FIRST. Unless the context otherwise clearly indicates a contrary intent or unless specifically provided herein, each term used in this Agreement which is defined in the Lease shall be deemed to have the meaning ascribed to such term in the Lease. SECOND: For a term commencing as of September 24, 2013 (the “Adjustment Date”) and ending on April 21, 2015, unless sooner terminated in accordance with terms set forth herein or in the Lease, there shall be added to and included in the Existing Premises the following additional space in the Building, to wit: Certain premises known as the Suite 500, 5th floor in the Building, substantially as shown on Exhibit A (the “Added Space”) so that the term “Premises” as defined in the Lease shall mean collectively, the Existing Premises and the Added Space. Landlord does hereby lease to Tenant, and Tenant does hereby hire from Landlord, the Added Space for the same use as set forth in the Lease and for no other use or purposes, subject to all of the covenants, agreements, terms and conditions of the Lease, as supplemented by this Agreement. THIRD: Landlord has not made any representation as to the physical condition or any other matter affecting or relating to the Added Space, and Tenant specifically acknowledges and agrees that no such representation has been made. Tenant further acknowledges that Landlord has afforded Tenant the opportunity for a full and complete investigation, examination and inspection of the Added Space and Tenant agrees to accept same in its “AS IS” condition with no work to be performed by the Landlord whatsoever. Any and all work necessary for Tenant to operate its business in accordance with the terms of the Lease and this Agreement shall be Tenant’s obligation to perform at Tenant’s cost and expense. Tenant shall, as part of Tenant’s work install a climate control thermostat in the demised premises. Tenant will receive a “Rent Credit” up to a maximum amount of One Thousand Dollars ($1,000.00) for the cost of installing said climate control thermostat. Tenant will receive such Rent Credit within thirty (30) days following receipt of Tenant’s invoice and supporting documentation. Notwithstanding anything herein to the contrary, the parties acknowledge and agree that Tenant has requested the existing tenant to leave the following items in the Added Space for Tenant’s use: 1 conference table, 16 conference room chairs, 1 reception desk and 33 built-in sheetrock workstations (collectively, “Existing Furniture and Furnishings”). Landlord has not made any representation as to the condition or any other matter relating to the Existing Furniture and Furnishings. Tenant shall have the right to retain the Existing Furniture and Furnishings, to dispose of and/or use the same in their existing “AS IS” condition. Tenant acknowledges that Landlord shall not be required to repair or replace any of the Existing Furniture and Furnishings. If Landlord is unable to deliver possession of Suite 500 to Tenant on September 24, 2013 due to the holding-over or failure to surrender possession by any tenant, subtenant or occupant, construction or work in the Building or Suite 500, then Landlord shall not, in any such event, be subject to any liability for failure to give possession of Suite 500 on said date and the validity of this Agreement and the Lease shall not be impaired under such circumstances, but the annual Rent and additional rent payable for Suite 500 shall ▇▇▇▇▇ until Landlord delivers to Tenant possession of Suite 500.
Appears in 1 contract
Sources: Lease (Yodle Inc)
FIRST. Unless the context otherwise clearly indicates a contrary intent or unless specifically provided herein, each term used in this Agreement which is defined in the Lease shall be deemed to have the meaning ascribed to such term in the Lease. SECOND: For a term commencing as of September 24, 2013 (the “Adjustment Date”) and ending on April 21, 2015, unless sooner terminated in accordance with terms set forth herein or in the Lease, there shall be added to and included in the Existing Premises the following additional space in the Building, to wit: Certain premises known as the Suite 500, 5th floor in the Building, substantially as shown on Exhibit A (the “Added Space”) so that the term “Premises” as defined in the Lease shall mean collectively, the Existing Premises and the Added Space. Landlord does hereby lease to Tenant, and Tenant does hereby hire from Landlord, the Added Space for the same use as set forth in the Lease and for no other use or purposes, subject to all of the covenants, agreements, terms and conditions of the Lease, as supplemented by this Agreement. THIRD: Landlord has not made any representation as to the physical condition or any other matter affecting or relating to the Added Space, and Tenant specifically acknowledges and agrees that no such representation has been made. Tenant further acknowledges that Landlord has afforded Tenant the opportunity for a full and complete investigation, examination and inspection of the Added Space and Tenant agrees to accept same in its “AS IS” condition with no work to be performed by the Landlord whatsoever. Any and all work necessary for Tenant to operate its business in accordance with the terms of the Lease and this Agreement shall be Tenant’s obligation to perform at Tenant’s cost and expense. Tenant shall, as part of Tenant’s work install a climate control thermostat in the demised premises. Tenant will receive a “Rent Credit” up to a maximum amount of One Thousand Dollars ($1,000.00) for the cost of installing said climate control thermostat. Tenant will receive such Rent Credit within thirty (30) days following receipt of Tenant’s invoice and supporting documentation. Notwithstanding anything herein to the contrary, the parties acknowledge and agree that Tenant has requested the existing tenant to leave the following items in the Added Space for Tenant’s use: 1 conference table, 16 conference room chairs, 1 reception desk and 33 built-in sheetrock workstations (collectively, “Existing Furniture and Furnishings”). Landlord has not made any representation as to the condition or any other matter relating to the Existing Furniture and Furnishings. Tenant shall have the right to retain the Existing Furniture and Furnishings, to dispose of and/or use the same in their existing “AS IS” condition. Tenant acknowledges that Landlord shall not be required to repair or replace any of the Existing Furniture and Furnishings. If Landlord is unable to deliver possession of Suite 500 to Tenant on September 24, 2013 due to the holding-over or failure to surrender possession by any tenant, subtenant or occupant, construction or work in the Building or Suite 500, then Landlord shall not, in any such event, be subject to any liability liable for failure to give possession of Suite 500 on said the premises upon commencement date and by reason of the validity of this Agreement and fact that premises are not ready for occupancy, or due to a prior Tenant wrongfully holding over or any other person wrongfully in possession or for any other reason: in such event the Lease rent shall not commence until possession is given or is available, but the term herein shall not be impaired under such circumstancesextended. ***THIS PROVISION ALLUDES TO THE MINIMUM ACCESS GRANTED TO LANDLORD AND IS MEANT TO BE EXPLAINED BY ANY OTHER PROVISION SET FORTH HEREIN IN BOTH PRINTED FORM AND THE RIDER ANNEXED HERETO. THE TENANT FURTHER COVENANTS: IF A FIRST FLOOR [VOID] INCREASED FIRE INSURANCE RATE TWENTY-THIRD.