign or (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon immediately upon the expiration or earlier termination of this Lease or the Term of the Lease, Tenant shall, at such other time that Tenant’s signage rights are terminated cost and expense, remove the Façade Sign and repair and restore any damage to the Building caused by the installation and/or removal of the Façade Sign. The right to the Façade Sign granted pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored Section 9.31 is personal to the condition which existed prior to the installation originally-named Tenant (including any Permitted Transferee) hereunder, and may not be exercised by any occupant, subtenant, or other assignee of the Building Signage (includingTenant, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to other than a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 1 contract
Sources: Lease Agreement (Allovir, Inc.)
Building Signage. 1. Tenant shall be entitled to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) At Tenant’s pro rata share election, Tenant may install a new blade sign on the exterior of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located displaying Tenant’s name and logo horizontally (the “Building SignageNew Sign”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: :
(a1) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheldThe size, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expensecolor, design, construct materials, and install the Building Signage; (c) the size, color and design location of the Building Signage New Sign shall be subject to Landlord’s prior written reasonable approval; ;
(2) The New Sign shall be fabricated and installed in accordance with the plans approved by Landlord in writing (and all wires, transformers, ballasts and other equipment shall be fully concealed from view, within the sign cabinet or otherwise), and the methods of installation shall be approved by Landlord in writing, and Tenant shall promptly reimburse Landlord for any third party costs reasonably incurred by Landlord’s in reviewing the plans or installation methods;
(3) Tenant shall at all times maintains adequate liability insurance with respect all exterior signage installed by Tenant, and property insurance covering the full guaranteed replacement cost thereof, assumes all risks with respect to New Sign, and, to the greatest extent permitted by applicable law: (i) agrees that Landlord shall not be responsible or liable with respect thereto, (ii) waives and releases any and all claims against Landlord with respect thereto, and (diii) agrees to indemnify, hold harmless, protect and defend Landlord against any and all claims or liabilities arising with respect thereto or in connection therewith;
(4) Tenant shall obtain, maintain in force, and comply with any and all conditions and requirements of, all permits and other sorts of governmental consents or approvals, and in all respects comply with all applicable codes, ordinances, laws, rules, regulations, orders, and other sorts of governmental requirements, as may be required in connection with the fabrication, installation, maintenance, removal and disposal of the New Sign;
(5) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall includeNew Sign (including, without limitation, cleaning andits illumination system) at all times in good, safe and attractive condition and repair;
(6) Tenant shall remove the New Sign prior to the expiration of the Lease Term (and Tenant shall remove the New Sign promptly upon, and in all events within 20 days after, Landlord’s request, if Tenant does not actually use and occupy at least fifty percent (50%) of the Premises initially leased hereunder to conduct business as “Advent Software” or the business of an Affiliate Transferee or in the event of any uncured Event of Default by Tenant under the Lease) (or, at Landlord’s election, Landlord shall have the right to remove such signage at Tenant’s expense, and Tenant shall reimburse Landlord costs thereof reasonably incurred by Landlord within thirty (30) days after demand);
(7) Tenant shall promptly repair any damage to the Building Signage is illuminatedcaused as a result of such signage, relamping including, without limitation, the installation or removal thereof (or, at reasonable intervals. Landlord’s election, Landlord shall have the right to perform such repair at Tenant’s expense, and Tenant shall reimburse Landlord for the cost thereof within thirty (30) days after demand); and
(8) Landlord shall have the right temporarily to remove or relocate the New Sign as may be responsible for any electrical energy used necessary in connection with the Building Signage. Notwithstanding the foregoingany maintenance, Tenant shall not be liable for any fee in connection with repair or restoration work Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant exterior signage shall be in default under exclusive to Tenant during the period commencing on the Commencement Date and ending on the first date that Tenant leases less than 92,000 square feet of space pursuant to this Lease beyond any applicable notice (the “Special Occupancy Level Reduction Date”), and cure periods; (ii) Tenant leases or occupies less than 75% the exclusive nature of the Premises, or (iii) this Lease such right shall terminate or otherwise no longer be in effectforever on the Special Occupancy Level Reduction Date.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 1 contract
Building Signage. 1. Subject to the terms and conditions set forth in this Article 33, Tenant shall be entitled have the right, at Tenant's sole cost and expense and without any additional rent or consideration for such right, to the greater of: (i) install one (1I) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of identifying Tenant on the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location side of the Building Signage that is parallel with Folsom Street as depicted on Exhibit G-I ("Tenant's Building Sign"), to the extent permitted by Applicable Laws and at a height that is in no event higher than one hundred (100) feet. Landlord shall be determined by Tenant, subject not grant any rights to all applicable Laws, any reasonable install signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of on the Building ("Building Signage") in the location reserved for Tenant pursuant to the foregoing sentence so long as Tenant's rights have not terminated pursuant to Section 33.8. To the extent not depicted on Exhibit G-I, and Landlord’s prior written approval, which approval Landlord shall not be unreasonably withheld, conditioned or delayed. Such have the right to approve the material, typeface, graphic format, proportions, precise location, size, content, design of Tenant's Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written Sign, such approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and. Landlord shall also have the right to reasonably approve the location of all penetrations and runs, if applicable, each such jurisdiction prior to installationcabling installations, and shall comply with all applicable Laws; (b) Tenant shall, at means of affixing or mounting Tenant’s sole cost and expense, design, construct and install 's Building Sign to the Building. Any electrical power required for Tenant's Building Signage; (c) the size, color and design of the Building Signage Sign shall be subject charged to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs federal, state and expenses local taxes applicable to Tenant's Building Sign. Tenant assumes all liability and risks relating to damage to Tenant's Building Sign from any cause whatsoever, except to the extent caused by the gross negligence or willful misconduct of Landlord. If Tenant's Building Sign substantially conforms with Exhibit G-I and is in compliance with all Applicable Laws, Landlord shall approve Tenant's Building Sign. Landlord has advised Tenant that Landlord has executed a letter of intent with a third party to lease premises within the.Building which includes terms providing for the right to install an exterior sign on the side of the Building that is parallel with Third Street in the location shown on Exhibit 0-2. If no lease is executed between Landlord and such removal and restoration third party within fifteen one hundred eighty (15180) business days following delivery after the Lease Date, Landlord shall so notify Tenant. Within ten (10) days after receipt of an invoice therefor accompanied by reasonable supporting documentationsuch notice, Tenant shall have the right to elect to change the location of Tenant's Building Sign to the side of the Building that is parallel with Third Street as depicted on Exhibit 0-2. The rights provided in this Section 36.A Upon Tenant's election to change the location of Tenant's Building Sign, all references herein to Tenant's Building Sign shall be nondeemed to refer to the sign as depicted on Exhibit 0-transferable (except 2, all references to Exhibit 0-1 shall be deemed to refer to Exhibit 0-2, and Tenant shall have no rights to install the sign depicted on Exhibit 0-1. If Tenant does not elect to change the location of Tenant's Building Sign, then Tenant's right to install Tenant's Building Sign on the side of the Building that is parallel with respect Third Street shall lapse and Tenant shall have no rights to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretioninstall any sign on the side of the Building that is parallel with Third Street.
Appears in 1 contract
Building Signage. 1. Tenant shall, at Tenant's sole cost and expense, have the right to place exterior signage (the "Lower Fascia Signage") on the lower fascia (i.e., between the 2nd and 3rd floors) of the Building, which Lower Fascia Signage shall be entitled subject to Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed). In addition, in the greater of: event that and at such time as (i) one ninety-five percent (195%) exclusive tenant identification sign per of the Rentable Area of the Building that does not to exceed 75 square feetis leased, or (ii) Tenant’s pro rata share 's annual Base Rental obligation under this Lease exceeds the annual base rental payable by each of the maximum other tenants in the Building, and (iii) no other Superior Tenant (hereinafter defined) in the Building has exercised a right to place exterior signage permitted by applicable Laws that is allocated to on the parcel on which upper fascia located at the Building is located (the “Building Signage”). The exact location top of the Building (the "Upper Fascia"), then Tenant shall have the right, at Tenant's sole cost and expense, to place signage (the "Upper Fascia Signage") on the Upper Fascia of Building, which Upper Fascia Signage shall be determined by Tenant, subject to Landlord's prior written approval (which approval shall not be unreasonably withheld or delayed). Notwithstanding the foregoing, Tenant's right to erect the Upper Fascia Signage shall at all applicable Laws, times remain subordinate to any reasonable signage guidelines for the Project established by rights Landlord that are provided may grant to Tenant prior to installation any tenant of the Building which (a) occupies the entire 10th floor of the Building or (b) now or in the future has an annual base rental obligation with respect to the Building which exceeds the annual Base Rental payable by Tenant hereunder (individually a "Superior Tenant" and collectively, the "Superior Tenants"). If the foregoing conditions have been satisfied and Tenant elects to erect the Upper Fascia Signage, Tenant shall, at Tenant's sole cost and expense, remove the Lower Fascia Signage and shall promptly repair any damage to the Building caused by such removal. Notwithstanding anything to the contrary set forth herein, in the event Tenant erects the Upper Fascia Signage and any Superior Tenant desires to exercise its right to erect signage on the Upper Fascia, Tenant shall remove such Upper Fascia Signage from the Building at Tenant's sole cost and expense within fifteen (15) days after receipt of notice thereof (and shall promptly repair any damage to the Building caused by such removal). In such event, Tenant may once again erect the Lower Fascia Signage at Tenant's sole cost and expense which Lower Fascia Signage shall once again be subject to Landlord's prior written approval (which approval shall not be unreasonably withheld). Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenant's sole cost and expense, remove the Lower Fascia Signage or the Upper Fascia Signage, as the case may be, and shall promptly repair any damage to the Building caused by such removal. In addition, prior to installing or removing any signage on the exterior of the Building, Tenant shall cooperate with Landlord and Landlord’s 's engineer and/or contractor to ensure that the installation or removal of such signage will not damage the exterior of the Building. Tenant further hereby agrees to indemnify, defend and hold harmless Landlord from damage caused to the Building as a result of Tenant's installation, removal, maintenance, repair or replacement of any exterior signage as provided in this Section 55. Notwithstanding anything to the contrary set forth herein, the Lower Fascia Signage or the Upper Fascia Signage, as the case may be, shall be limited to the word "CapRock" and otherwise shall be of a size, design, location and color reasonably acceptable to Landlord. Notwithstanding anything to the contrary set forth herein, in the event Landlord elects to erect a monument sign (a "Monument Sign") on the Property which identifies any tenants of the Building, Tenant, at Tenant's sole cost and expense, shall have the right to place Tenant's name and/or logo on such Monument Sign; provided, however, the size and design of Tenant's portion of the Monument Sign shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right ; provided further that the size of Tenant's portion of the Monument Sign shall be generally consistent with the relationship which the square footage of Rentable Area then being occupied by Tenant bears to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design square footage of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effectentire Building.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 1 contract
Sources: Office Lease Agreement (Caprock Communications Corp)
Building Signage. 1. (a) So long as Tenant shall be entitled to the greater of: Named Herein is in actual occupancy of at least sixty-eight thousand thirty-five (i68,035) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which RSF above-grade office space in the Building is located (the “Building SignageSignage Threshold”). The exact location of , Tenant shall have the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant construct, install and is subject to thereafter maintain, all at Tenant’s sole cost and expense, the following terms and conditionssignage which is reasonably acceptable to Landlord in a location to be reasonably designated by Landlord: (a) Tenant shall submit plans and drawings for Building standard signage on the exterior to the ground floor lobby of the Building Signage to Landlord (the “Lobby”) and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Building standard signage in the Lobby (collectively, “Exterior Signage”), provided that the location, size and appearance of the Exterior Signage shall be substantially in accordance with the specifications shown on Exhibit K attached hereto (or, if the Exterior Signage is not substantially in accordance with the specifications shown on Exhibit K attached hereto, then as otherwise approved by Landlord (taking into account, among other factors, the rights of the then existing tenants)). At such time as Tenant shallNamed Herein is in actual occupancy of less than the Signage Threshold, such Exterior Signage shall be removed by Tenant, at Tenant’s sole cost and expense, design, construct and install the Building Signage; promptly after notice from Landlord that such Signage Threshold is not satisfied by Tenant.
