DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's own use for the Permitted Use and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the Leased Premises. Tenant's lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Paragraphs 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the Property, (iii) all Laws and Private Restrictions governing the operation of pollution control systems, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Property, and (v) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 of this Lease. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive right of access and use or occupancy of the Building roof to the extent required in order to enable Tenant to perform Tenant's maintenance and repair obligations pursuant to this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Jazz Semiconductor Inc), Lease Agreement (Jazz Semiconductor Inc)
DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's own use for the Permitted Use and not for purposes of speculating in real estateLandlord, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the Leased Premises, reserving and excepting to Landlord the right to fifty percent (50%) of all assignment consideration and excess rentals as provided in Article 7 below. Tenant's ’s lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Paragraphs Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and Premises, the Property, and the Project, (iii) all Laws and Private Restrictions governing the operation of pollution control systems, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Premises, the Property, and the Project, shown on Schedule 2.1 attached hereto (vthe “Existing Title Encumbrances”), and (iv) all reasonable reasonable, non-discriminatory rules and regulations from time to time established by Landlord under Paragraph 4.11 of this LeaseLandlord. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable other tenants all rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive no right of access and access, use or occupancy of the Building roof except as provided for in Paragraph 4.14 below; provided, however, during the period, if any, that Tenant is leasing one hundred percent (100%) of all of the rentable square footage in the Building, Tenant shall have the exclusive right to one hundred percent (100%) of the extent required Available Rooftop Space (as defined in order to enable Tenant to perform Tenant's maintenance and repair obligations pursuant to this LeaseParagraph 4.14 below).
Appears in 2 contracts
Sources: Lease Agreement (Aruba Networks, Inc.), Lease Agreement (Aruba Networks, Inc.)
DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's ’s own use for in the Permitted Use conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 1(s) as the Leased Premises, reserving and excepting to Landlord the exclusive right to 50% of all profits to be derived from any assignments or sublettings by Tenant during the Lease Term by reason of the appreciation in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Leased Premises. Tenant's ’s lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Paragraphs Article 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of this the Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the PropertyProject, (iii) all Laws and Private Restrictions governing the operation of pollution control systemsRestrictions, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Propertythe Project, and (viv) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 of this Lease. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive right of access and use or occupancy of the Building roof to the extent required in order to enable Tenant to perform Tenant's maintenance and repair obligations pursuant to this LeaseLandlord.
Appears in 2 contracts
Sources: Industrial Space Lease (Silicon Graphics International Corp), Industrial Space Lease (Rackable Systems, Inc.)
DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's ’s own use for in the Permitted Use conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the Leased Premises, reserving and excepting to Landlord the right to fifty percent (50%) of all assignment consideration and excess rentals as provided in Article 7 below. Tenant's ’s lease of the Leased Premises, together with the appurtenant right to use the Common Outside Areas as described in Paragraphs Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the Property, (iii) all Laws and Private Restrictions governing the operation of pollution control systems, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Property, and (viv) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 of this LeaseLandlord. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable all rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive no right of access and access, use or occupancy of the Building roof except (if at all) to the extent required in order to enable Tenant to perform Tenant's ’s maintenance and repair obligations pursuant to this Lease. Tenant acknowledges receipt, without representation or warranty by Landlord, of Landlord’s existing title insurance policy relating to the Property (the “Title Policy”). Landlord represents to Tenant that to Landlord’s knowledge, there are no covenants, conditions and restrictions encumbering the Property other than as shown on the Title Policy. In addition, Landlord also agrees that Tenant’s construction of the Tenant Improvements (as defined in Paragraph 2.5 below) as approved by Landlord and constructed in accordance with the Work Letter (as defined in Paragraph 2.4 below), will not constitute a default under this Lease, even if the same is a technical default under the covenants, conditions and restrictions described in Paragraph 1 of Schedule B of the Title Policy.