--If by reason of the conduct upon the demised premises of a business not herein permitted, but or if by reason of the annual Rent and improper or careless conduct of any business upon or use of the demised premises, the fire insurance rate shall at any time be higher than it otherwise would be, then the Tenant will reimburse the Landlord, as additional rent payable hereunder, for Suite 500 that part of all fire insurance premiums hereafter paid out by the Landlord which shall ▇▇▇▇▇ until have been charged because of the conduct of such business not so permitted, or because of the improper or careless conduct of any business upon or use of the demised premises, and will make such reimbursement upon the first day of the month following such outlay by the Landlord; but this covenant shall not apply to a premium for any period beyond the expiration date of this lease, first above specified. In any action or proceeding wherein the Landlord delivers and Tenant are parties, a schedule or "make up" of rate for the building on the demised premises, purporting to have been issued by New York Fire Insurance Exchange, or other body making fire insurance rates for the demised premises, shall be prima facie evidence of the facts therein stated and of the several items and charges included in the fire insurance rate then applicable to the demised premises. WATER RENT SEWER TWENTY-FOURTH.--If a separate water meter be installed for the demised premises, or any part thereof, the Tenant possession will keep the same in repair and pay the charges made by the municipality or water supply company for or in respect to the consumption of Suite 500.water, as and when bills therefor are rendered. If the demised premises, or any part thereof, be supplied with water through a meter which supplies other premises, the Tenant will pay to the Landlord, as and when bills are rendered therefor, the Tenant's proportionate part of all charges which the municipality or water supply company shall make for all water consumed through said meter, as indicated by said meter. Such proportionate part shall be fixed by apportioning the respective charge according to floor area against all of the rentable floor area in the building (exclusive of the basement) which shall have been occupied during the period of the respective charges, taking into account the period that each part of such area was occupied. Tenant agrees to pay as additional rent the Tenant's proportionate part, determined as aforesaid, of the sewer rent or charge imposed or assessed upon the building of which the premises are a part. ELECTRIC CURRENT
Appears in 1 contract
FIRST. Unless the context otherwise clearly indicates a contrary intent or unless specifically provided herein, each term used in this Agreement which is defined in the Lease shall be deemed to have the meaning ascribed to such term in the Lease. SECOND: For a term commencing as of September 24, 2013 (the “Adjustment Date”) and ending on April 21, 2015, unless sooner terminated in accordance with terms set forth herein or in the Lease, there shall be added to and included in the Existing Premises the following additional space in the Building, to wit: Certain premises known as the Suite 500, 5th floor in the Building, substantially as shown on Exhibit A (the “Added Space”) so that the term “Premises” as defined in the Lease shall mean collectively, the Existing Premises and the Added Space. Landlord does hereby lease to Tenant, and Tenant does hereby hire from Landlord, the Added Space for the same use as set forth in the Lease and for no other use or purposes, subject to all of the covenants, agreements, terms and conditions of the Lease, as supplemented by this Agreement. THIRD: Landlord has not made any representation as to the physical condition or any other matter affecting or relating to the Added Space, and Tenant specifically acknowledges and agrees that no such representation has been made. Tenant further acknowledges that Landlord has afforded Tenant the opportunity for a full and complete investigation, examination and inspection of the Added Space and Tenant agrees to accept same in its “AS IS” condition with no work to be performed by the Landlord whatsoever. Any and all work necessary for Tenant to operate its business in accordance with the terms of the Lease and this Agreement shall be Tenant’s obligation to perform at Tenant’s cost and expense. Tenant shall, as part of Tenant’s work install a climate control thermostat in the demised premises. Tenant will receive a “Rent Credit” up to a maximum amount of One Thousand Dollars ($1,000.00) for the cost of installing said climate control thermostat. Tenant will receive such Rent Credit within thirty (30) days following receipt of Tenant’s invoice and supporting documentation. Notwithstanding anything herein to the contrary, the parties acknowledge and agree that Tenant has requested the existing tenant to leave the following items in the Added Space for Tenant’s use: 1 conference table, 16 conference room chairs, 1 reception desk and 33 built-in sheetrock workstations (collectively, “Existing Furniture and Furnishings”). Landlord has not made any representation as to the condition or any other matter relating to the Existing Furniture and Furnishings. Tenant shall have the right to retain the Existing Furniture and Furnishings, to dispose of and/or use the same in their existing “AS IS” condition. Tenant acknowledges that Landlord shall not be required to repair or replace any of the Existing Furniture and Furnishings. If Landlord is unable to deliver possession of Suite 500 to Tenant on September 24, 2013 due to the holding-over or failure to surrender possession by any tenant, subtenant or occupant, construction or work in the Building or Suite 500, then Landlord shall not, in any such event, be subject to any liability liable for failure to give possession of Suite 500 on said the premises upon commencement date and by reason of the validity of this Agreement and fact that premises are not ready for occupancy, or due to a prior Tenant wrongfully holding over or any other person wrongfully in possession or for any other reason: in such event the Lease rent shall not commence until possession is given or is available, but the term herein shall not be impaired under such circumstancesextended. ***This provision alludes to the minimum access granted to Landlord and is meant t[Illegible] THE TENANT FURTHER COVENANTS: IF A FIRST FLOOR [VOID] INCREASED FIRE INSURANCE RATE TWENTY-THIRD.