(cb) the size, color and design of the Building Signage The rights granted under this Section 9.21 shall be subject to the limitations contained in that certain lease by and between Landlord’s prior written approval; predecessor-in-interest and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except ▇▇▇▇▇▇▇▇▇ Will & ▇▇▇▇▇ LLP with respect to a Permitted Transfereecertain premises in the Building, which limitations provide, in relevant part, that no law firm erect, install or maintain any signage in, or visible from, the ground floor Building lobby or any signage on the exterior of, or visible from outside of, the Building. As used herein the term “law firm” shall mean any individual, partnership, limited liability partnership, limited liability company, corporation or other entity whose principal business is the practice of law.
(c) unless otherwise agreed by Landlord in writing in its sole discretionThe rights granted under this Section 9.21 shall be personal to Tenant Named Herein.
Appears in 1 contract
Building Signage. 1. A. Tenant shall be entitled to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not signage to exceed 75 square feet, or (ii) Tenant’s pro rata share be located on the exterior of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, Laws and Landlord’s prior written approval, which approval shall not to be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to any governmental body required to review or approve the City of San Mateo and to any other public authorities having jurisdiction same, and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, and each such jurisdiction prior to installation, and shall fully comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval, not to be unreasonably withheld, conditioned or delayed; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signagecleaning. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with TenantT▇▇▇▇▇’s right to display the Building Signage in accordance with this Lease. At Landlord’s optionAdditionally, Tenant’s Tenant shall have the right without the prior consent of Landlord to install and display signage within the Building Signage may be revoked Premises and terminated upon occurrence of any the ground floor lobby on all floors of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effectBuilding.
2. B. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding Landlord. Notwithstanding anything to the contrary contained in this Lease. , Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days 5 Business Days following delivery of an invoice therefor accompanied by reasonable supporting documentationtherefor. The rights provided in this Section 36.A Article 34 shall be non-transferable (transferable, except with respect to a Permitted Transferee) Transferee or unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 1 contract
Building Signage. 1. Subject to the provisions of this Exhibit F, Tenant shall be entitled allowed to display for the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) TenantLease Term Building-standard signage on the Project’s pro rata share top portion available of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located monument sign (one double sided panel) (the “Monument Signage”) as identified on Exhibit G. Tenant shall have the right to “building-top” identity signage (“Building Signage”). The exact location ) on top of the Building Signage shall be determined by Tenantfacing North West, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the The Building Signage may be revoked illuminated in order to be viewed at night so long as all costs and terminated upon occurrence expenses associated with causing Building systems and structures to support such illumination are at the sole cost and expense of Tenant. Tenant reserves the right to change the names on any of the following events: Tenant Signage (idefined below) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or so long as such change is otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause . The Monument Signage and the Building Signage shall hereafter be referred to be removed from as the Building “Tenant Signage.” The Tenant Signage shall (A) comply with all governmental laws, regulations, rules, codes and ordinances pertaining thereto, (B) comply with all provisions of this Lease, (C) have received the prior approval of all appropriate governmental bodies, including required permits, (D) have received the prior written reasonable approval of Landlord as to all aspects of the Tenant Signage, including, without limitation, design and location thereof, and (E) conform to Landlord’s reasonable signage criteria for the Project. All costs and expenses relating to the Tenant Signage, including without limitation, (i) the cost of the initial installation of or any changes to the Tenant Signage, (ii) the costs of obtaining permits and approvals, (iii) the costs for the construction, maintenance, repair and replacement of the Tenant Signage, (iv) the cost for the maintenance of the Tenant Signage and any electrical consumption for illuminating the Tenant Signage, if any, and (v) the costs associated with the removal of the Tenant Signage and the Building restoration of the area required due to be repaired and restored such removal, including, but not limited to, costs associated with the restoration of landscaping damaged by removal of Tenant Signage, to the condition which existed existing prior to the installation of the Building Signage (includingTenant Signage, if necessary, the replacement of any precast concrete panels), all shall be at the sole cost and expense of Tenant. Landlord and Tenant agree that Tenant Signage set forth in Exhibit G has been approved by Landlord and otherwise it is in accordance compliance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this LeaseLandlord’s sign criteria. Tenant shall pay to Landlord, within thirty (30) days following written demand any and all such costs and expenses (except for such removal costs payable directly by Tenant to any governmental entity). After the Term or the expiration or earlier termination of this Lease, Landlord may elect, upon ten (10) days written notice to Tenant, to repair, maintain, replace and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentationremove the Tenant Signage at Tenant’s cost. The Tenant Signage shall at all times during the term hereof be maintained in working, first-class condition. The signage rights provided granted in this Section 36.A Exhibit F, are personal to Tenant and a Permitted Transferee and may not be transferred by Tenant to any other person or entity. If Tenant shall be non-transferable (except with respect assign this Lease, sublet the entire Premises or otherwise Transfer any interest of Tenant in this Lease or the Premises to anyone other than a Permitted Transferee) unless otherwise agreed by , or attempt to transfer any signage right to a sublessee of less than the entire Premises or attempt to transfer any signage right in violation of this Lease, then the rights granted Tenant under this Exhibit F shall terminate and Landlord in writing in its sole discretionshall have the right to immediately remove the Tenant Signage and restore the signs as hereinabove provided.
Appears in 1 contract
Sources: Office Lease (Skechers Usa Inc)
Building Signage. 1. Tenant shall be entitled Subject to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned conditioned, or delayed, Tenant shall be permitted to install, at Tenant’s sole cost and expense, building top signage which includes Tenant’s name and or logo (the “Building Signage”) in the location on the Building generally depicted on Exhibit F attached hereto. Such right The Building Signage shall comply with the applicable sign ordinances of the City of Thousand Oaks (the “City”), and Tenant shall obtain a sign permit from the City prior to the installation of the signage. Installation of the Building Signage is personal must occur, if at all, within twelve (12) months of the Commencement Date. The exact location and design of such signage shall be agreed upon prior to Tenant such installation and is subject to shall be subsequently made a part of this Lease. Notwithstanding the following terms and conditions: (a) foregoing, in the event that landscaping or any other item planted or installed after the date of the Lease obstructs Tenant’s Building Signage, Tenant shall submit plans have the right anytime during the Term to relocate, at Landlord’s sole cost and drawings for expense, the Building Signage to Landlord a location reasonably approved by Landlord. Any such relocation shall be in compliance with applicable City sign ordinances and to Tenant shall obtain, at Landlord’s expense, a sign permit from the City prior to installation of San Mateo and to the new signage; provided, however, that if the City or any other public authorities having jurisdiction and shall obtain written approval from third party not controlled by Landlord (not required the obstruction to be unreasonably withheldplanted or installed, conditioned then the cost to relocate the Building Signage and obtain any required permits shall be at Tenant’s sole cost and expense. Upon the termination of the Lease or delayed) andvacating of the Premises by Tenant (including Tenant’s sublease of the entire Premises), if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and restore the Building to its prior condition. Prohibited Signage and Other Items. Any signs, notices, logos, pictures, names or advertisements which are installed and that have not been individually approved by Landlord may be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all removed without notice by Landlord at the sole cost and expense of Tenant and otherwise in accordance with this LeaseTenant. Any signs, without further notice window coverings, or blinds (even if the same are located behind the Landlord approved window coverings for the Building), or other items visible from Landlord notwithstanding anything the exterior of the Premises or Building are subject to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery prior written approval of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing Landlord, in its sole discretion.
Appears in 1 contract
Sources: Office Lease (Tekelec)
Building Signage. 1. (i) So long as Tenant (or a Permitted Transferee) leases the entire Premises originally described herein, (i) Tenant shall be entitled to two (2) signs to be located on the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share exterior of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (collectively, the “Building Signage”), as depicted on Exhibit I attached hereto, and (ii) no other tenants of the Building (other than any retail tenants of the Building) shall be entitled to exterior Building signage. The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, laws and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, provided that the location does not detract from the first-class quality of the Building. Such right to the Building Signage is personal to Tenant and any Permitted Transferee that is an assignee of the Lease and is otherwise non-transferable (except as otherwise expressly provided in Paragraph 35.E(ii) below) and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo Francisco, California and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall fully comply with all applicable Lawslaws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval, which Landlord shall have the right to withhold in its reasonable discretion; (d) the Building Signage shall comply with Landlord’s Building signage standards and the Building’s signage program; and (de) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Landlord hereby approves Tenant’s proposed Building Signage, as shown on Exhibit I-1. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Leaseif applicable. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (iA) Tenant shall be in default under this Lease beyond any applicable notice cure period and cure periodssuch default remains uncured for sixty (60) days; (iiB) Tenant leases or occupies less than 75% of the Premises, entire Premises originally described herein; or (iiiC) this Lease shall terminate or otherwise no longer be in effect.
2. (ii) Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panelspanels made of metal or any other material), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen ten (1510) business days following delivery of an invoice therefor accompanied by reasonable supporting documentationtherefor. The rights provided in this Section 36.A Paragraph 35.E shall be personal to Tenant and any Permitted Transferee that is an assignee of the Lease and is otherwise non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion; provided, however, that Landlord will not unreasonably withhold consent to the transfer of Tenant’s rights under this Paragraph 35.E in connection with an assignment of this Lease by Tenant to an assignee approved by Landlord pursuant to Paragraph 28.D above; provided further that it shall be reasonable for Landlord to withhold its consent to any such transfer of Tenant’s signage rights hereunder if Landlord reasonably determines that any such assignee is not compatible with the reputation of the Landlord or any of its affiliates.
