Common use of Grant and Term Clause in Contracts

Grant and Term. 2.1 In consideration of the rents, covenants, agreements and conditions hereinafter provided to be paid, kept, performed and observed, Landlord leases to Tenant and Tenant hereby hires from Landlord the Premises described in Section 1.1(C). 2.2 Tenant shall have and hold the Premises for and during the Lease Term described in Section 1.1(G), subject to the payment of the Rent and to the full and timely performance by Tenant of the covenants and conditions hereinafter set forth. 2.3 Landlord agrees that Tenant may enter the Premises prior to the Commencement Date for the sole purpose of performing any improvements therein or installing furniture, equipment, wiring and cabling, or other personal property of Tenant (the “Early Entry”) provided that such Early Entry shall be subject to all of the terms and conditions contained in this Lease (other than the payment of Base Rent and Tenant’s Proportionate Share of Common Area Expenses), including, without limitation, Tenant’s insurance and indemnity obligations as contained in this Lease and Section 6.1. Prior to any such Early Entry, Tenant shall provide Landlord with certificates of insurance or other evidence acceptable to Landlord evidencing Tenant’s compliance with its insurance obligations. In the event that Tenant’s Early Entry interferes with or otherwise disrupts Landlord’s operations or the operations of other tenants in the Building, Landlord may terminate Tenant’s right to Early Entry. In the event Tenant substantially completes the Initial Alterations in accordance with the Work Letter and obtains a Certificate of Occupancy from the City of Austin, Texas for use and occupancy of the Premises prior to the beginning of the Commencement Date, Tenant shall have the right to move in and occupy the Premises and such occupancy shall be in addition to the Term provided for herein and all the provisions of this Lease shall be in full force and effect upon Tenant’s so taking possession for such occupancy, except that Tenant shall not be required to pay Rent with respect to the period of time prior to the Commencement Date during which Tenant occupies the Premises. Notwithstanding anything herein to the contrary, in such event, the Commencement Date for all purposes under this Lease shall be November 16, 2010.

Appears in 2 contracts

Sources: Industrial Space Lease (XBiotech Inc.), Industrial Space Lease (XBiotech Inc.)

Grant and Term. 2.1 In I.1 Landlord, for and in consideration of the rents, covenants, rents herein reserved and the covenants and agreements and conditions hereinafter provided herein contained which are to be paidperformed by Tenant, kept, performed and observed, Landlord hereby leases to Tenant Tenant, and Tenant hereby hires leases from Landlord Landlord, the Premises real estate and improvements thereon commonly known as 1641 ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ more particularly described in Section 1.1(Con Exhibit A attached hereto and made a part hereof, together with all rights, privileges and appurtenances thereto (collectively the "Demised Premises"). 2.2 Tenant I.2 Subject to the terms and provisions of Section 1.3 hereof, this Lease shall have commence on the Commencement Date (as hereinafter defined) and hold expire on April 30, 2004 (the Premises for and during the Lease Term described in Section 1.1(G"Expiration Date"), subject unless sooner terminated or extended as hereinafter provided. I.3 Reference is made to that certain Assets Purchase Agreement, dated as of April 16, 1999, by and between Pactuco, Inc. ("Pactuco"), as seller, and Tenant, as buyer (the "Assets Purchase Agreement"). This Lease is contingent upon Tenant acquiring all of the assets of the plastic packaging business of Pactuco pursuant to the payment Assets Purchase Agreement, and the commencement date (the "Commencement Date") shall be the date of the Rent and closing of the sale contemplated thereby (the "Closing"). Landlord shall be required to deliver possession of the full and timely performance by Demised Premises to Tenant of at the Closing. I.4 So long as Tenant is not in default under the covenants and conditions hereinafter set forthagreements of this Lease, Tenant's quiet and peaceable enjoyment of the Demised Premises shall not be disturbed or interfered with by Landlord or by any person claiming by, through or under Landlord. 2.3 Landlord agrees that I.5 So long as Tenant may enter is not in default under the Premises prior to the Commencement Date for the sole purpose covenants and agreements of performing any improvements therein or installing furniture, equipment, wiring and cabling, or other personal property of Tenant (the “Early Entry”) provided that such Early Entry shall be subject to all of the terms and conditions contained in this Lease (other than the payment of Base Rent and Tenant’s Proportionate Share of Common Area Expenses), including, without limitation, Tenant’s insurance and indemnity obligations as contained in this Lease and Section 6.1. Prior to any such Early Entry, Tenant shall provide Landlord with certificates of insurance or other evidence acceptable to Landlord evidencing Tenant’s compliance with its insurance obligations. In the event that Tenant’s Early Entry interferes with or otherwise disrupts Landlord’s operations or the operations of other tenants in the Building, Landlord may terminate Tenant’s right to Early Entry. In the event Tenant substantially completes the Initial Alterations in accordance with the Work Letter and obtains a Certificate of Occupancy from the City of Austin, Texas for use and occupancy of the Premises prior to the beginning of the Commencement DateLease, Tenant shall have the right to move in and occupy the Premises and such occupancy shall be in addition to the Term provided for herein and all the provisions of extend this Lease shall be in full force for three (3) additional terms of five (5) years each (respectively, the "First Extended Term", the "Second Extended Term" and effect the "Third Extended Term"), upon Tenant’s so taking possession for such occupancy, except that the terms and conditions contained herein. Tenant shall not be required give Landlord notice of its intent to pay Rent with respect to the period of time extend at least one hundred and twenty (120) days prior to the Commencement Date during which Tenant occupies expiration of the Premises. Notwithstanding anything herein to the contrary, in such event, the Commencement Date for all purposes under this Lease shall be November 16, 2010previous term.