--If by reason of the conduct upon the demised premises of a business not herein permitted, but or if by reason of the annual Rent and improper or careless conduct of any business upon or use of the demised premises, the fire insurance rate shall at any time be higher than it otherwise would be, then the Tenant will reimburse the Landlord, as additional rent payable hereunder, for Suite 500 that part of all fire insurance premiums hereafter paid out by the Landlord which shall ▇▇▇▇▇ until have been charged because of the conduct of such business not so permitted, or because of the improper or careless conduct of any business upon or use of the demised premises, and will make such reimbursement upon the first day of the month following such outlay by the Landlord; but this covenant shall not apply to a premium for any period beyond the expiration date of this lease, first above specified. In any action or proceeding wherein the Landlord delivers and Tenant are parties, a schedule or "make up" of rate for the building on the demised premises, purporting to have been issued by New York Fire Insurance Exchange, or other body making fire insurance rates for the demised premises, shall be prima facie evidence of the facts therein stated and of the several items and charges included in the fire insurance rate then applicable to the demised premises. WATER RENT SEWER TWENTY-FOURTH.--If a separate water meter be installed for the demised premises, or any part thereof, the Tenant possession will keep the same in repair and pay the charges made by the municipality or water supply company for or in respect to the consumption of Suite 500.water, as and when bills therefor are rendered. If the demised premises, or any part thereof, be supplied with water through a meter which supplies other premises, the Tenant will pay to the Landlord, as and when bills are rendered therefor, the Tenant's proportionate part of all charges which the municipality or water supply company shall make for all water consumed through said meter, as indicated by said meter. Such proportionate part shall be fixed by apportioning the respective charge according to floor area against all of the rentable floor area in the building (exclusive of the basement) which shall have been occupied during the period of the respective charges, taking into account the period that each part of such area was occupied. Tenant agrees to pay as additional rent the Tenant's proportionate part, determined as aforesaid, of the sewer rent or charge imposed or assessed upon the building of which the premises are a part. ELECTRIC CURRENT
Appears in 1 contract
FIRST. Unless Tenant hereby agrees to, and shall, vacate and surrender the context otherwise clearly indicates a contrary intent Surrender Premises to Landlord free of all occupants and of all rights of any other party, as tenant, subtenant or unless specifically provided hereinother occupant and encumbrances, each term used in accordance with the Lease provisions pertinent thereto, including without limitation Articles 3 and 22 thereof and with Tenant’s Work (as hereinafter defined) completed and fully paid for; and the actual date Tenant so surrenders the Surrender Premises in accordance with this Agreement which is defined and complies with the obligations set forth in the Lease Article Fourth hereof shall be deemed the “Surrender Date”. Tenant covenants that it has not done or suffered anything to be done whereby the Surrender Premises have been encumbered in any way whatsoever, and that the meaning ascribed to such term Surrender Premises shall not be in any way encumbered on the LeaseSurrender Date. SECOND: For a term commencing Effective as of September 24the Surrender Date, 2013 (Tenant hereby surrenders to Landlord the “Adjustment Date”) term and ending on April 21, 2015, unless sooner terminated estate granted under the Lease with respect to the Surrender Premises with the intent and purpose that the estate of Tenant in accordance with terms set forth herein or in and to the Lease, there Surrender Premises shall be added to extinguished in its entirety and included in the Existing Premises the following additional space in the Building, to wit: Certain premises known as the Suite 500, 5th floor in the Building, substantially as shown on Exhibit A (the “Added Space”) so that the term “Premises” as defined in of the Lease with respect to the Surrender Premises only shall mean collectively, expire on the Existing Premises and Surrender Date as if such date were the Added Space. Landlord does hereby lease to Tenant, and Tenant does hereby hire from Landlord, the Added Space for the same use as set forth in the Lease and for no other use or purposes, subject to all of the covenants, agreements, terms and conditions original expiration date of the Lease, as supplemented by subject, however, to the terms of this Agreement. THIRD: Effective as of the Surrender Date, Landlord has shall have the full, unhindered and unlimited right to access and use the Surrender Premises, at all times for any purpose as Landlord may require. Tenant shall not made any representation as prevent, delay, restrict or interfere with the Landlord’s use of or access to the physical condition or Surrender Premises in any other matter affecting or relating way. All property to be removed by Tenant pursuant to the Added Space, and Tenant specifically acknowledges and agrees that no such representation has been made. Tenant further acknowledges that Landlord has afforded Tenant Lease remaining in the opportunity for a full and complete investigation, examination and inspection of Surrender Premises after the Added Space and Tenant agrees to accept same in its “AS IS” condition with no work to be performed by the Landlord whatsoever. Any and all work necessary for Tenant to operate its business in accordance with the terms of the Lease and this Agreement Surrender Date shall be Tenantdeemed abandoned and may. at the election of Landlord, either be retained as Landlord’s obligation to perform property or removed from the Surrender Premises by Landlord, at Tenant’s sole cost and expense. Tenant shall, which shall be payable as part of Tenant’s work install a climate control thermostat in the demised premises. Tenant will receive a “Rent Credit” up to a maximum amount of One Thousand Dollars ($1,000.00) for the cost of installing said climate control thermostat. Tenant will receive such Rent Credit within thirty (30) days following receipt of Tenant’s invoice and supporting documentation. Notwithstanding anything herein to the contrary, the parties acknowledge and agree that Tenant has requested the existing tenant to leave the following items in the Added Space for Tenant’s use: 1 conference table, 16 conference room chairs, 1 reception desk and 33 built-in sheetrock workstations (collectively, “Existing Furniture and Furnishings”). Landlord has not made any representation as to the condition or any other matter relating to the Existing Furniture and Furnishings. Tenant shall have the right to retain the Existing Furniture and Furnishings, to dispose of and/or use the same in their existing “AS IS” condition. Tenant acknowledges that Landlord shall not be required to repair or replace any of the Existing Furniture and Furnishings. If Landlord is unable to deliver possession of Suite 500 to Tenant on September 24, 2013 due to the holding-over or failure to surrender possession by any tenant, subtenant or occupant, construction or work in the Building or Suite 500, then Landlord shall not, in any such event, be subject to any liability for failure to give possession of Suite 500 on said date and the validity of this Agreement and the Lease shall not be impaired under such circumstances, but the annual Rent and additional rent payable for Suite 500 shall ▇▇▇▇▇ until Landlord delivers to Tenant possession of Suite 500under the Lease.