Appears in 1 contract
Sources: Office Lease (Asana, Inc.)
Building Signage. 1On the terms that are in compliance with Laws, Tenant may designate and thereafter construct and install up to three (3) signs (or such lesser number permitted by the applicable Laws) containing its name and logo to be located on the exterior facade of the Building in the place so designated by Tenant as aforesaid ("BUILDING SIGNAGE"). Tenant Except for that portion of the exterior of the Building below the third floor thereof, Landlord shall not allow any other signage, except the Building Signage, to be entitled located on the exterior of the Building Notwithstanding the foregoing, the size, shape, visibility, text, name, script, manner of illumination and affixing to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s 's prior written approval, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Such right to During the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shallTerm, at Tenant’s 's sole cost and expense, designand subject to Landlord's prior written approval, construct which approval shall not be unreasonably withheld or delayed. Tenant may change the name or logo of the Building Signage to reflect changes in Tenant's name and install logo. No sublessee of all or any of Tenant's rights under this Lease shall have any rights in or to the Building Signage; (c) . The cost of constructing and affixing the sizeBuilding Signage on or prior to the Commencement Date may, color at Tenant's election, be paid solely by Tenant or, to the extent there is available Initial Allowance applicable therefor. be paid by Landlord as part of the Initial Allowance. At Tenant's sole cost and design of expense. the Building Signage shall be subject to Landlord’s prior written approval; removed from the Building at the end or earlier expiration of the Term and (d) Tenant shall maintain repair any damage to the Building Signage in good condition caused by the affixing and repair, and all costs removal thereof to the reasonable satisfaction of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building SignageLandlord. Notwithstanding the foregoing, Landlord acknowledges that the removal of the Building Signage may leave a "shadow" on the Building, which "shadow" Tenant shall not be liable for any fee required to eliminate. For purposes of Tenant's obligation of repair and maintenance set forth in connection with Tenant’s right to display Section 72 hereof, the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% deemed a part of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 1 contract
Sources: Lease Agreement (Sm&a Corp)
Building Signage. 1. During the Term (as the same may be extended), so long as Tenant is Leasing the Premises as initially described in the Lease, Tenant shall be entitled have the exclusive right to the greater of: (i) one (1) exclusive tenant identification sign all exterior Building signage as may per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by the applicable Laws that is allocated to authorities, including the parcel on which the Building is located City of Milpitas, California (the “Building Signage”“). The exact location of the Any such Building Signage shall be determined by Tenant, (i) subject to all applicable Lawsgovernmental requirements for any separate signage application, any reasonable signage guidelines for (ii) subject to review and approval by Landlord, including the Project established by Landlord that are provided location, size, quality, design, material, color, lighting, method of attachment to Tenant prior to installation the Building and all other aspects of the proposed Building Signage, and (iii) shall only be installed after Tenant obtains Landlord’s written approval and all necessary permits and approvals from the applicable authorities, including the City of Milpitas, California, and (iv) shall be installed and maintained in a first class condition at Tenant’s sole cost and expense (including, without limitation, the cost of obtaining all permits and other governmental approval). Prior to submitting a formal request for approval of any Building Signage, Tenant may submit to Landlord preliminary or concept drawings of the proposed Building Signage. Promptly after Landlord receives such drawings, Landlord agrees to meet with Tenant to review Tenant’s preliminary information concerning the Building Sign and to discuss any changes which Landlord in good faith requires to the proposed Building Sign for Landlord’s approval. The Building Signage shall not be illuminated without the prior written approval, consent of Landlord which approval consent shall not be unreasonably withheld, conditioned or delayed. Such right to Throughout the Building Signage is personal to Tenant and is subject to Term (as the following terms and conditions: (asame may be extended) Tenant shall submit plans and drawings for the not make any material change or changes to any Building Signage to without the prior written consent of Landlord, which Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to may withhold in Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervalsdiscretion. Tenant shall be responsible for all costs and expenses of any electrical energy used in connection with Building Signage, including costs and expenses of construction, installation and maintenance of the Building Signage. Notwithstanding , processing governmental applications, and obtaining any permits, damage to the foregoingBuilding Signage, Tenant shall not be liable for any fee in connection with Tenant’s right to display damage caused by the Building Signage, and removal of the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to at the Building Signage may be revoked and terminated upon occurrence of any expiration or termination of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2Lease. Upon the expiration or earlier termination of this the Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to shall (a) remove the Building Signage from the Building, (b) repair any damage resulting from the installation, use and repair removal of the Building in accordance with the terms of this LeaseSignage, Landlord shall cause and (c) restore the Building Signage to be removed from the Building and the Building to be repaired and restored facade to the condition which existed existing prior to the installation of the Building Signage (includingcollectively, if necessary, the replacement of any precast concrete panels“Tenant’s Removal Obligations“), all at the sole cost and expense of . If Tenant and otherwise fails to comply with Tenant’s Removal Obligations in accordance with this Leasethe foregoing, without further notice from then Landlord notwithstanding anything shall have the right to do so at Tenant’s expense, and Tenant agrees to pay to Landlord the contrary contained in this Lease. Tenant shall pay all reasonable costs and expenses for of such removal removal, repair and restoration within fifteen thirty (1530) business days following delivery after Tenant’s receipt of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretioninvoices therefor.
Appears in 1 contract
Sources: Lease Agreement (FireEye, Inc.)
Building Signage. 1. Tenant shall be entitled to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant Subject to the terms hereof, if Applicable Laws, and any Underlying Documents recorded against the Project as of the date of this Lease or as otherwise approved by Tenant fails pursuant to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord Tenant shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (includingentitled, if necessary, the replacement of any precast concrete panels), all at the its sole cost and expense expense, to exclusive multiple location identification signage (collectively, the “Building Signage”) anywhere on the exterior of Building 1 and Building 2 as desired by Tenant, with the exact locations to be subject to Landlord’s reasonable approval (provided that Landlord hereby approves the locations designated on Exhibit F, attached hereto, and the signage locations set forth in the Playa Capital Sublease), Applicable Laws and Underlying Documents recorded against the Project as of the date of this Lease or as otherwise approved by Tenant and otherwise pursuant to the terms of this Lease. Except to the extent required by Applicable Law, no signage other than Tenant’s Building Signage shall be allowed on the Buildings, provided that the foregoing shall not alter or limit Landlord’s rights, as set forth in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transfereethe Building 3 Monument. Landlord hereby pre-approves the following types of Building Signage: electronic imaging (including multi-story), projection of signage onto the Buildings (including during special events), “bus wrap” signage, and “jumbotron” type signage, provided that the foregoing approval shall not alter or limit (i) unless Tenant’s obligations to comply with the terms of this Article 23, Applicable Laws and Underlying Documents recorded against the Project as of the date of this Lease or as otherwise agreed approved by Landlord in writing in its sole discretionTenant pursuant to the terms of this Lease, and (ii) Tenant’s obligation to obtain Landlord’s reasonable approval of all specifications of any particular Building Sign to be installed by Tenant.
Appears in 1 contract
Sources: Office Lease (Electronic Arts Inc)
Building Signage. 1. Tenant shall be entitled allowed to install, at their sole cost and expense, signage on the building fascia in accordance with the Redwood Business Park Sign Guidelines. [FLOOR PLAN APPEARS HERE] Exhibit A Floor Plan [SITE PLAN APPEARS HERE] Exhibit A-1 Site Plan EXHIBIT B --------- WORK LETTER AGREEMENT THIS WORK LETTER AGREEMENT supplements that certain Lease dated April 22, -------- 1998 ("Lease"), executed by G & W/▇▇▇▇▇▇ Redwood Business Park, L.P., a limited ---- partnership, as Landlord, and Fiberlane Communications, a Delaware corporation as Tenant. All capitalized terms not otherwise defined herein shall have the same meaning as those capitalized terms contained in the Lease.
1. Landlord shall be responsible for constructing within the Premises the tenant improvements ("Tenant Improvements") described in the preliminary space plan attached hereto as Exhibit B-1 ("Preliminary Space Plan"). The Tenant Improvements for the Premises will be more particularly described in the plans and construction drawings ("Construction Drawings") as approved below. Any additional work ("Tenant Extra Improvements") required under the approved Construction Drawings shall be at Tenant's expense.
2. Landlord and Tenant shall diligently finalize the Preliminary Space Plan for construction of the Tenant Improvements and Tenant Extra Improvements so that, within thirty (30) days after execution of the Lease, Landlord can provide Tenant with the Construction Drawings. The Construction Drawings shall indicate the specific requirements of Tenant's lease space, outlining in detail interior partitions, floor coverings, a reflected ceiling plan, plumbing fixtures, and electrical plans (setting forth the electrical requirements of Tenant), all in conformity with the Preliminary Space Plan. The Construction Drawings shall include full energy calculations as required by the State of California and the city agencies.
3. Within three (3) days after receipt of the Construction Drawings, Tenant shall approve the drawings and/or request changes or modifications thereto. Any such request for changes or modifications shall be subject to Landlord's approval and, thereafter, the Construction Drawings shall be resubmitted for Tenant's approval in accordance with the preceding sentence. Tenant acknowledges that the Construction Drawings are subject to the greater of: approval of the appropriate government authorities. It shall be Tenant's responsibility to ensure that the design and function of the Tenant Improvements and Tenant Extra Improvements are suitable for Tenant's business and needs. The improvements shall be constructed in accordance with current building standards, laws, regulations, ordinances and codes. Landlord shall not be required to install any Tenant Improvements or Tenant Extra Improvements which do not conform to the Construction Drawings.
4. Landlord shall furnish and install the units and quantities of Tenant Improvements as set forth on Exhibit B-1. The Tenant Improvements to be paid by Landlord shall not exceed Four Hundred Seventy-six Thousand Nine Hundred Fifty Dollars ($476,950) ($25.00 per usable square foot) of lease space within the Premises and shall include:
(a) The costs of the Preliminary Space Plan (including one revision thereto) and final Construction Drawings and engineering costs associated with completion of the State of California energy utilization calculations under Title 24 legislation; and
(b) The costs of obtaining building permits and other necessary authorizations from the city, county and the State of California. Any additional units, quantities or costs of the Tenant Improvements required in accordance with the approved Construction Drawings shall be deemed Tenant Extra Improvements and shall be paid for by Tenant at the unit cost set forth in a summary of unit costs to be provided by Landlord.
5. In no event shall the Tenant Improvements payable by Landlord include (i) one the costs of procuring or installing any trade fixtures, equipment, furniture, furnishings, telephone or computer equipment or wiring or other personal property (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet"Personal Property"), or (ii) any Change Orders (as the term is defined in Paragraph 6 below). Such items shall be paid by Tenant’s pro rata share .