Appears in 1 contract

Sources: Lease (Ivex Packaging Corp /De/)

Grant and Term. 2.1 In consideration of the rents, covenants, agreements and conditions hereinafter provided to be paid, kept, performed and observed, 1.01 Landlord hereby leases to Tenant and Tenant hereby hires takes and rents from Landlord the Premises described in Section 1.1(CUnit #108 consisting of 1837 square feet, a portion of entire unit (“Leased Premises”). 2.2 1.02 The commencement date of this Lease is January 1, 2006. 1.03 The termination date of this Lease is January 1, 2007. 1.04 Prior to the commencement date, Tenant shall be permitted to perform previously approved Tenant improvements to the property, such as the installation of fixtures, etc. No rent, common maintenance, regime fees nor taxes shall become due or payable prior to the commencement date. 1.05 Tenant has the option to renew this Lease for a further term of one year, upon all the same terms and conditions hereof, at a minimum rental to be negotiated and agreed to between the parties hereto. Tenant shall deliver in writing to Landlord at the above address a notice to renew no later than ninety (90) days prior to the termination of the initial lease term and failure to so exercise said option shall result in the expiration thereof. Provided, however, that Tenant shall, after the expiration of said option to renew, have a right of first refusal to renew the lease for a rental and term equal to that offered by Landlord to potential tenants prior to the expiration of the initial lease term. Landlord shall provide Tenant with written notice of the rental rate and lease terms of any offer extended during the last ninety (90) days of the Tenant’s initial lease term, which notice shall be delivered to Tenant at the Leased Premises within two (2) days of Landlord’s extending such offer to any potential tenant. Tenant shall have and hold the Premises for and during the Lease Term described these three (3) days upon receipt of Landlord’s written notices to exercise, in Section 1.1(G), subject to the payment of the Rent and to the full and timely performance by Tenant of the covenants and conditions hereinafter set forth. 2.3 Landlord agrees that Tenant may enter the Premises prior to the Commencement Date for the sole purpose of performing any improvements therein or installing furniture, equipment, wiring and cabling, or other personal property of Tenant (the “Early Entry”) provided that such Early Entry shall be subject to all of the terms and conditions contained in this Lease (other than the payment of Base Rent and Tenant’s Proportionate Share of Common Area Expenses), including, without limitationwriting, Tenant’s insurance and indemnity obligations as contained in this Lease and Section 6.1. Prior to any such Early Entry, Tenant shall provide Landlord with certificates right of insurance or other evidence acceptable to Landlord evidencing Tenant’s compliance with its insurance obligations. In the event that Tenant’s Early Entry interferes with or otherwise disrupts Landlord’s operations or the operations of other tenants in the Building, Landlord may terminate Tenant’s right to Early Entry. In the event Tenant substantially completes the Initial Alterations in accordance with the Work Letter and obtains a Certificate of Occupancy from the City of Austin, Texas for use and occupancy of the Premises prior to the beginning of the Commencement Date, Tenant shall have the right to move in and occupy the Premises and such occupancy shall be in addition to the Term provided for herein and all the provisions of this Lease shall be in full force and effect upon Tenant’s so taking possession for such occupancy, except that Tenant shall not be required to pay Rent with respect to the period of time prior to the Commencement Date during which Tenant occupies the Premises. Notwithstanding anything herein to the contrary, in such event, the Commencement Date for all purposes under this Lease shall be November 16, 2010first refusal.