Appears in 1 contract
FIRST. Unless the context otherwise clearly indicates a contrary intent or unless specifically provided herein, each term used in this Agreement which is defined in the Lease shall be deemed to have the meaning ascribed to such term in the Lease. SECOND: For a term commencing as of September 24, 2013 (the “Adjustment Date”) and ending on April 21, 2015, unless sooner terminated in accordance with terms set forth herein or in the Lease, there shall be added to and included in the Existing Premises the following additional space in the Building, to wit: Certain premises known as the Suite 500, 5th floor in the Building, substantially as shown on Exhibit A (the “Added Space”) so that the term “Premises” as defined in the Lease shall mean collectively, the Existing Premises and the Added Space. Landlord does hereby lease to Tenant, and Tenant does hereby hire from Landlord, the Added Space for the same use as set forth in the Lease and for no other use or purposes, subject to all of the covenants, agreements, terms and conditions of the Lease, as supplemented by this Agreement. THIRD: Landlord has not made any representation as to the physical condition or any other matter affecting or relating to the Added Space, and Tenant specifically acknowledges and agrees that no such representation has been made. Tenant further acknowledges that Landlord has afforded Tenant the opportunity for a full and complete investigation, examination and inspection of the Added Space and Tenant agrees to accept same in its “AS IS” condition with no work to be performed by the Landlord whatsoever. Any and all work necessary for Tenant to operate its business in accordance with the terms of the Lease and this Agreement shall be Tenant’s obligation to perform at Tenant’s cost and expense. Tenant shall, as part of Tenant’s work install a climate control thermostat in the demised premises. Tenant will receive a “Rent Credit” up to a maximum amount of One Thousand Dollars ($1,000.00) for the cost of installing said climate control thermostat. Tenant will receive such Rent Credit within thirty (30) days following receipt of Tenant’s invoice and supporting documentation. Notwithstanding anything herein to the contrary, the parties acknowledge and agree that Tenant has requested the existing tenant to leave the following items in the Added Space for Tenant’s use: 1 conference table, 16 conference room chairs, 1 reception desk and 33 built-in sheetrock workstations (collectively, “Existing Furniture and Furnishings”). Landlord has not made any representation as to the condition or any other matter relating to the Existing Furniture and Furnishings. Tenant shall have the right to retain the Existing Furniture and Furnishings, to dispose of and/or use the same in their existing “AS IS” condition. Tenant acknowledges that Landlord shall not be required to repair or replace any of the Existing Furniture and Furnishings. If Landlord is unable to deliver possession of Suite 500 to Tenant on September 24, 2013 due to the holding-over or failure to surrender possession by any tenant, subtenant or occupant, construction or work in the Building or Suite 500, then Landlord shall not, in any such event, be subject to any liability liable for failure to give possession of Suite 500 on said the premises upon commencement date and by reason of the validity of this Agreement and fact that premises are not ready for occupancy, or due to a prior Tenant wrongfully holding over or any other person wrongfully in possession or for any other reason; in such event the Lease rent shall not commence until possession is given or is available, but the term herein shall not be impaired under such circumstancesextended. THE TENANT FURTHER COVENANTS: IF A FIRST FLOOR TWENTY-SECOND.--If the demised premises or any part thereof consist of a store, but or of a first floor, or of any part thereof, the annual Rent Tenant will keep the sidewalk and curb in front thereof clean at all times and free from snow and ice, and will keep insured in favor of the Landlord, all plate glass therein and furnish the Landlord with policies of insurance covering the same. INCREASED FIRE INSURANCE RATE TWENTY-THIRD.--If by reason of the conduct upon the demised premises of a business not herein permitted, or if by reason of the improper or careless conduct of any business upon or use of the demised premises, the fire insurance rate shall at any time be higher than it otherwise would be, then the Tenant will reimburse the Landlord, as additional rent payable hereunder, for Suite 500 that part of all fire insurance premiums hereafter paid out by the Landlord which shall ▇▇▇▇▇ until have been charged because of the conduct of such business not so permitted, or because of the improper or careless conduct of any business upon or use of the demised premises, and will make such reimbursement upon the first day of the month following such outlay by the Landlord; but this covenant shall not apply to a premium for any period beyond the expiration date of this lease, first above specified. In any action or proceeding wherein the Landlord delivers and the Tenant are parties, a schedule or "make up" of rate for the building on the demised premises, purporting to Tenant possession have been issued by New York Fire Insurance Exchange, or other body making fire insurance rates for the demised premises, shall be prima facie evidence of Suite 500.the facts therein stated and of the several items and charges included in the fire insurance rate then applicable to the demised premises. WATER RENT SEWER
Appears in 1 contract
FIRST. Unless the context otherwise clearly indicates a contrary intent or unless specifically provided herein, each term used in this Agreement which is defined in the Lease shall be deemed to have the meaning ascribed to such term in the Lease. SECOND: For a term commencing as of September 24, 2013 (the “Adjustment Date”) and ending on April 21, 2015, unless sooner terminated in accordance with terms set forth herein or in the Lease, there shall be added to and included in the Existing Premises the following additional space in the Building, to wit: Certain premises known as the Suite 500, 5th floor in the Building, substantially as shown on Exhibit A (the “Added Space”) so that the term “Premises” as defined in the Lease shall mean collectively, the Existing Premises and the Added Space. Landlord does hereby lease to Tenant, and Tenant does hereby hire from Landlord, the Added Space for the same use as set forth in the Lease and for no other use or purposes, subject to all of the covenants, agreements, terms and conditions of the Lease, as supplemented by this Agreement. THIRD: Landlord has not made any representation as to the physical condition or any other matter affecting or relating to the Added Space, and Tenant specifically acknowledges and agrees that no such representation has been made. Tenant further acknowledges that Landlord has afforded Tenant the