6. Following Tenant's approval of the maximum exterior signage permitted by applicable Laws that is allocated to Construction Drawings, Tenant may request changes or modifications thereto ("Change Order"), however, the parcel on which the Building is located (the “Building Signage”). The exact location cost of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (aChange Order(s) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance If Tenant shall request any Change Order, then Landlord shall promptly give Tenant a written estimate of (a) the cost of engineering and design services to prepare the Change Order, (b) the cost of work to be performed pursuant to the Change Order, and (c) the time delay expected because of such requested Change Order. Within three (3) days after Tenant's receipt of the written estimate, Tenant shall notify Landlord in writing whether it approves the written estimate. If Tenant approves the written estimate, then Tenant shall accompany its approval with a check made payable to Landlord in the amount of the estimated cost of the Change Order. Upon Landlord's completion of the Change Order and submission of the final cost thereof to Tenant, Tenant shall promptly pay to Landlord any additional amounts incurred in excess of the written estimate. If such written authorization and check are not received by Landlord, then Landlord shall not be obligated to commence work on the Premises and Tenant shall be chargeable for any delay in the completion of the Premises in accordance with Paragraph 7 below.
7. If the Commencement Date of the Lease has not occurred on or before the Estimated Commencement Date, and if the cause of the delay in the occurrence of the Commencement Date is attributable to Tenant, then the Lease shall begin on the date the Commencement Date otherwise would have occurred but for the Tenant delays. Delays attributable to Tenant ("Tenant Delays") shall include, without limitation, cleaning andthose caused by (a) delays by Tenant in approving the Construction Drawings and costs, if (b) Tenant's request for special materials not available when needed for construction in accordance with the Building Signage is illuminatedconstruction schedule, relamping at reasonable intervals(c) Change Orders, and (d) interference with Landlord's work caused by Tenant or Tenant's agents. All costs and expenses occasioned by a Tenant Delay, including, without limitation, increases in labor or materials, shall be borne by Tenant.
8. Tenant may, with Landlord's written consent, enter the Premises prior to the Commencement Date solely for the purpose of installing its Personal Property as long as such entry will not interfere with the orderly construction and completion of the Premises ("Tenant's Work"). Tenant shall notify Landlord of its desired time(s) of entry and shall submit for Landlord's written approval the scope of the Tenant's Work to be responsible performed and the name(s) of the contractor(s) who will perform such work. Tenant agrees to indemnify, defend and hold harmless Landlord, any mortgagee, ground lessor or beneficiary of a deed of trust encumbering, secured by or affecting the Premises or the Building, from and against any and all claims, actions, losses, liabilities, damages, costs or expenses (including, without limitation, reasonable attorneys' fees and claims for worker's compensation) of any electrical energy used nature whatsoever, arising out of or in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage 's Work (including, if necessarywithout limitation, the replacement claims for breach of any precast concrete panelswarranty, personal injury or property damage), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 1 contract
Sources: Full Service Lease (Cerent Corp)
Building Signage. 1. So long as this Lease is in full force and effect and (a) Tenant is not in Default under Section 11.01(i) of this Lease, and (b) Landlord has not terminated Tenant’s right of possession of the Premises pursuant to Section 11.02(a) of this Lease following a Default, Tenant shall be entitled have the right to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feetstandard directory signage, or (ii) Tenant’s pro rata share Building standard suite entry signage, (iii) elevator button signage in each passenger elevator for any floor in the Building in which Tenant occupies or leases the entire floor, (iv) exclusive exterior building signage, which shall be for two signs identifying Tenant and/or one of its Affiliates, one each on two different façades of the maximum exterior signage permitted by Building, subject to compliance with all applicable Laws that is allocated to the parcel on which the Building is located (the “Building Exterior Signage”). The exact location ) and (v) signage consisting of the top two (2) panels on the monument sign to be located at the front door entrance of the Building Signage shall be determined by Tenant(the “Monument Signage”) identifying Tenant and/or any of its Affiliates, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to following terms and conditions:
(a) The installation of Tenant’s signage, including the Building Monument Signage and Exterior Signage, shall be part of the TI Work under the Work Letter Agreement. The location, method of attachment, size, shape, height, color and general appearance of all signage, other than the Exterior Signage (which is addressed below), shall conform to the building standard graphics program and shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withhelddelayed, conditioned or delayed. Such right to withheld; provided, the Building Monument Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all the specifications attached hereto as Exhibit H as to materials and as to the location of Tenant’s sign panels (provided, any signage shown on such exhibit is for illustration purposes only and does not necessarily depict Tenant’s actual signage). The Exterior Signage shall be subject to applicable Laws; (b) Tenant shall. The exact location, at Tenant’s sole cost and expensemethod of attachment, designsize, construct and install the Building Signage; (c) the sizeshape, height, color and design general appearance of the Building Exterior Signage shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably delayed, conditioned or withheld; provided, (i) the general locations for the Exterior Signage shown on Exhibit H-1 attached hereto are hereby approved by Landlord, and (dii) to the extent the method of attachment, size, shape, height, color and/or specific appearance of the Exterior Signage is shown on Exhibit H-1 attached hereto, such method of attachment, size, shape, height, color and/or specific appearance is hereby approved by Landlord (provided, any signage shown on such exhibit is for illustration purposes only and does not necessarily depict Tenant’s actual signage in terms of design, size, shape, color, or otherwise). In the event of the construction of any improvements that interferes with the view corridor of the Exterior Signage on the southwest façade of the Building, Tenant shall have the option, at Tenant’s expense, to relocate such sign, provided that (i) Tenant shall maintain restore any portion of the Building affected by the relocated Exterior Signage in good to substantially the same condition existing prior to the installation of such Exterior Signage, normal wear and repairtear and casualty damage excepted, (ii) the relocated Exterior Signage must comply with applicable Laws, and all costs (iii) the exact location and method of maintenance and repair attachment of the relocated Exterior Signage shall be borne by subject to Landlord’s prior approval, which approval shall not be unreasonably delayed, conditioned or withheld. Landlord shall, at Tenant. Maintenance shall include’s request, without limitation, cleaning and, if the Building Signage is illuminated, relamping at cooperate in any reasonable intervals. manner to assist Tenant in seeking any permits or approvals for any Exterior Signage.
(b) Tenant shall be responsible for any electrical energy used in connection all costs and expenses associated with repairing and maintaining the Building Signage. Notwithstanding the foregoing, Exterior Signage and Tenant shall not be liable for promptly repair any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right damage to the Building resulting from such repairs and maintenance. In the event that Tenant fails to properly repair or maintain the Exterior Signage may be revoked or any damage to the Building resulting from such repairs and terminated maintenance, Landlord shall have the right, but not the obligation, to perform such work and Tenant shall, upon occurrence of any of the following events: thirty (i30) Tenant shall be in default under this Lease beyond any applicable days prior written notice from Landlord, reimburse Landlord for all costs and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effectexpenses incurred by Landlord to perform such work.
2. (c) Upon the expiration or earlier termination of this Lease or Lease, Tenant shall, at such other time that Tenant’s signage rights are terminated pursuant to the terms hereofexpense, if Tenant fails to promptly remove the Building Exterior Signage and repair restore any portion of the Building in accordance with affected by the terms of this Lease, Landlord shall cause the Building Exterior Signage to be removed from substantially the Building and the Building to be repaired and restored to the same condition which existed existing prior to the installation of the Building Signage Exterior Signage, normal wear and tear and casualty damage excepted.
(including, if necessary, the replacement d) If Landlord consents to any assignment or subletting of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything except for a transfer permitted pursuant to the contrary contained in Section 10.01(d) of this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The , Tenant’s rights provided in this Section 36.A shall be non-transferable (except with respect to the Exterior Signage and the Monument Signage shall be transferable or assignable to an assignee or subtenant, unless such assignee or subtenant (i) will lease less than 50,000 rentable square feet in the Building, or (ii) in Landlord’s commercially reasonable judgment, such assignee’s or subtenant’s name, logo or signage would be offensive or inconsistent with the character of a Permitted TransfereeClass A office building in the Westshore Business District, or would impair or adversely affect the image, reputation, or value of the Building.
(e) unless otherwise agreed Notwithstanding anything in the Lease to the contrary, (i) Landlord shall not permit any tenant of the Building (other than Tenant) or any other party to install exterior signage on the Building, and (ii) all of Tenant’s rights with respect to Exterior Signage shall, at Landlord’s option upon written notice to Tenant, terminate in the event the Premises ever contain less than 50,000 rentable square feet in the Building and, in such event, Tenant shall, at Tenant’s expense, promptly remove the Exterior Signage and restore any portion of the Building affected by the Exterior Signage to substantially the same condition existing prior to the installation of the Exterior Signage, normal wear and tear and casualty damage excepted. In addition, Tenant shall be entitled to the top two (2) panels on the Monument Signage, and Landlord in writing in its sole discretionwill not grant any other Building tenant the right, or allow any other Building tenant, to install signage on the Monument Signage that is located higher or is larger than that of Tenant.
Appears in 1 contract
Sources: Lease Agreement (PBSJ Corp /Fl/)
Building Signage. 1. Tenant shall be entitled In addition to the greater of: foregoing, Tenant may, at its sole cost and expense (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share as part of the maximum exterior signage permitted by Tenant Improvement Allowance) and subject at all times to applicable Laws that is allocated to and requisite governmental approvals, install the parcel business name of Tenant on which the Building is located parapet of either the South Tower or North Tower as selected by Tenant (the “Building Signage”). The exact location of Landlord shall approve in writing the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation final design and specifications of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such Landlord agrees to permit the Tenant to maintain the Building Signage for so long as no uncured Default has ever occurred under any term or provision contained in the Lease and no condition exists under the Lease and provided further, that Tenant has (i) continuously occupied a minimum of ninety percent (90%) of the originally leased Premises for the Permitted Use during the Term, as it may be extended, or (ii), if Tenant occupies a minimum of 60,000 rentable square feet of the originally leased Premises for the Permitted Use during the Term, as it may be extended, and is the largest current tenant in the Building. If any of the foregoing requirements are not met, Landlord shall be entitled to immediately remove, at the sole cost of Tenant, the Building Signage. Tenant shall, at its sole cost, remove the Building Signage on or before the expiration or sooner termination of this Lease or upon the early termination of Tenant’s right to occupy the Premises and repair any damage to the Building Signage is personal caused by such removal and shall restore the Building to Tenant and is subject to the following terms and conditions: its original condition (a) or, at Landlord’s option, Tenant shall submit plans pay to Landlord all of Landlord’s costs of such removal and drawings repair). Tenant shall be responsible for all electrical expenses incurred for the use of the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shallhave installed, at Tenant’s sole cost and expense, design, construct a separate meter to monitor such usage. The Building Signage set forth herein is personal to the named Tenant herein or to a Permitted Transferee and install is not transferable to any other assignee or subtenant. If a Permitted Transferee elects to modify the Building Signage; (c) the size, color and design of the Building Signage it shall be permitted to do so at its sole expense, subject to Landlord’s prior written approval; the conditions and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination requirements of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion12.