Appears in 2 contracts
Sources: Sublease (Gigamon Inc.), Lease Agreement (Palo Alto Networks Inc)
DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's ’s own use for in the Permitted Use conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 I as the Leased Premises, reserving and excepting to Landlord the exclusive right to all profits to be derived from any assignments or sublettings by Tenant during the Lease Term by reason of the appreciation in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Lease Premises. Tenant's lease ’s Lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Paragraphs Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (iI) all the terms and conditions of this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the PropertyProject, (iii) all Laws and Private Restrictions governing the operation of pollution control systemsRestrictions, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Propertythe Project, and (viv) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 of this Lease. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive right of access and use or occupancy of the Building roof to the extent required in order to enable Tenant to perform Tenant's maintenance and repair obligations pursuant to this LeaseLandlord.
Appears in 1 contract
DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's ’s own use for in the Permitted Use conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Lease
1. Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the Leased Premises, reserving and excepting to Landlord the right to fifty percent (50%) of all assignment consideration and excess rentals as provided in Article 7 below. Tenant's ’s lease of the Leased Premises, together with the appurtenant right to use the Common Outside Areas as described in Paragraphs Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the Property, (iii) all Laws and Private Restrictions governing the operation of pollution control systems, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Property, and (viv) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 of this LeaseLandlord. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable all rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive no right of access and access, use or occupancy of the Building roof except (if at all) to the extent required in order to enable Tenant to perform Tenant's ’s maintenance and repair obligations pursuant to this Lease.
Appears in 1 contract
DEMISE OF LEASED PREMISES. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's own use for the Permitted Use and not for purposes of speculating in real estateLandlord, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the Leased Premises.
(b) The rentable square footage of the Leased Premises shall be re-measured within thirty (30) after the Commencement Date utilizing the BOMA Method. Tenant's lease A copy of the letter or report from Landlord’s architect or engineer setting forth its calculation of the actual rentable square footage of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Paragraphs 2.2 belowall documentary support therefor, shall be conditioned upon and be subject furnished to Tenant (the “Preliminary Notice of Re-determination of RSF”). If Tenant does not object in writing to the continuing compliance Preliminary Notice of Re-determination of RSF within 10 business days of Landlord’s delivery thereof, the Preliminary Notice of Re-determination of RSF shall be considered the Notice of Re-determination of RSF. If, however, Tenant delivers to Landlord written notice of its objection to the square footage set forth in the Preliminary Notice of Re-determination of RSF within such 10 business day period, Landlord’s architect and an architect selected by Tenant with (i) all and reasonably acceptable to Landlord for this purpose shall meet and attempt to reach agreement on the terms correct measurement within 10 days thereafter, utilizing the BOMA Method. If Landlord’s architect and conditions Tenant’s architect are unable to reach agreement in such 10 day period, the two architects shall select a third architect reasonably acceptable to both parties who shall determine the correct measurement, utilizing the BOMA Method, within 10 days of this Lease, (ii) all Laws and Private Restrictions governing its selection. The determination by the use or occupancy architects shall be evidenced by a notice to both parties setting forth the correct measurement of the Leased Premises and (the Property, (iii) all Laws and Private Restrictions governing the operation “Notice of pollution control systems, waste collection and treatment systems, (iv) all easements and other matters now Re-determination of public record respecting the use of the Leased Premises and Property, and (v) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 of this Lease. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive right of access and use or occupancy of the Building roof to the extent required in order to enable Tenant to perform Tenant's maintenance and repair obligations pursuant to this LeaseRSF”).
Appears in 1 contract
DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's ’s own use for in the Permitted Use conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 I as the Leased Premises, reserving and excepting to Landlord the right to fifty percent (50%) of all assignment consideration and excess rentals as provided in Article 7 below. Tenant's ’s lease of the Leased Premises, together with the appurtenant right to use the Common Outside Areas as described in Paragraphs Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the Property, and (iii) all Laws and Private Restrictions governing the operation of pollution control systemsRestrictions, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Property, and (viv) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 of this Leasethe Landlord. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable all rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive no right of access and access, use or occupancy of the Building roof except (if at all) to the extent required in order to enable Tenant to perform Tenant's ’s maintenance and repair obligations pursuant to this Lease.