opportunity for a full and complete investigation, examination and inspection of the Added Space and Tenant agrees to accept same in its “AS IS” condition with no work to be performed by the Landlord whatsoever. Any and all work necessary for Tenant to operate its business in accordance with the terms of the Lease and this Agreement shall be Tenant’s obligation to perform at Tenant’s cost and expense. Tenant shall, as part of Tenant’s work install a climate control thermostat in the demised premises. Tenant will receive a “Rent Credit” up to a maximum amount of One Thousand Dollars ($1,000.00) for the cost of installing said climate control thermostat. Tenant will receive such Rent Credit within thirty (30) days following receipt of Tenant’s invoice and supporting documentation. Notwithstanding anything herein to the contrary, the parties acknowledge and agree that Tenant has requested the existing tenant to leave the following items in the Added Space for Tenant’s use: 1 conference table, 16 conference room chairs, 1 reception desk and 33 built-in sheetrock workstations (collectively, “Existing Furniture and Furnishings”). Landlord has not made any representation as to the condition or any other matter relating to the Existing Furniture and Furnishings. Tenant shall have the right to retain the Existing Furniture and Furnishings, to dispose of and/or use the same in their existing “AS IS” condition. Tenant acknowledges that Landlord shall not be required to repair or replace any of the Existing Furniture and Furnishings. If Landlord is unable to deliver possession of Suite 500 to Tenant on September 24, 2013 due to the holding-over or failure to surrender possession by any tenant, subtenant or occupant, construction or work in the Building or Suite 500, then Landlord shall not, in any such event, be subject to any liability liable for failure to give possession of Suite 500 on said the premises upon commencement date and by reason of the validity of this Agreement and fact that premises are not ready for occupancy, or due to a prior Tenant wrongfully holding over or any other person wrongfully in possession or for any other reason: in such event the Lease rent shall not commence until possession is given or is available, but the term herein shall not be impaired under such circumstancesextended. THE TENANT FURTHER COVENANTS: IF A FIRST FLOOR [VOID] INCREASED FIRE INSURANCE RATE TWENTY-THIRD.--If by reason of the conduct upon the demised premises of a business not herein permitted, but or if by reason of the annual Rent and improper or careless conduct of any business upon or use of the demised premises, the fire insurance rate shall at any time be higher than it otherwise would be, then the Tenant will reimburse the Landlord, as additional rent payable hereunder, for Suite 500 that part of all fire insurance premiums hereafter paid out by the Landlord which shall ▇▇▇▇▇ until have been charged because of the conduct of such business not so permitted, or because of the improper or careless conduct of any business upon or use of the demised premises, and will make such reimbursement upon the first day of the month following such outlay by the Landlord; but this covenant shall not apply to a premium for any period beyond the expiration date of this lease, first above specified. In any action or proceeding wherein the Landlord delivers and Tenant are parties, a schedule or "make up" of rate for the building on the demised premises, purporting to Tenant possession have been issued by New York Fire Insurance Exchange, or other body making fire insurance rates for the demised premises, shall be prima facie evidence of Suite 500.the facts therein stated and of the several items and charges included in the fire insurance rate then applicable to the demised premises. WATER RENT SEWER
Appears in 1 contract
FIRST. Unless the context otherwise clearly indicates a contrary intent or unless specifically provided hereinTENANT-ASSIGNOR hereby assigns, each term used in this Agreement which is defined in transfers and sets over unto ASSIGNEE all of TENANT- ASSIGNOR'S right, title and interest as Tenant under the Lease shall be deemed to have as of the meaning ascribed to such term in the Leasedate of this Agreement. SECOND: For a term commencing ASSIGNEE, for the benefit of OWNER and TENANT-ASSIGNOR, hereby agrees to assume, keep, observe and perform each and every one of the terms, covenants and conditions of the Lease on Tenant's part to be observed or performed including, but not limited to, all obligations of the Tenant under the Lease originating or accruing from and after the date of this Agreement, all with the same force and effect as of September 24, 2013 (if ASSIGNEE had executed the “Adjustment Date”) and ending on April 21, 2015, unless sooner terminated in accordance with terms set forth herein or in the Lease, there shall be added to and included in the Existing Premises the following additional space in the Building, to wit: Certain premises known Lease as the Suite 500, 5th floor in the Building, substantially as shown on Exhibit A (the “Added Space”) so Tenant originally named therein. ASSIGNEE hereby agrees that the term “Premises” as defined in the Lease shall mean collectively, the Existing Demised Premises and the Added Space. Landlord does hereby lease to Tenant, and Tenant does hereby hire from Landlord, the Added Space will be used solely for the same use as purpose set forth in Article 2 of the Lease and for no other use purpose and use. THIRD: TENANT-ASSIGNOR and ASSIGNEE represent and warrant to OWNER that the Lease and Demised Premises are not encumbered by any prior transfer, assignment, mortgage, lien, assessment or purposesencumbrance of whatever nature, subject and [insert Alternate 1 or 2, whichever applies: Alternate 1: TENANT- ASSIGNOR and ASSIGNEE represent and warrant to all of the covenants, agreements, terms and conditions of the Lease, as supplemented by OWNER that no broker is responsible for bringing about this Agreement. THIRDAlternate 2: Landlord has TENANT-ASSIGNOR and ASSIGNEE represent and warrant to OWNER that ______________, (referred to herein as "Broker") is the sole broker with whom TENANT-ASSIGNOR and 97 ASSIGNEE negotiated in bringing about this Agreement. TENANT-ASSIGNOR and ASSIGNEE agree to indemnify Owner and save Owner harmless from and against all loss, cost, liability, damage and expense, including, but not made limited to, reasonable counsel fees and disbursements, arising from any representation as to the physical condition claim for a brokerage commission or other compensation by Broker or any other matter affecting broker or relating to the Added Space, and Tenant specifically acknowledges and agrees that no such representation has been made. Tenant further acknowledges that Landlord has afforded Tenant the opportunity for a full and complete investigation, examination and inspection of the Added Space and Tenant agrees to accept same person in its “AS