Appears in 1 contract
Building Signage. 1. Tenant shall be entitled to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feethave no right, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and without obtaining Landlord’s prior written approvalconsent, which approval to install any signage that is visible from the exterior of the Premises, except as set forth in this Section 16.32.
(A) Landlord shall not be unreasonably withheld, conditioned or delayed. Such right to provide building standard signage in the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings standard graphics for the Office Building Signage to Landlord listing Tenant’s name (i) on the primary directory(ies) for the Office Building and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayedii) and, if applicable, each in the elevator lobby of any multi-tenant floor on which any portion of the Premises is located. The initial listing of Tenant’s name shall be at Landlord’s expense. Any changes or additions to such jurisdiction prior to installation, and listings shall comply with all applicable Laws; (b) Tenant shall, be at Tenant’s sole cost and expense, design, construct and install the Building Signage; .
(cB) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right Subject to the Building provisions of this Section 16.32, so long as the original Tenant under this Lease (or a Permitted Assignee) satisfies the Signage may be revoked and terminated upon occurrence of any of the following events: Occupancy Threshold (as hereinafter defined), (i) Tenant shall be entitled to install and maintain signage identifying its name and logo (collectively, the “Tenant Signs”) in default the respective locations in the exterior area of the Office Building and in the main Office Building lobby all as shown on Exhibit F attached hereto (the “Tenant Signage Locations”). The “Signage Occupancy Threshold” means that (i) the original Tenant under this Lease beyond any applicable notice (or a Permitted Assignee) is leasing at least four (4) full floors in the Office Building, and cure periods; (ii) the original Tenant leases under this Lease (or occupies less than 75% a Permitted Assignee) is in occupancy of at least three (3) full floors in the Office Building. Landlord hereby approves the name and logo for the original Tenant as shown on the conceptual renderings attached as Exhibit F in the locations shown thereon, provided that (A) Landlord shall have the right to approve detailed installation specifications for Tenant Signs, and (B) Tenant shall have the right to change its logo on the Tenant Signs from time to time, with Landlord’s prior written consent, which consent shall not be unreasonably withheld. If Tenant ceases to satisfy the Signage Occupancy Threshold, then Tenant shall promptly remove the Tenant Signs from the exterior area of the Premises, Office Building and shall not have the right to re-install the Tenant Signs or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon install any other sign on the expiration or earlier termination exterior of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair during the Building in accordance with balance of the terms Term of this Lease, Landlord shall cause unless and until it satisfies the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionOccupancy Threshold.
Appears in 1 contract
Sources: Lease Agreement (Rapid7, Inc.)
Building Signage. Landlord shall provide Tenant, a sign consistent with the other signs on the project for full building users. Landlord shall also at Tenant's sole cost place a standard Tenant identification sign on the corner of Charleston Road and the entry driveway. The parties hereto have executed this Lease on the dates specified immediately adjacent to their respective signatures. LANDLORD: LANDMARK INVESTMENTS, LIMITED By: THRUST IV, INC., General Partner By: Date: ------------------------------------ ---------------------- ▇▇▇▇ ▇. ▇▇▇▇▇, President TENANT: ROGUE WAVE SOFTWARE, INC. By: Date: ------------------------------------ ---------------------- (SIGNATURE) ------------------------------------ Tax ID# -------------------- (PRINT NAME) (TITLE) [INDUSTRIAL MAP SHOWING BUILDING DESIGNATIONS] [1ST FLOOR BUILDING E DESIGN LAYOUT] [2ND FLOOR BUILDING E DESIGN LAYOUT] EXHIBIT B RULES AND REGULATIONS
1. Tenant shall be entitled to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feetKeys are issued, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenantin a reasonable number, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effectcharge.
2. Upon Access cards, used to open the expiration or earlier termination electronic lock of this Lease or at such other time that Tenant’s signage rights the front entry door of a particular building after normal business hours, are terminated assigned to individual people pursuant to a list submitted by Tenant to Landlord. A $15.00 deposit per card is charged upon issuance and refundable upon return. When a card holder is no longer entitled to a card (left employment, etc.) Tenant shall notify Landlord of a new holder, or if the terms hereofcard has been taken or lost. By so notifying Landlord, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to a particular card code can be removed from the Building authorized list, so that it no longer will activate the lock.
3. No sign or notice shall be displayed by Tenant outside of its office space without written consent of Landlord which may be unreasonably withheld. If approval is not given, Landlord shall have the right to remove such sign or notice without notice to and at expense of the Building to be repaired and restored Tenant. All signs on access doors to the condition which existed prior Premises shall be approved by Landlord. The original standard company sign on the main door to the installation of the Building Signage (includingPremises will be installed at Landlord's expense. Tenant may, if necessaryat its expense, the replacement of any precast concrete panels)install a different sign, all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice after written design approval by Landlord. Design criteria should be obtained from Landlord notwithstanding anything to the contrary contained in this Leaseadvance. Tenant shall pay all costs not place anything within the Premises which may appear unsightly from outside of the Premises. Tenant shall not install any curtains, blinds, shades, or screens on any windows or doors of the Premises without Landlord's consent which may be unreasonably withheld.
4. Sidewalks, halls, passages, exits, entrances, elevators, and expenses stairways shall not be obstructed by any of the tenants, or used by them for any purpose other than for ingress or egress from their respected offices.
5. Tenant shall not alter any lock or install any new or additional locks or bolts on any doors or windows without the written consent of Landlord. All such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied alterations shall be done by reasonable supporting documentationLandlord's agents at Tenant's cost.
6. The rights provided in this Section 36.A toilet rooms, urinals, wash bowls and other apparatus shall not be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionused for any purpose other than for which they were installed.
7. Tenant shall not overload the floor of the office
Appears in 1 contract
Building Signage. 1. 45.1 Tenant shall be entitled to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share be located on the exterior of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, Regulations and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. The Building Signage shall not be illuminated. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo Aliso Viejo, California and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (which approval shall not to be unreasonably withheld, conditioned or delayed) and, if applicable, from Landlord and each such jurisdiction prior to installation, and shall fully comply with all applicable LawsRegulations; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approvalapproval (which approval shall not be unreasonably withheld, conditioned or delayed); and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signagecleaning. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periodsperiod; (ii) Tenant leases or occupies less than 75% fifty percent (50%) of the Premises, ; or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. 45.2 Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the affected area(s) of the Building Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding Landlord. Notwithstanding anything to the contrary contained in this Lease. , Tenant shall pay all costs and expenses for such removal and restoration within fifteen thirty (1530) business days following delivery of an invoice therefor accompanied by reasonable supporting documentationtherefor. The rights provided in this Section 36.A Article 45 shall be non-transferable (except with respect to a Permitted TransfereeTransferee which is an assignee of the Lease and which has satisfied the requirements of Section 9.8 above) unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 1 contract
Sources: Lease (Ellipse Technologies Inc)
Building Signage. 1. 13.4.1 Effective as of the Substitution Effective Date, Tenant shall be entitled to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share be located on the top of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Lawsfederal, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signagestate and city laws, codes, ordinances, rules and regulations (collectively, “Regulations”) and Landlord’s 's prior written approval, which approval . The Building Signage shall not be unreasonably withheld, conditioned or delayedilluminated. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of South San Mateo Francisco and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, and each such jurisdiction prior to installation, and shall fully comply with all applicable LawsRegulations; (b) Tenant shall, at Tenant’s 's sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s 's prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signagecleaning. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s 's right to display the Building Signage in accordance with this the Lease. At Landlord’s 's option, Tenant’s 's right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this the Lease beyond any applicable notice and cure periodsperiod; (ii) Tenant leases or occupies less than 75% a full floor within the Building, (iii) Tenant subleases more than 8,000 rentable square feet of the Premises, Substitution Space; or (iii) this the Lease shall terminate or otherwise no longer be in effect.
2. 13.4.2 Upon the expiration or earlier termination of this the Lease or at such other time that Tenant’s 's signage rights are terminated pursuant to the terms hereof, if Tenant Tenant· fails to remove the Building Signage and repair the Building in accordance with the terms of this the Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this the Lease, without further notice from Landlord notwithstanding Landlord. Notwithstanding anything to the contrary contained in this the Lease. , Tenant shall pay all costs and expenses for such removal and restoration within fifteen five (155) business days following delivery of an invoice therefor accompanied by reasonable supporting documentationtherefor. The rights provided in this Section 36.A 13.3 shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 1 contract
Sources: Lease (Puma Biotechnology, Inc.)
Building Signage. 1. Tenant shall be entitled to have the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shallright, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; rules with respect to placement and (d) Tenant shall maintain size thereof, to install a sign on the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% exterior of the Premises, or along with a pro-rata share of signage on any curbside monument sign with respect to the Building (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon collectively, the expiration or earlier termination of this Lease or at such other time that “Tenant’s Building Signs”) provided, that (a) Tenant delivers to Landlord design specifications for such exterior signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage same; (including, if necessary, b) Tenant obtains all requisite approvals from all Governmental Authorities and any other third parties (including any property owner’s association) having approval rights under any one or more of the replacement Permitted Exceptions or any of any precast concrete panels)the Requirements that are applicable with respect to the Property and the Building, all at the Tenant’s sole cost and expense expense; and (c) Tenant pays the entire cost of Tenant designing, permitting, fabricating, installing, maintaining and otherwise in accordance operating such exterior signs and all costs associated with this Lease, without further notice from Landlord notwithstanding anything providing electricity to the contrary contained same. Landlord shall cooperate with Tenant to the extent necessary in this Leaseorder to obtain such approvals. All costs for Landlord’s review of the design, construction and installation of Tenant’s Building Signs, the cost to modify the Building if necessary due to Tenant’s Building Signs and any other costs reasonably incurred by Landlord in connection with the installation and maintenance of any Tenant’s Building Signs, shall be paid by Tenant promptly upon receipt of invoices therefor. During the Lease Term, Tenant, at its sole expense, shall maintain Tenant’s Building Signs in good condition and repair. Tenant shall pay promptly repair all costs electrical outages affecting the Tenant’s Building Signs, at Tenant’s sole expense. On or about the expiration of the Term, Landlord shall, at Tenant’s sole expense, remove Tenant’s Building Signs, and expenses restore and repair all damage to or discoloration of the Building related to such signage or caused by such removal. Tenant shall reimburse Landlord for the cost of all such removal removal, restoration and restoration repair within fifteen thirty (1530) business days following delivery after receipt of an invoice therefor accompanied by reasonable supporting documentationtherefor. The rights provided in Such Tenant duty to reimburse Landlord for the cost to remove such signage, restore and repair shall survive the termination or expiration of this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionLease.
Appears in 1 contract
Sources: Lease Agreement (1847 Goedeker Inc.)