Appears in 1 contract
Sources: Lease (Vivus Inc)
DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's own use for the Permitted Use in the conduct of Tenant's business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the Leased Premises. Tenant's lease of the Leased Premises, together with the appurtenant right to use the Common Outside Areas as described in Paragraphs Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the Property, (iii) all Laws and Private Restrictions governing the operation of pollution control systems, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Property, and (viv) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 Landlord, and (v) payment of all taxes, assessments, license fees, sales tax, use fees, permit fees and public charges assessed due to Tenant's Permitted Use. Subject to the provisions of this Lease, Landlord shall provide to Tenant twenty four (24) hours per day, seven day per week, access to and use of the Leased Premises and all Outside Areas (including parking). Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable all rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive no right of access and access, use or occupancy of the Building roof to the extent required in order to enable Tenant to perform Tenant's maintenance and repair obligations pursuant to this Leaseroof.
Appears in 1 contract
Sources: Lease (Passionate Pet, Inc.)
DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's own use for in the Permitted Use conduct of Tenant's business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the Leased Premises, along with the land and appurtenances thereto reserving and excepting to Landlord the exclusive right to all profits to be derived from any assignments or sub lettings by Tenant during the Lease Term by reason of the appreciation in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant's use of the Lease Premises. Tenant's lease Lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Paragraphs Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the PropertyProject, (iii) all Laws and Private Restrictions governing the operation of pollution control systemsRestrictions, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Propertythe Project, and (viv) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 of this Lease. Notwithstanding any provision of this Lease Landlord, which are provided to the contraryTenant, Landlord hereby reserves to itself and its designees reasonable rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive right of access and use or occupancy of the Building roof to the extent required in order to enable Tenant to perform Tenant's maintenance and repair obligations pursuant to this Leasewriting.
Appears in 1 contract
DEMISE OF LEASED PREMISES. (a) Landlord (as successor to LBA-VF III, LLC) and Tenant are parties to that certain Office Lease with respect to approximately 90,898 rentable square feet in the Building (the “Existing Lease”). In lieu of Tenant exercising its Right to Terminate Lease as provided in Rider 5 to the Existing Lease, Landlord and Tenant are entering into a new lease agreement, as set forth herein, and terminating the Existing Lease. The effectiveness of this Lease is conditioned upon the Landlord and Tenant entering into an amendment which terminates the Existing Lease, waives payment of any Termination Consideration (as defined in the Existing Lease), transfers a portion of the security deposit here thereunder to be applied to the Security Deposit required herein to and decreases the size of the premises leased by Tenant.
(b) Subject to the provisions of Paragraph 2.1(a) above, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's ’s own use for in the Permitted Use conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the Leased Premises, reserving and excepting to Landlord the right to fifty percent (50%) of all assignment consideration and excess rentals as provided in Article 7 below. Tenant's ’s lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Paragraphs Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the Property, (iii) all Laws and Private Restrictions governing the operation of pollution control systems, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Property, and (viv) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 of this LeaseLandlord. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable all rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive no right of access and access, use or occupancy of the Building roof except (if at all) to the extent required in order to enable Tenant to perform Tenant's ’s maintenance and repair obligations pursuant to this Lease. Tenant shall have the right to use the Leased Premises and Common Areas on a 24-hours a day, 7-days a week basis, subject to the provisions of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Silicon Image Inc)
DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's own use for in the Permitted Use conduct of Tenant's business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the Leased Premises, reserving and excepting to Landlord (a) such access as may be required (including but not limited to elevator access) by Landlord to the Building roof and heating, ventilating, air conditioning, ducting, and cabling systems, (b) the right to place additional vertical penetrations behind the walls of the Leased Premises as needed for heating, ventilating, air conditioning, ducting, and cabling, and (c) the right to fifty percent (50%) of all assignment consideration and excess rentals as provided in Article 7 below. Tenant's lease of the Leased Premises, together with the appurtenant non-exclusive right to use the Common Outside Areas as described in Paragraphs Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the Property, (iii) all Laws and Private Restrictions governing the operation of pollution control systems, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Property, and (viv) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 of this LeaseLandlord. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable all rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive no right of access and access, use or occupancy of the Building roof except (if at all) to the extent required in order to maintain and repair any of Tenant's equipment located upon the roof as of the Effective Date of this Lease, or such equipment as may thereafter be approved by Landlord in its reasonable discretion pursuant to Section 4.14 below for placement in a Landlord-designated area upon the roof, or to enable Tenant to perform Tenant's maintenance and repair obligations pursuant to this Lease. Tenant shall not be required to pay rent or other amounts to Landlord for the right to maintain its existing equipment on the roof as of the Effective Date of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Macromedia Inc)