IS” condition with no work to be performed by the Landlord whatsoever. Any and all work necessary for Tenant to operate its business in accordance connection with the terms of the Lease execution and this Agreement shall be Tenant’s obligation to perform at Tenant’s cost and expense. Tenant shall, as part of Tenant’s work install a climate control thermostat in the demised premises. Tenant will receive a “Rent Credit” up to a maximum amount of One Thousand Dollars ($1,000.00) for the cost of installing said climate control thermostat. Tenant will receive such Rent Credit within thirty (30) days following receipt of Tenant’s invoice and supporting documentation. Notwithstanding anything herein to the contrary, the parties acknowledge and agree that Tenant has requested the existing tenant to leave the following items in the Added Space for Tenant’s use: 1 conference table, 16 conference room chairs, 1 reception desk and 33 built-in sheetrock workstations (collectively, “Existing Furniture and Furnishings”). Landlord has not made any representation as to the condition or any other matter relating to the Existing Furniture and Furnishings. Tenant shall have the right to retain the Existing Furniture and Furnishings, to dispose of and/or use the same in their existing “AS IS” condition. Tenant acknowledges that Landlord shall not be required to repair or replace any of the Existing Furniture and Furnishings. If Landlord is unable to deliver possession of Suite 500 to Tenant on September 24, 2013 due to the holding-over or failure to surrender possession by any tenant, subtenant or occupant, construction or work in the Building or Suite 500, then Landlord shall not, in any such event, be subject to any liability for failure to give possession of Suite 500 on said date and the validity delivery of this Agreement and the Lease shall not be impaired under such circumstances, but the annual Rent and additional rent payable for Suite 500 shall ▇▇▇▇▇ until Landlord delivers to Tenant possession of Suite 500transaction contemplated by this Agreement.]
Appears in 1 contract
FIRST. Unless the context otherwise clearly indicates a contrary intent or unless specifically provided herein, each term used in this Agreement which is defined in the Lease shall be deemed to have the meaning ascribed to such term in the Lease. SECOND: For a term commencing as of September 24, 2013 (the “Adjustment Date”) and ending on April 21, 2015, unless sooner terminated in accordance with terms set forth herein or in the Lease, there shall be added to and included in the Existing Premises the following additional space in the Building, to wit: Certain premises known as the Suite 500, 5th floor in the Building, substantially as shown on Exhibit A (the “Added Space”) so that the term “Premises” as defined in the Lease shall mean collectively, the Existing Premises and the Added Space. Landlord does hereby lease to Tenant, and Tenant does hereby hire from Landlord, the Added Space for the same use as set forth in the Lease and for no other use or purposes, subject to all of the covenants, agreements, terms and conditions of the Lease, as supplemented by this Agreement. THIRD: Landlord has not made any representation as to the physical condition or any other matter affecting or relating to the Added Space, and Tenant specifically acknowledges and agrees that no such representation has been made. Tenant further acknowledges that Landlord has afforded Tenant the opportunity for a full and complete investigation, examination and inspection of the Added Space and Tenant agrees to accept same in its “AS IS” condition with no work to be performed by the Landlord whatsoever. Any and all work necessary for Tenant to operate its business in accordance with the terms of the Lease and this Agreement shall be Tenant’s obligation to perform at Tenant’s cost and expense. Tenant shall, as part of Tenant’s work install a climate control thermostat in the demised premises. Tenant will receive a “Rent Credit” up to a maximum amount of One Thousand Dollars ($1,000.00) for the cost of installing said climate control thermostat. Tenant will receive such Rent Credit within thirty (30) days following receipt of Tenant’s invoice and supporting documentation. Notwithstanding anything herein to the contrary, the parties acknowledge and agree that Tenant has requested the existing tenant to leave the following items in the Added Space for Tenant’s use: 1 conference table, 16 conference room chairs, 1 reception desk and 33 built-in sheetrock workstations (collectively, “Existing Furniture and Furnishings”). Landlord has not made any representation as to the condition or any other matter relating to the Existing Furniture and Furnishings. Tenant shall have the right to retain the Existing Furniture and Furnishings, to dispose of and/or use the same in their existing “AS IS” condition. Tenant acknowledges that Landlord shall not be required to repair or replace any of the Existing Furniture and Furnishings. If Landlord is unable to deliver possession of Suite 500 to Tenant on September 24, 2013 due to the holding-over or failure to surrender possession by any tenant, subtenant or occupant, construction or work in the Building or Suite 500, then Landlord shall not, in any such event, be subject to any liability liable for failure to give possession of Suite 500 on said the premises upon commencement date and by reason of the validity of this Agreement and fact that premises are not ready for occupancy, or due to a prior Tenant wrongfully holding over or any other person wrongfully in possession or for any other reason; in such event the Lease rent shall not commence until possession to given or is available, but the term herein shall not be impaired under such circumstancesextended. [Landlord's Initials] [Tenant's Initials] THE TENANT FURTHER COVENANTS: IF A FIRST FLOOR TWENTY-SECOND.--If the demised premises or any part thereof consist of a store or of a first floor, but or of any part thereof, the annual Rent Tenant will keep the sidewalk and curb in front thereof clear at all times and free from snow and ice, and will keep insured in favor of the Landlord, all plate glass therein and furnish the Landlord with policies of insurance covering the same. INCREASED FIRE INSURANCE RATE TWENTY-THIRD.--If by reason of the conduct upon the demised premises of a business not herein permitted, or if by reason of the improper or careless conduct of any business upon or use of the demised premises, the insurance rate shall at any time be higher than it otherwise would be, then the Tenant will reimburse the Landlord, as additional rent payable hereunder, for Suite 500 that part of all fire insurance premiums hereafter paid out by the Landlord which shall ▇▇▇▇▇ until have been charged because of the conduct of such business not so permitted, or because of the improper or careless conduct of any business upon or use of the demised premises, and will make such reimbursement upon the first day of the month following such outlay by the Landlord; but this covenant shall not apply to a premium for any period beyond the expiration date of this lease, first above specified. In any action or proceeding wherein the Landlord delivers and Tenant are parties, a schedule or "make up" of rate for the building on the demised premises, purporting to Tenant possession have been issued by New York Fire Insurance Exchange, or other body making fire insurance rates for the demised premises, shall be prima facie evidence of Suite 500.the facts therein stated and of the several items and charges included in the fire insurance rate then applicable to the demised premises. WATER RENT SEWER