Building Signage. 1. Effective as of the Effective Date, provided Tenant is not in default under the terms of the Amended Lease (beyond any applicable notice and cure periods), Tenant shall be entitled have the right to the greater of: (i) install one (1) exclusive tenant identification exterior sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of on the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location top façade of the Building Signage in the location depicted on Exhibit A attached hereto (the "Building Sign"). Tenant shall be determined by Tenanthave the right to have the Building Sign backlit, subject to Tenant’s receipt of required approvals in accordance with the following sentence. Landlord hereby approves the plans and specifications for the Building Sign as set forth on Exhibit A-1 attached hereto. Notwithstanding the foregoing, Tenant’s right to install the Building Sign is expressly subject to and contingent upon Tenant receiving, at Tenant's sole cost and expense, the approval and consent to the Building Sign from all applicable Lawsgovernmental and quasi-governmental governmental agencies, and all other necessary permits, zoning, regulatory and other approvals in connection with the Building Sign. Landlord shall notify Tenant of any required approvals of which Landlord is aware which are not governmental or quasi-governmental agencies. Additionally, any reasonable signage guidelines for the Project established by Landlord that are provided changes to Tenant prior to installation of the Building Signage, and Sign shall be subject to Landlord’s prior review and written approvalapproval thereof, which approval and shall not be unreasonably withheldconform to Landlord's signage criteria for the Building. In such event, conditioned or delayed. Such right Tenant shall submit to Landlord reasonably detailed drawings of its changes to the Building Signage is personal to Tenant Sign, including without limitation, the size, material, shape, location, coloring and is subject to the following terms lettering for review and conditions: (a) approval by Landlord. Tenant shall submit plans reimburse Landlord for any reasonable out-of-pocket costs associated with Landlord's review and drawings for supervision as hereinbefore provided, including, without limitation, engineers and other professional consultants. All costs of approval, consent, design, installation, supervision of installation, wiring, maintaining, repairing and removing the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to Sign will be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install provided that Tenant may utilize the Building Signage; Allowance (cas defined in Section 11(b) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (dbelow) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervalsfor such costs. Tenant shall will be solely responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right damage to the Building Signage Sign and any damage that the installation, maintenance, repair or removal thereof may be revoked and terminated upon occurrence of any of cause to the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2Building. Upon the expiration or earlier termination of this Lease or the Amended Lease, Tenant shall remove the Building Sign and restore any damage to the Building at such other time that Tenant’s signage rights are terminated pursuant to sole cost and expense. In addition, Landlord shall have the terms hereof, if Tenant fails right to remove the Building Signage Sign at Tenant's sole cost and repair expense, if, at any time during the Building Lease Term: (a) Tenant assigns the Amended Lease; (b) Tenant sublets more than fifty percent (50%) of the Premises, provided that Tenant remains in accordance with possession of not less than 55,000 rentable square feet in the Building; (c) Tenant is in default under the terms of this Lease, Landlord shall cause the Building Signage to be removed from Amended Lease (beyond any applicable notice and cure periods); or (d) Tenant leases less than a total of 68,000 rentable square feet in the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary Building. The rights contained in this Section are not assignable separate and apart from the Amended Lease. Tenant shall pay all costs and expenses for , nor may such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied rights be separated from the Amended Lease in any manner, either by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionreservation or otherwise.
Appears in 1 contract
Sources: Office Building Lease Agreement (Sunnova Energy International Inc.)
Building Signage. 1. Effective as of the Expansion Premises Commencement Date, Article 28 of the Lease is hereby deleted in its entirety and replaced with the following:
28.1 Tenant shall be entitled may, at Tenant’s expense, install Building standard suite signage identifying Tenant’s business at the entrance to the greater of: (i) one (1) exclusive tenant identification sign per Building Premises, provided that does not to exceed 75 square feetthe design, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact size, color and location of the Building Signage shall be determined by Tenant, subject to all sign is in compliance with applicable Laws, any reasonable signage guidelines for the Project established Legal Requirements and has been approved by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, (which approval shall not be unreasonably withheld, conditioned or delayed). Such right Tenant shall be entitled, at no cost to Tenant, to have the name of ▇▇▇▇▇▇’s company listed on the Building Signage directory situated in the lobby of the Building. If, after ▇▇▇▇▇▇’s name is personal initially listed on the directories, ▇▇▇▇▇▇ requests a change in ▇▇▇▇▇▇’s name as printed thereon, Tenant shall reimburse Landlord for Landlord’s cost of reprinting Tenant’s name for the directories.
28.2 Tenant, at Tenant’s sole cost and expense (including, without limitation, costs and expenses to Tenant construct any such signage to ./-/11-17-20// ▇▇▇▇▇▇▇▇▇ / 500209.0017 -10- the extent the same does not exist as of the date of this Lease), and is subject to Tenant’s compliance with applicable Legal Requirements (including signage ordinances), shall be entitled to signage on the following terms and conditions: (a) Tenant shall submit plans and drawings for exterior of the Building Signage to Landlord and to the extent desired by Tenant on the land on which the Building is located, in the maximum size and number of locations as permitted by the City and Legal Requirements (“Tenant’s Signage”). Tenant shall be responsible for obtaining any governmental permits or approvals required for Tenant’s Signage, all at Tenant’s sole cost and expense; provided, however, that Landlord, at no cost to Landlord, shall reasonably cooperate with Tenant as reasonably required for obtaining any governmental permits or approvals required for Tenant’s Signage. Tenant’s repair, maintenance, construction and/or improvement of San Mateo Tenant’s Signage shall be at its sole cost and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, expense and shall comply with all applicable LawsLegal Requirements, the requirements applicable to construction of Alterations pursuant to Article 8 of this Lease, and such other reasonable rules, procedures and requirements as Landlord shall impose with respect to such work, including insurance coverage in connection therewith. Any cost or reimbursement obligations of Tenant under this section 28.2, including with respect to the installation, maintenance or removal of Tenant’s Signage, shall survive the expiration or earlier termination of this Lease.
28.3 Tenant’s rights to maintain Tenant’s Signage shall terminate upon the earlier to occur of: (a) the expiration or earlier termination of the Lease or Tenant’s right to possession of the Premises; (b) Tenant shallassigns the Lease other than to an Affiliate; or (c) Landlord elects to terminate this Lease as a result of an uncured Event of Default under this Lease. The rights provided for in Article 28 shall be personal to the original tenant hereunder (i.e., Dexcom, Inc.) (“Original Tenant”) and any Affiliate of Original Tenant, and shall not be transferable to any other party unless otherwise agreed to by Landlord in writing. Upon the termination of Tenant’s signage rights under this Article 28, Tenant shall remove any of Tenant’s Signage at Tenant’s sole cost and expense, design, construct and install repair and restore to good condition the Building Signage; (c) the size, color and design areas of the Building Signage shall be subject to Landlord’s prior written approval; and on which the signage was located or that were otherwise affected by such signage or the removal thereof (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall includeincluding, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for patching any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked holes or other penetrations caused by such signage and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and restoring the Building to be repaired and restored to the condition which existed existing prior to the initial installation of the Building Signage (including, if necessary, the replacement of any precast concrete panelssuch signage), all or at the sole cost Landlord’s election, Landlord may perform any such removal and/or repair and expense of Tenant restoration and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration Landlord the reasonable cost thereof within fifteen thirty (1530) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionafter Landlord’s written demand.
Appears in 1 contract
Sources: Lease (Dexcom Inc)
Building Signage. 1. Tenant shall be entitled to the greater of: (i) one (1) exclusive tenant identification sign per to be located on the Building that does not adjacent to exceed 75 square feet, or (ii) Tenant’s pro rata share the entrance to the Leased Premises and space on the monument sign in front of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (together, the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, regulations and Landlord’s 's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. The Building Signage may be illuminated. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo ▇▇▇▇ and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, and each such jurisdiction prior to installation, and shall fully comply with all applicable LawsRegulations; (b) Tenant shall, at Tenant’s 's sole cost and expense, design, construct and install the Building Signage; (c) the size, color color, method and level of illumination, and design of the Building Signage shall be subject to Landlord’s 's prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Leasecleaning. At Landlord’s 's option, Tenant’s 's right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periodsperiod; (ii) Tenant leases or occupies less than 75% fifty percent (50%) of the Leased Premises (provided, however, that if Landlord has recaptured any portion of the Leased Premises, then Tenant's right to place signage on the Building may be revoked or modified, in Landlord's discretion); or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s 's signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding Landlord. Notwithstanding anything to the contrary contained in this Lease. , Tenant shall pay all costs and expenses for such removal and restoration within fifteen five (155) business days following delivery of an invoice therefor accompanied by reasonable supporting documentationtherefor. The rights provided in this Section 36.A 3.3 shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 1 contract
Sources: Office Space Lease Agreement (Extreme Networks Inc)
Building Signage. 1. Tenant shall be entitled to two (2) identification signs to be located on the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share front and rear of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the collectively, “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, Regulations and Landlord’s prior written approval, which approval shall provided that the location does not be unreasonably withheld, conditioned detract from the quality of the Building or delayedthe Project. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) :
10.2.1 Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo Milpitas and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall fully comply with all applicable Laws; (b) Regulations.
10.2.2 Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color .
10.2.3 The appearance and design size of the Building Signage shall be subject to Landlord’s prior written approval; and (d) . {2011-0761/00030501
10.2.4 Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this the Lease. .
10.2.5 At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: :
(ia) Tenant shall be in default under this the Lease beyond any applicable notice and cure periods; period.
(iib) Tenant leases or occupies less than 75100% of the Premises, or .
(iiic) this The Lease shall terminate or otherwise no longer be in effect.