DEMISE OF LEASED PREMISES. 1. In consideration of the rents hereinafter reserved and of the covenants and agreements hereinafter contained, Landlord does hereby leases to Tenant demise and lease unto Tenant, and Tenant does hereby leases hire and take from Landlord for Tenant's own use for Landlord, the Permitted Use and not for purposes of speculating in real estate, for premises (the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the “Leased Premises. Tenant's lease ”) consisting of the Leased Premisesfollowing portions of the building located at N88 W▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, legally described on the attached Exhibit A (which building, together with the improvements and Real Estate appurtenant thereto, is hereinafter referred to as the “Building”):
(a) Approximately 35,800 square feet of manufacturing floor area, 6,800 square feet of office floor area, and 3,950 square feet of mezzanine floor area, for a total of approximately 42,600 square feet of manufacturing and office floor area in the Building identified on Exhibit B attached hereto; and
(b) The right to use the Common Areas as described in Paragraphs 2.2 below, shall be conditioned upon and be (subject to the continuing compliance by Tenant terms hereof) to use in common with (i) the other tenant in the Building and its employees and invitees the common areas, including all the terms and conditions of this Leaseparking areas, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the Propertydriveways, (iii) all Laws and Private Restrictions governing the operation of pollution control systems, waste collection and treatment systems, (iv) all easements sidewalks and other matters now of public record respecting the use of the Leased Premises common facilities and Property, and (v) all reasonable rules and regulations areas furnished by Landlord from time to time established by Landlord under Paragraph 4.11 of this Leasein the Building or otherwise serving the Building, identified on the site plan attached hereto as Exhibit C (“Common Areas”). Notwithstanding any provision of this Lease The right to install, maintain, use, repair, and replace pipes, ducts, conduits, wires and structural elements leading through the contrary, Landlord hereby reserves to itself Leased Premises in locations which will not materially interfere with Tenant’s use thereof and its designees reasonable rights of access, use and occupancy serving other parts of the Building roof, provided that Landlord are hereby reserved unto Land lord.
2. Tenant shall make reasonable efforts to cause its employees and its designees do not unreasonably interfere with invitees to park in the conduct portion of the Common Area parking lot indicated as Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant’s parking area on Exhibit C.
3. Tenant shall have a nonexclusive right of access and exclusive use or occupancy of the portions of the Common Area designated for Tenant’s loading dock and dumpster location on the attached Exhibit C.
4. Tenant shall have joint use with the other tenant in the Building roof to of the extent required in order to enable Tenant to perform Tenant's maintenance and repair obligations pursuant to this Leaseportions of the Common Area designated as the electrical service equipment shown on Exhibit C (“Electrical Service Equipment”).
Appears in 1 contract
Sources: Lease Agreement (EnSync, Inc.)
DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's ’s own use for in the Permitted Use conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the Leased Premises. Tenant's ’s lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Paragraphs Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the Property, (iii) all Laws and Private Restrictions governing the operation of pollution control systems, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Property, and (viv) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 of this Leaserelated to the Leased Premises. Tenant shall have access to the Leased Premises and the parking area within the Common Areas twenty-four (24) hours a day, seven (7) days a week throughout the Lease Term. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable all rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive no right of access and access, use or occupancy of the Building roof except (if at all) to the extent required in order to enable Tenant to perform Tenant's ’s maintenance and repair obligations pursuant to this Lease.
Appears in 1 contract
Sources: Lease Agreement (Biolase, Inc)
DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant tenant hereby leases from Landlord for Tenant's ’s own use for in the Permitted Use conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the Leased Premises, reserving and excepting to Landlord the exclusive right to all profits to be derived from any assignments or sub-lettings by Tenant during the Lease Term by reason of the appreciation in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintains, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Lease Premises. Tenant's lease ’s Lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Paragraphs Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the PropertyProject, (iii) all Laws and Private Restrictions governing the operation of pollution control systemsRestrictions, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Propertythe Project, and (viv) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 of this Lease. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive right of access and use or occupancy of the Building roof to the extent required in order to enable Tenant to perform Tenant's maintenance and repair obligations pursuant to this LeaseLandlord.