Appears in 1 contract
FIRST. Unless the context otherwise clearly indicates a contrary intent or unless specifically provided herein, each term used in this Agreement which is defined in the Lease shall be deemed to have the meaning ascribed to such term in the Lease. SECOND: For a term commencing as of September 24, 2013 (the “Adjustment Date”) and ending on April 21, 2015, unless sooner terminated in accordance with terms set forth herein or in the Lease, there shall be added to and included in the Existing Premises the following additional space in the Building, to wit: Certain premises known as the Suite 500, 5th floor in the Building, substantially as shown on Exhibit A (the “Added Space”) so that the term “Premises” as defined in the Lease shall mean collectively, the Existing Premises and the Added Space. Landlord does hereby lease to Tenant, and Tenant does hereby hire from Landlord, the Added Space for the same use as set forth in the Lease and for no other use or purposes, subject to all of the covenants, agreements, terms and conditions of the Lease, as supplemented by this Agreement. THIRD: Landlord has not made any representation as to the physical condition or any other matter affecting or relating to the Added Space, and Tenant specifically acknowledges and agrees that no such representation has been made. Tenant further acknowledges that Landlord has afforded Tenant the opportunity for a full and complete investigation, examination and inspection of the Added Space and Tenant agrees to accept same in its “AS IS” condition with no work to be performed by the Landlord whatsoever. Any and all work necessary for Tenant to operate its business in accordance with the terms of the Lease and this Agreement shall be Tenant’s obligation to perform at Tenant’s cost and expense. Tenant shall, as part of Tenant’s work install a climate control thermostat in the demised premises. Tenant will receive a “Rent Credit” up to a maximum amount of One Thousand Dollars ($1,000.00) for the cost of installing said climate control thermostat. Tenant will receive such Rent Credit within thirty (30) days following receipt of Tenant’s invoice and supporting documentation. Notwithstanding anything herein to the contrary, the parties acknowledge and agree that Tenant has requested the existing tenant to leave the following items in the Added Space for Tenant’s use: 1 conference table, 16 conference room chairs, 1 reception desk and 33 built-in sheetrock workstations (collectively, “Existing Furniture and Furnishings”). Landlord has not made any representation as to the condition or any other matter relating to the Existing Furniture and Furnishings. Tenant shall have the right to retain the Existing Furniture and Furnishings, to dispose of and/or use the same in their existing “AS IS” condition. Tenant acknowledges that Landlord shall not be required to repair or replace any of the Existing Furniture and Furnishings. If Landlord is unable to deliver possession of Suite 500 to Tenant on September 24, 2013 due to the holding-over or failure to surrender possession by any tenant, subtenant or occupant, construction or work in the Building or Suite 500, then Landlord shall not, in any such event, be subject to any liability liable for failure to give possession of Suite 500 on said the premises upon commencement date and by reason of the validity of this Agreement and fact that premises are not ready for occupancy, or due to a prior Tenant wrongfully holding over or any other person wrongfully in possession or for any other reason: in such event the Lease rent shall not commence until possession is given or is available, but the term herein shall not be impaired under such circumstancesextended. THE TENANT FURTHER COVENANTS: IF A FIRST FLOOR TWENTY-SECOND.--If the demised premises or any part thereof consist of a store, but or of a first floor, or of any part thereof, the annual Rent Tenant will keep the sidewalk and curb in front thereof clean at all times and free from snow and ice, and will keep insured in favor of the Landlord, all plate glass therein and furnish the Landlord with policies of insurance covering the same. INCREASED FIRE INSURANCE RATE TWENTY-THIRD.--If by reason of the conduct upon the demised premises of a business not herein permitted, or if by reason of the improper or careless conduct of any business upon or use of the demised premises, the fire insurance rate shall at any time be higher than it otherwise would be, then the Tenant will reimburse the Landlord, as additional rent payable hereunder, for Suite 500 that part of all fire insurance premiums hereafter paid out by the Landlord which shall ▇▇▇▇▇ until have been charged because of the conduct of such business not so permitted, or because of the improper or careless conduct of any business upon or use of the demised premises, and will make such reimbursement upon the first day of the month following such outlay by the Landlord; but this covenant shall not apply to a premium for any period beyond the expiration date of this lease, first above specified. In any action or proceeding wherein the Landlord delivers and the Tenant are parties, a schedule or "make up" of rate for the building on the demised premises, purporting to have been issued by New York Fire Insurance Exchange, or other body making fire insurance rates for the demised premises, shall be prima facie evidence of the facts therein stated and of the several items and charges included in the fire insurance rate then applicable to the demised premises. WATER RENT SEWER TWENTY-FOURTH.--If a separate water meter be installed for the demised premises, or any part thereof, the Tenant possession will keep the same in repair and pay the charges made by the municipality or water supply company for or in respect to the consumption of Suite 500.water, as and when bills therefor are rendered. If the demised premises, or any part thereof, be supplied with water through a meter which supplies other premises, the Tenant will pay to the Landlord, as and when bills are rendered therefor, the Tenant's proportionate part of all charges which the municipality or water supply company shall made for all water consumed through said meter, as indicated by said meter. Such proportionate part shall be fixed by apportioning the respective charge according to floor area against all of the rentable floor area in the building (exclusive of the basement) which shall have been occupied during the period of the respective charges, taking into account the period that each part of such area was occupied. Tenant agrees to pay as additional rent the Tenant's proportionate part, determined as aforesaid, of the sewer rent or charge imposed or assessed upon the building of which the premises are a part. ELECTRIC CURRENT