2. 10.2.6 Upon the expiration or earlier termination of this the Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this the Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this the Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this the Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen five (155) business days following delivery of an invoice therefor accompanied by reasonable supporting documentationtherefor. The rights provided in this Section 36.A 10.2 shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 1 contract
Building Signage. 1. Original Tenant or any Approved Assignee shall be entitled have the exclusive right to install (i) exterior Building signage, including signage affixed to the greater of: Building, (iii) signage and Tenant branding in and around the elevator bank in the Project parking facility leading to the Building underneath Building B, similar to that currently installed for other Project tenants, and (iii) one (1) exclusive tenant identification exterior monument sign per Building that does not to exceed 75 square feetbe located in allocation mutually agreed upon by Landlord and Tenant, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located full extent allowed by Applicable Laws (the “Building "Tenant Signage”"). The exact location of the Building Tenant Signage shall be determined by Tenant, subject to all applicable Applicable Laws. The graphics, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation materials, color, design, lettering, lighting, size, illumination, and 760812.06/WLA375983-00004/11-2-16/ejs/ejs 48 COLORADO CENTER[2400 Broadway][Kite Pharam, Inc.] specifications of the Building Signage, and Landlord’s Tenant Signage shall be subject to the prior written approvalapproval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installationconsistent and compatible with the quality and nature of the Project, and the Project signage and graphics program. In no event shall comply Tenant Signage include a name or logo which relates to an entity which (in Landlord’s reasonable determination) is of a character or reputation, or is associated with all applicable Laws; (b) Tenant shalla political faction or orientation, at Tenant’s sole cost and expense, design, construct and install which is inconsistent with the Building Signage; (c) the size, color and design first class quality of the Building Signage shall be subject to Project, or which would (in Landlord’s prior written approval; reasonable determination) reasonably offend a landlord of the Comparable Buildings, or which includes the name of a foreign country (any such name or logo, an "Objectionable Name"). Notwithstanding the foregoing, the name and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne logo set forth on Exhibit O attached hereto is hereby approved by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervalsLandlord. Tenant shall be responsible for any electrical energy used all costs and expenses incurred in connection with the Building permitting, design, construction, installation, repair, maintenance, compliance with laws, and removal of the Tenant Signage. Notwithstanding Tenant's signage rights set forth in this Section 23.2 shall be personal to the foregoingOriginal Tenant or Approved Assignee, Tenant shall as the case may be, and may not be liable for assigned to or utilized by any fee other assignee or any sublessee or any other person or entity. Tenant's signage rights set forth in connection with Tenant’s right to display this Section 23.2 shall terminate at any time during the Building Signage in accordance with Lease Term that the Original Tenant or the Approved Assignee, as the case may be, is not the Tenant under this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: or has sublet more than fifty percent (i50%) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration of the Lease Term or the earlier termination of this Lease or at such other time that Tenant’s 's signage rights are terminated pursuant to the terms hereofunder this Section 23.2, if Tenant fails to shall, at Tenant's sole cost and expense, remove the Building Tenant Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage any and all damage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for Project caused by such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect restore all affected areas to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretiontheir original condition.
Appears in 1 contract
Sources: Office Lease (Kite Pharma, Inc.)
Building Signage. 1. Tenant shall be entitled (a) Subject to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not requirements of this Section 33, Tenant, at Tenant's sole cost and expense, shall have the right to exceed 75 square feet, or (ii) install signage to display Tenant’s pro rata share 's name on the exterior of the maximum exterior signage permitted third (3rd) floor of the Building, in a location selected by applicable Laws that is allocated Tenant facing Blac▇▇▇▇▇ ▇▇▇d or Bros▇▇▇▇▇, ▇▇d to the parcel cause electricity to be brought to said signage. The plans and specifications for such sign and any other signs Tenant intends to install in or on which the Building is located (the “Building Signage”)at Tenant's sole cost and expense) are attached hereto as Exhibit J and made a part hereof. The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant After construction and prior to installation of said signs, Tenant shall present the Building Signage, and Landlord’s prior same to Landlord for its written approval, which approval shall not be unreasonably withheldwithheld so long as the signs conform fully to the plans and specifications set forth in Exhibit J. Tenant shall install its approved signs at a time mutually agreed upon by Landlord and Tenant, conditioned or delayed. Such it being understood and agreed that Landlord shall have the right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each supervise such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall. Tenant, at Tenant’s 's sole cost and expense, designshall obtain all necessary permits for such signage and otherwise ensure that all such signage complies with all requirements of applicable laws, construct ordinances and install regulations.
(b) Throughout the Building Signage; (c) the sizeterm of this Lease, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall pay for all electricity consumed by said sign, and shall maintain the Building Signage said sign in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms Term of this Lease, Landlord Tenant, at its expense, shall cause remove such sign and repair any damage to the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation resulting therefrom. EXECUTED under seal as of the Building Signage (including, if necessary, date first written above in the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionBasic Lease Information.
Appears in 1 contract
Sources: Lease Agreement (Bioreliance Corp)
Building Signage. 1. Tenant shall be entitled to the greater of: install (i) one (1) exclusive tenant identification sign per (approximately 2.5 feet high and 11 feet wide) identifying Tenant on the north side of the Building that does not to exceed 75 square feetbetween the second and third floors of the Building in the location designated on Exhibit "E" attached hereto, or and (ii) Tenant’s pro rata share in the event Tenant leases from Landlord more than 11,000 rentable square feet on the second (2nd) floor of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which Building, one (1) monument sign (approximately 1 foot high and 5 feet wide) identifying Tenant located outside the Building is located in the location designated by Landlord in its sole discretion (collectively, the “"Building Signage”"). The exact specifications and location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s the prior written approval; approval of Landlord and (d) Tenant shall maintain conform to the Building Signage in good condition and repairsign plans for the San Diego Tech Center dated November 20, and all costs of maintenance and repair 1992. In addition, such signage shall be borne by subject to Tenant. Maintenance shall include's receipt of all required governmental permits and approvals, including without limitation, cleaning andany approvals or requirements of the City of San Diego (collectively, if the Building "Signage is illuminated, relamping at reasonable intervalsApprovals") and shall be subject to all applicable governmental laws and ordinances. Landlord does not represent and warrant that such Signage Approvals will be obtainable and Tenant shall be responsible for any electrical energy used in connection with all aspects of obtaining same. The cost of installation of the Building SignageSignage and all other costs associated with such signage, shall be the sole responsibility of Tenant. Notwithstanding The Building Signage rights described herein shall only be applicable to the foregoingcurrent name of the Tenant, "Kintera", and may not be assigned or otherwise transferred, directly or indirectly, by the Tenant to any other entity without Landlord's prior written consent, which consent may be withheld by Landlord in its sole and absolute discretion; provided that, if Tenant requests to transfer the Building Signage rights for "Kintera" under this Article 31 to a Permitted Transferee or any other transferee approved by Landlord under the provisions of Article 18 which occupies all of the Premises and Landlord withholds its consent, in its sole and absolute discretion, then Rent payable under Section 4.1 shall be reduced by $0.05 per rentable square foot of the Premises per month effective as of the date of such transfer. Landlord's approval as to any such assignment or transfer of Building Signage rights shall be separate and apart from Landlord's approval rights with respect to the assignment of Tenant's other interests in this Lease. Tenant acknowledges and agrees that the signage rights granted to Tenant in this Article 31 are not exclusive and that Landlord may permit other tenants or third parties to erect signage on or about the Building. In the event that at any time during the Term or any Extension Term, if exercised, Tenant fails to lease or occupy at lease 4,430 rentable square feet of the Premises, or otherwise defaults under the terms of this Lease (beyond any applicable cure periods set forth herein), Tenant's rights to the Building Signage shall not be liable for thereupon terminate. Upon any fee in connection with Tenant’s termination of the foregoing rights, Landlord shall have the right to display require the removal of the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effectSection 31.2 below.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 1 contract
Sources: Office Building Lease (Kintera Inc)
Building Signage. 1. Tenant shall be entitled to Commencing on the greater of: Second Amendment Commencement Date, provided that (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feetthe Lease is in full force and effect, or and (ii) Tenant’s pro rata share no Event of Default of Tenant shall have occurred and be continuing, and (iii) Tenant shall not have assigned this Lease and there shall not then be in effect a sublease or subleases of more than twenty-five percent (25%) of the maximum exterior signage permitted by applicable Laws that is allocated Premises, in each case, other than to the parcel on which the Building is located a Permitted Transferee (the “Building Signage”). The exact location as defined in Section 25.3 of the Building Signage Existing Lease), and (iv) Tenant and its Permitted Transferees shall continue to occupy in the aggregate at least seventy-five percent (75%) of the Premises for the conduct of its business (any of which conditions described in clauses (i), (ii), (iii) and (iv) may be determined waived by TenantLandlord at any time in Landlord’s sole discretion), Tenant shall have the right, subject to all applicable Lawsthe terms and conditions of this Section 8, any reasonable signage guidelines for to install an identification sign on the Project established by Landlord that are provided to Tenant prior to installation exterior of the Building SignageBuilding, in the same or equivalent location as the current Bechtel sign. The size (which shall be no larger than thirty (30) square feet), materials and graphics shall be subject to Landlord’s prior written review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant The sign shall be separately metered and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings be responsible for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheldall fabrication, conditioned or delayed) andlighting, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expense, design, construct and install the Building Signage; (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain the Building Signage in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervalsremoval costs for such sign. Tenant shall be responsible for any electrical energy used obtaining, at its sole cost and expense, all permits and approvals required by applicable Laws regarding such signage. Tenant’s installation work shall be subject to all of the applicable terms and conditions of this Lease regarding alterations, and Tenant hereby covenants and agrees to maintain such exterior signage in connection good condition, consistent with the Building Signagefirst class quality of the Building, so long as such exterior signage is affixed to the Building, and Tenant shall remove such signage from the exterior of the Building, and repair any damage caused thereby, upon the earlier to occur of (x) the expiration of Tenant’s rights under this Section 8, (y) the date Tenant fails to lease the minimum square footage of Must Take Premises under Section 6(e) (as such minimum square footage may have been reduced in accordance with Section 6(a)) and also elects to not pay the Annual Fee, or (z) the New Expiration Date of this Lease. Notwithstanding Tenant’s rights under this Section 8 shall not be assignable or transferable, and consequently will not be available to any sublessee or other occupant or any other third party other than a Permitted Transferee. In the foregoingevent that Tenant shall not have installed such signage within twelve (12) months following the Second Amendment Commencement Date, Tenant shall not be liable for any fee in connection with Tenant’s right have no further rights to display the Building Signage in accordance with install such sign and this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant Section 8 shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases of no further force or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretion.
Appears in 1 contract
Sources: Lease Agreement (Cvent Inc)
Building Signage. 1. During the Term, Tenant shall be entitled to have the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shallinstall, at Tenant’s 's sole cost and expense, design, construct and install signage (the "Building Signage; ") on the entrance canopy constructed as a part of the "Facade Modification," as that term is defined in Section 2.1 of the Tenant Work letter. Tenant agrees that (ci) the size, color location, material and design of the Building Signage shall be subject to Landlord’s prior written 's approval, which approval shall not be unreasonably withheld; (ii) the Building Signage shall comply with all applicable governmental rules and regulations; (iii) the right to the Building Signage shall be personal to Original Tenant and may not be transferred; provided that in connection with an assignment of this Lease or a subletting of all of the Premises for substantially all of the remainder of the Term to an entity approved by Landlord pursuant to the terms of Article 28, below, at Landlord's election, Landlord shall either allow Tenant to transfer to such assignee or subtenant the rights to the Building Signage or will allow such assignee or subtenant to have a sign on the "Building Monument," as that term is defined in Section 10.6, below; and (div) Tenant shall maintain Tenant's continuing right to the Building Signage in good condition (and repair, and all costs of maintenance and repair any assignee's or subtenant's right to Building Signage or a name on the Building Monument) shall be borne by contingent on Tenant (or such assignee or subtenant) actually occupying at least one full floor (not including the basement) of the Building. Tenant. Maintenance shall include, without limitation, cleaning and, if 's right to install the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with an exclusive right to install tenant identification signage on the Building Signageexterior of the Building. Notwithstanding the foregoing, in no event shall Tenant shall not be liable for or any fee in connection with Tenant’s permitted assignee or subtenant have the right to display install Building Signage, or a name on the Building Signage Monument, which contains any word or name which relates to an entity which is of a character to reputation, or is associated with a political orientation or faction, which is inconsistent with the quality of the Project, or which would otherwise reasonably offend a landlord of a building or project comparable to the building or project in accordance with this Leasethe vicinity of the Project. At Landlord’s optionAs of the end of the Term, or the expiration of Tenant’s 's right to the Building Signage may be revoked as set forth in this Section 10.5, Tenant shall, at Tenant's sole cost and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premisesexpense, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair any damage to the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed resulting from the Building and the Building to be repaired and restored to the condition which existed prior to the installation or removal of the Building Signage (including, if necessary, the replacement of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionsame.