Appears in 1 contract
DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's ’s own use for in the Permitted Use conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the Leased Premises, reserving and excepting to Landlord the right to fifty percent (50%) of all assignment consideration and excess rentals as provided in Article 7 below. Tenant's ’s lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Paragraphs Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and Premises, the Property, and the Project, (iii) all Laws and Private Restrictions governing the operation of pollution control systems, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Premises, the Property, and the Project or entered into after the date hereof in accordance with this Lease, and (viv) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 provided Tenant is given notice of the same and the same do not conflict with this Lease, increase the monetary obligations of Tenant hereunder, or decrease Tenant’s rights hereunder. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable all rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive no right of access and access, use or occupancy of the Building roof except (if at all) to the extent required in order to enable Tenant to perform Tenant's ’s maintenance and repair obligations pursuant to this Lease.
Appears in 1 contract
DEMISE OF LEASED PREMISES. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's own use for the Permitted Use and not for purposes of speculating in real estateLandlord, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the Leased Premises.
(b) The rentable square footage of the Leased Premises shall be re-measured within thirty (30) after the Commencement Date utilizing the BOMA Method. Tenant's lease A copy of the letter or report from Landlord’s architect or engineer setting forth its calculation of the actual rentable square footage of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Paragraphs 2.2 belowall documentary support therefor, shall be conditioned upon and be subject furnished to Tenant (the “Preliminary Notice of Re-determination of RSF”). If Tenant does not object in writing to the continuing compliance Preliminary Notice of Re-determination of RSF within 10 business days of Landlord’s delivery thereof, the Preliminary Notice of Re-determination of RSF shall be considered the Notice of Re-determination of RSF. If, however, Tenant delivers to Landlord written notice of its objection to the square footage set forth in the Preliminary Notice of Re-determination of RSF within such 10 business day period, Landlord’s architect and an architect selected by Tenant with (i) all and reasonably acceptable to Landlord for this purpose shall meet and attempt to reach agreement on the terms correct measurement within 10 days thereafter, utilizing the BOMA Method. If Landlord’s architect and conditions Tenant’s architect are unable to reach agreement Building E in such 10 day period, the two architects shall select a third architect reasonably acceptable to both parties who shall determine the correct measurement, utilizing the BOMA Method, within 10 days of this Lease, (ii) all Laws and Private Restrictions governing its selection. The determination by the use or occupancy architects shall be evidenced by a notice to both parties setting forth the correct measurement of the Leased Premises and (the Property, (iii) all Laws and Private Restrictions governing the operation “Notice of pollution control systems, waste collection and treatment systems, (iv) all easements and other matters now Re-determination of public record respecting the use of the Leased Premises and Property, and (v) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 of this Lease. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive right of access and use or occupancy of the Building roof to the extent required in order to enable Tenant to perform Tenant's maintenance and repair obligations pursuant to this LeaseRSF”).
Appears in 1 contract
DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant tenant hereby leases from Landlord for Tenant's ’s own use for in the Permitted Use conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the Leased Premises, reserving and excepting to Landlord the exclusive right to all profits to be derived from any assignments or sub-lettings by Tenant during the Lease Term by reason of the appreciation in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintains, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of the Lease Premises. Tenant's lease ’s Lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Paragraphs Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all ail the terms and conditions of this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the PropertyProject, (iii) all Laws and Private Restrictions governing the operation of pollution control systemsRestrictions, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Propertythe Project, and (viv) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 of this Lease. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive right of access and use or occupancy of the Building roof to the extent required in order to enable Tenant to perform Tenant's maintenance and repair obligations pursuant to this LeaseLandlord.
Appears in 1 contract
DEMISE OF LEASED PREMISES. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's own use for the Permitted Use and not for purposes of speculating in real estateLandlord, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the Leased Premises.