Appears in 1 contract
FIRST. Unless the context otherwise clearly indicates a contrary intent or unless specifically provided herein, each term used in this Agreement which is defined in the Lease shall be deemed to have the meaning ascribed to such term in the Lease. SECOND: For a term commencing as of September 24, 2013 (the “Adjustment Date”) and ending on April 21, 2015, unless sooner terminated in accordance with terms set forth herein or in the Lease, there shall be added to and included in the Existing Premises the following additional space in the Building, to wit: Certain premises known as the Suite 500, 5th floor in the Building, substantially as shown on Exhibit A (the “Added Space”) so that the term “Premises” as defined in the Lease shall mean collectively, the Existing Premises and the Added Space. Landlord does hereby lease to Tenant, and Tenant does hereby hire from Landlord, the Added Space for the same use as set forth in the Lease and for no other use or purposes, subject to all of the covenants, agreements, terms and conditions of the Lease, as supplemented by this Agreement. THIRD: Landlord has not made any representation as to the physical condition or any other matter affecting or relating to the Added Space, and Tenant specifically acknowledges and agrees that no such representation has been made. Tenant further acknowledges that Landlord has afforded Tenant the opportunity for a full and complete investigation, examination and inspection of the Added Space and Tenant agrees to accept same in its “AS IS” condition with no work to be performed by the Landlord whatsoever. Any and all work necessary for Tenant to operate its business in accordance with the terms of the Lease and this Agreement shall be Tenant’s obligation to perform at Tenant’s cost and expense. Tenant shall, as part of Tenant’s work install a climate control thermostat in the demised premises. Tenant will receive a “Rent Credit” up to a maximum amount of One Thousand Dollars ($1,000.00) for the cost of installing said climate control thermostat. Tenant will receive such Rent Credit within thirty (30) days following receipt of Tenant’s invoice and supporting documentation. Notwithstanding anything herein to the contrary, the parties acknowledge and agree that Tenant has requested the existing tenant to leave the following items in the Added Space for Tenant’s use: 1 conference table, 16 conference room chairs, 1 reception desk and 33 built-in sheetrock workstations (collectively, “Existing Furniture and Furnishings”). Landlord has not made any representation as to the condition or any other matter relating to the Existing Furniture and Furnishings. Tenant shall have the right to retain the Existing Furniture and Furnishings, to dispose of and/or use the same in their existing “AS IS” condition. Tenant acknowledges that Landlord shall not be required to repair or replace any of the Existing Furniture and Furnishings. If Landlord is unable to deliver possession of Suite 500 to Tenant on September 24, 2013 due to the holding-over or failure to surrender possession by any tenant, subtenant or occupant, construction or work in the Building or Suite 500, then Landlord shall not, in any such event, be subject to any liability liable for failure to give possession of Suite 500 on said the premises upon commencement date and by reason of the validity of this Agreement and fact that premises are not ready for occupancy, or due to a prior Tenant wrongfully holding over or any other person wrongfully in possession or for any other reason: in such event the Lease rent shall not commence until possession is given or is available, but the term herein shall not be impaired under such circumstancesextended. THE TENANT FURTHER COVENANTS: IF A FIRST FLOOR INCREASED FIRE INSURANCE RATE TWENTY-THIRD.--If by reason of the conduct upon the demised premises of a business not herein permitted, but or if by reason of the annual Rent and improper or careless conduct of any business upon or use of the demised premises, the fire insurance rate shall at any time be higher than it otherwise would be, then the Tenant will reimburse the Landlord, as additional rent payable hereunder, for Suite 500 that part of all fire insurance premiums hereafter paid out by time Landlord which shall ▇▇▇▇▇ until have been charged because of the conduct of such business not so permitted, or because of the improper or careless conduct of any business upon or use of the demised premises, and will make such reimbursement upon the first day of the month following such outlay by the Landlord; but this covenant shall not apply to a premium for any period beyond the expiration date of this lease, first above specified. In any action or proceeding wherein the Landlord delivers and Tenant are parties, a schedule or "make up" of rate for the building on the demised premises, purporting to have been issued by New York Fire Insurance Exchange, or other body making fire insurance rates for the demised premises, shall be prima facie evidence of the facts therein stated and of the several items and charges included in the fire insurance rate then applicable to the demised premises. WATER RENT SEWER TWENTY-FOURTH.--If a separate water meter be installed for the demised premises, or any part thereof, the Tenant possession will keep the same in repair and pay the charges made by the municipality or water supply company for or in respect to the consumption of Suite 500.water, as and when bills therefor are rendered. If the demised premises, or any part thereof, be supplied with water through a meter which supplies other premises, the Tenant will pay to the Landlord, as and when bills are rendered therefor, the Tenant's proportionate part of all charges which time municipality or water supply company shall make for all water consumed through said meter, as indicated by said meter. Such proportionate part shall be fixed by apportioning the respective charge according to floor area against all of the rentable floor area in the building (exclusive of time basement) which shall have been occupied during the period of the respective charges, taking into account the period that each part of such area was occupied. Tenant agrees to pay as additional rent the Tenant's proportionate part determined as aforesaid, of the sewer rent or charge imposed or assessed upon the building of which the premises are a part. ELECTRIC CURRENT
Appears in 1 contract
Sources: Lease Agreement (National Medical Health Card Systems Inc)