Appears in 1 contract
Sources: Office Lease (Activision Inc /Ny)
Building Signage. 1Tenant currently has installed and may maintain one non- illuminated sign containing Tenant’s name on the exterior of the Building (the “Existing Sign”) and Tenant shall have the right to install and maintain a second non-illuminated sign containing Tenant’s name on the exterior of the Building in a location reasonably approved by Landlord and facing along SW Gemini Drive (the “New Sign”, and together with the Existing Sign, collectively, the “Sign” ). In the event Tenant desires to modify the Existing Sign, such modification shall be subject to the terms and conditions of this Section 15.02 which are applicable to a New Sign. Tenant, at its sole cost and expense, shall obtain any necessary zoning and/or regulatory approval in connection with the Sign. All costs in connection with the Sign, including any costs for the design, installation, supervision of installation, wiring, maintenance, repair and removal of the Sign, will be at Tenant’s expense. Tenant shall be entitled submit to Landlord reasonably detailed drawings of the proposed New Sign, including without limitation, the size, material, shape and lettering for review and approval by Landlord. The New Sign shall conform to the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share standards of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall be determined by Tenant, subject to all applicable Laws, any reasonable signage guidelines for the Project design and motif established by Landlord for the exterior of the Project. Tenant shall reimburse Landlord for any costs associated with Landlord’s review and supervision as hereinbefore provided including, but not limited to, engineers and other professional consultants. Tenant will be responsible for the repair of any damage that are provided to Tenant prior to the installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right Sign may cause to the Building Signage is personal or the Project. Tenant agrees upon the expiration date or sooner termination of the Lease, upon Landlord’s request, to Tenant remove the Sign and is subject to repair and restore any damage to the following terms Building and conditions: (a) Tenant the Project at Tenant’s expense. In addition, Landlord shall submit plans and drawings for have the Building Signage right to Landlord and to remove the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, Sign at Tenant’s sole cost and expense, designif, construct and install at any time during the Building Signage; Term: (c) the size, color and design of the Building Signage shall be subject to Landlord’s prior written approval; and (d1) Tenant shall maintain the Building Signage assigns its interest in good condition and repair, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i2) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of ceases to occupy the Premises, or (iii3) this Tenant defaults under any term or condition of the Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant and fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of cure such default within any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionapplicable grace period.
Appears in 1 contract
Building Signage. 1. So long as no monetary event of default then exists under this lease after expiration of any applicable notice and cure period, and HomeBanc Mortgage Corporation (and no assignee or subtenant) is then the direct tenant for at least 100,000 square feet of net rentable area of the Premises (collectively, the “Signage Criteria”), then Tenant shall be entitled have the exclusive right to install exterior signage on the greater of: (i) one (1) exclusive tenant identification sign per Building that does not to exceed 75 square feet, or (ii) Tenant’s pro rata share north and east facades of the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located Building’s rooftop penthouse (the “Building SignageSigns”). ) subject to the following terms and conditions:
a. The exact location of letters on the Building Signage Signs shall have a maximum height of seven (7) feet. Tenant’s logo will be determined by Tenantslightly larger than the letters, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) Tenant shall, at Tenant’s sole cost and expenseThe location, design, construct construction, size and install the other aspects of such Building Signage; (c) the sizeSigns shall be generally as described on Exhibit L. Otherwise, color and design all such aspects of the such Building Signage Signs, including, without limitation, all modifications, replacements or alterations thereto shall be subject to Landlord’s prior written approval; and (d) Tenant consent, which consent shall maintain not be unreasonably withheld, conditioned or delayed. In addition, the Building Signage in good condition and repair, and all costs of maintenance and repair Signs shall be borne subject to the approval of DeKalb County, which approval Landlord shall reasonably cooperate with Tenant in obtaining.
b. The expense of installing, constructing, maintaining and removing the Building Signs shall be the sole cost and expense of Tenant (subject to application, at Tenant’s sole discretion, of the Tenant Improvement Allowance) and shall be paid directly by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection all costs and expenses associated with the Building Signage. Notwithstanding the foregoing, Signs and Tenant shall not be liable for promptly repair any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right damage to the Building Signage may be revoked resulting from the installation, construction, maintenance or removal of such Building Signs, normal wear and terminated upon occurrence tear fire or other casualty excepted.
c. Unless caused by the negligence or willful misconduct of Landlord, its agents or employees, Tenant hereby agrees to indemnify and hold Landlord harmless for any cost, expense, loss or other liability associated with the installation, construction, maintenance and removal of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effectBuilding Signs.
2. d. Upon the expiration or earlier termination of this Lease lease or at such other time that in the event Tenant’s signage rights hereunder are terminated pursuant to the terms hereofterminated, if Tenant fails to shall promptly remove the Building Signage Signs and repair the Building in accordance with the terms of this Lease, reimburse Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed prior to the installation of the Building Signage (including, if necessary, the replacement of any precast concrete panels), for all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all reasonable costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed actually incurred by Landlord in writing in its sole discretionas a result of any damage to the Building caused by such removal.
Appears in 1 contract
Sources: Lease Agreement (Homebanc Corp)
Building Signage. Landlord agrees that, for so long as ▇▇▇▇▇▇.▇▇▇ which is the original Tenant under this Lease, leases and occupies more than 21,000 rentable square feet of the Building, ▇▇▇▇▇▇.▇▇▇ may place its identifying signage on the Building; provided that the design, dimensions, construction and location of such signage shall be substantially as depicted on the EXHIBIT "I" attached to the Lease; and further provided that: (1) such signage is not prohibited by any applicable code, ordinance, statute, rule or regulation or by any action or rule of any landmark commission having jurisdiction, (2) all consents necessary from all governmental authorities and landmark commissions having jurisdiction are reasonably obtainable and are first obtained and (3) the exact copy, location, color and size of the proposed signage shall be previously approved, in writing, by Landlord. Tenant will bear the costs associated with creating, designing, manufacturing, and installing the signage set forth in the paragraph above. Tenant shall bear the cost of illuminating said signage and all costs of operating and maintaining said illumination (including bulbs and ballasts) ("LIGHTING COSTS"). If any Lighting Cost is invoiced to Landlord, such cost shall become additional rent due within thirty (30) days after ▇▇▇▇▇▇'s receipt of an invoice therefor from Landlord. Landlord shall otherwise insure and maintain the signage, the costs of which will be entitled includable in Project Expenses. Upon termination or expiration of this Lease or of Tenant's right to possession of the greater of: (i) one (1) exclusive tenant identification sign per Building that Premises or if Tenant does not to exceed 75 lease and occupy at least 21,000 rentable square feetfeet in the Building, or (ii) Tenant’s pro rata share of and Landlord desires that the maximum exterior signage permitted by applicable Laws that is allocated to the parcel on which the Building is located (the “Building Signage”). The exact location of the Building Signage shall set forth herein be determined by Tenantremoved, subject to all applicable Laws, any reasonable signage guidelines for the Project established by Landlord that are provided to Tenant prior to installation of the Building Signage, and Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Such right to the Building Signage is personal to Tenant and is subject to the following terms and conditions: (a) Tenant shall submit plans and drawings for the Building Signage to Landlord and to the City of San Mateo and to any other public authorities having jurisdiction and shall obtain written approval from Landlord (not to be unreasonably withheld, conditioned or delayed) and, if applicable, each such jurisdiction prior to installation, and shall comply with all applicable Laws; (b) then Tenant shall, at Tenant’s 's sole cost and expense, design, construct remove such signage and install the Building Signage; (c) the size, color restore and design repair all parts of the Building Signage shall be subject to Landlord’s prior written approval; and (d) Tenant shall maintain affected by the Building Signage in good condition and repairinstallation or removal of said signage, and all costs of maintenance and repair shall be borne by Tenant. Maintenance shall include, without limitation, cleaning and, if the Building Signage is illuminated, relamping at reasonable intervals. Tenant shall be responsible for any electrical energy used in connection with the Building Signage. Notwithstanding the foregoing, Tenant shall not be liable for any fee in connection with Tenant’s right to display the Building Signage in accordance with this Lease. At Landlord’s option, Tenant’s right to the Building Signage may be revoked and terminated upon occurrence of any of the following events: (i) Tenant shall be in default under this Lease beyond any applicable notice and cure periods; (ii) Tenant leases or occupies less than 75% of the Premises, or (iii) this Lease shall terminate or otherwise no longer be in effect.
2. Upon the expiration or earlier termination of this Lease or at such other time that Tenant’s signage rights are terminated pursuant to the terms hereof, if Tenant fails to remove the Building Signage and repair the Building in accordance with the terms of this Lease, Landlord shall cause the Building Signage to be removed from the Building and the Building to be repaired and restored to the condition which existed existing prior to its installation or to a condition acceptable to Landlord. If Landlord does not then desire that such exterior signage be removed, then such signage shall remain until such time as Landlord shall desire that such signage be removed, in which event Landlord shall remove such signage and repair and restore all damage caused by such removal, and ▇▇▇▇▇▇.▇▇▇ shall pay to Landlord the installation costs of all such removal, repair and restoration within thirty (30) days after Landlord's issuance of an invoice for such costs. Landlord shall be permitted to grant to other Tenants of the Building Signage (including, if necessary, the replacement right to install signage on the exterior of any precast concrete panels), all at the sole cost and expense of Tenant and otherwise in accordance with this Lease, without further notice from Landlord notwithstanding anything to the contrary contained in this Lease. Tenant shall pay all costs and expenses for such removal and restoration within fifteen (15) business days following delivery of an invoice therefor accompanied by reasonable supporting documentation. The rights provided in this Section 36.A shall be non-transferable (except with respect to a Permitted Transferee) unless otherwise agreed by Landlord in writing in its sole discretionBuilding.
Appears in 1 contract
Sources: Office Lease (Kinzan Inc)