(b) The rentable square footage of the Leased Premises shall be re-measured within thirty (30) after the Commencement Date utilizing the BOMA Method. Tenant's lease A copy of the letter or report from Landlord’s architect or engineer setting forth its calculation of the actual rentable square footage of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Paragraphs 2.2 belowall documentary support therefor, shall be conditioned upon and be subject furnished to Tenant (the “Preliminary Notice of Re-determination of RSF”). If Tenant does not object in writing to the continuing compliance Preliminary Notice of Re-determination of RSF within 10 business days of Landlord’s delivery thereof, the Preliminary Notice of Re-determination of RSF shall be considered the Notice of Re-determination of RSF. If, however, Tenant delivers to Landlord written notice of its objection to the square footage set forth in the Preliminary Notice of Re-determination of RSF within such 10 business day period, Landlord’s architect and an architect selected by Tenant with (i) all and reasonably acceptable to Landlord for this purpose shall meet and attempt to reach agreement on the terms correct measurement within 10 days thereafter, utilizing Building F and conditions Amenities Building the BOMA Method. If Landlord’s architect and Tenant’s architect are unable to reach agreement in such 10 day period, the two architects shall select a third architect reasonably acceptable to both parties who shall determine the correct measurement, utilizing the BOMA Method, within 10 days of this Lease, (ii) all Laws and Private Restrictions governing its selection. The determination by the use or occupancy architects shall be evidenced by a notice to both parties setting forth the correct measurement of the Leased Premises and (the Property, (iii) all Laws and Private Restrictions governing the operation “Notice of pollution control systems, waste collection and treatment systems, (iv) all easements and other matters now Re-determination of public record respecting the use of the Leased Premises and Property, and (v) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 of this Lease. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive right of access and use or occupancy of the Building roof to the extent required in order to enable Tenant to perform Tenant's maintenance and repair obligations pursuant to this LeaseRSF”).
Appears in 1 contract
DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's ’s own use for in the Permitted Use conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 as the Leased Premises, reserving and excepting to Landlord the right to fifty percent (50%) of all assignment consideration and excess rentals as provided in Article 7 below. Tenant's ’s lease of the Leased Premises, together with the appurtenant right to use the Common Outside Areas as described in Paragraphs Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (i) all the terms and conditions of this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the Property, (iii) all Laws and Private Restrictions governing the operation of pollution control systems, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Property, and (viv) all reasonable and non-discriminatory rules and regulations from time to time established by Landlord under Paragraph 4.11 of this LeaseLandlord. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable all rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive no right of access and access, use or occupancy of the Building roof except (if at all) to the extent required in order to enable Tenant to perform Tenant's ’s maintenance and repair obligations pursuant to this Lease.
Appears in 1 contract
DEMISE OF LEASED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for Tenant's ’s own use for in the Permitted Use conduct of Tenant’s business and not for purposes of speculating in real estate, for the Lease Term and upon the terms and subject to the conditions of this Lease, that certain interior space described in Article 1 I as the Leased Premises, reserving and excepting to Landlord the exclusive right to all profits to be derived from any assignments or sublettings by Tenant during the Lease Term by reason of the appreciation in the fair market rental value of the Leased Premises. Landlord further reserves the right to install, maintain, use and replace ducts, wires, conduits and pipes leading through the Leased Premises in locations, which will not materially interfere with Tenant’s use of the Lease Premises. Tenant's lease ’s Lease of the Leased Premises, together with the appurtenant right to use the Common Areas as described in Paragraphs Paragraph 2.2 below, shall be conditioned upon and be subject to the continuing compliance by Tenant with (iI) all the terms and conditions of this Lease, (ii) all Laws and Private Restrictions governing the use or occupancy of the Leased Premises and the PropertyProject, (iii) all Laws and Private Restrictions governing the operation of pollution control systemsRestrictions, waste collection and treatment systems, (iv) all easements and other matters now of public record respecting the use of the Leased Premises and Propertythe Project, and (viv) all reasonable rules and regulations from time to time established by Landlord under Paragraph 4.11 of this Lease. Notwithstanding any provision of this Lease to the contrary, Landlord hereby reserves to itself and its designees reasonable rights of access, use and occupancy of the Building roof, provided that Landlord and its designees do not unreasonably interfere with the conduct of Tenant's business at the Leased Premises and comply with any reasonable security measure established by Tenant. Tenant shall have a nonexclusive right of access and use or occupancy of the Building roof to the extent required in order to enable Tenant to perform Tenant's maintenance and repair obligations pursuant to this LeaseLandlord.
Appears in 1 contract