Appears in 1 contract

Sources: Lease Agreement (Atlantic Bancshares, Inc.)

Grant and Term. 2.1 In 1.1 Landlord, for and in consideration of the rents, covenants, rents herein reserved and the covenants and agreements and conditions hereinafter provided herein contained which are to be paidperformed by Tenant, kept, performed and observed, Landlord hereby leases to Tenant Tenant, and Tenant hereby hires leases from Landlord Landlord, the Premises real estate and improvements thereon commonly known as ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ and more particularly described in Section 1.1(Con Exhibit A attached hereto and made a part hereof, together with all rights, privileges and appurtenances thereto (collectively the "Demised Premises"). 2.2 Tenant 1.2 Subject to the terms and provisions of Section 1.3 hereof, this Lease shall have commence on the Commencement Date (as hereinafter defined) and hold expire on October 31, 2009 (the Premises for and during the Lease Term described in Section 1.1(G"Expiration Date"), subject unless sooner terminated or extended as hereinafter provided. 1.3 Reference is made to that certain Stock Purchase Agreement, dated as of October 23, 2002, by and between the stockholders of Wolf Packaging, Inc. ("Sellers"), as sellers, and Tenant, as buyer (the "Stock Purchase Agreement"). This Lease is contingent upon Tenant acquiring all of the outstanding capital stock of Wolf Packaging, Inc. pursuant to the payment Stock Purchase Agreement, and the commencement date (the "Commencement Date") shall be the date of the Rent and closing of the sale contemplated thereby (the "Closing"). Landlord shall be required to deliver possession of the full and timely performance by Demised Premises to Tenant of at the Closing. 1.4 So long as Tenant is not in default under the covenants and conditions hereinafter set forthagreements of this Lease, Tenant's quiet and peaceable enjoyment of the Demised Premises shall not be disturbed or interfered with by Landlord or by any person claiming by, through or under Landlord. 2.3 Landlord agrees that 1.5 So long as Tenant may enter is not in default in any material respect under the Premises prior to the Commencement Date for the sole purpose covenants and agreements of performing any improvements therein or installing furniture, equipment, wiring and cabling, or other personal property of Tenant (the “Early Entry”) provided that such Early Entry shall be subject to all of the terms and conditions contained in this Lease (other than the payment of Base Rent and Tenant’s Proportionate Share of Common Area Expenses), including, without limitation, Tenant’s insurance and indemnity obligations as contained in this Lease and Section 6.1. Prior to any such Early Entry, Tenant shall provide Landlord with certificates of insurance or other evidence acceptable to Landlord evidencing Tenant’s compliance with its insurance obligations. In the event that Tenant’s Early Entry interferes with or otherwise disrupts Landlord’s operations or the operations of other tenants in the Building, Landlord may terminate Tenant’s right to Early Entry. In the event Tenant substantially completes the Initial Alterations in accordance with the Work Letter and obtains a Certificate of Occupancy from the City of Austin, Texas for use and occupancy of the Premises prior to the beginning of the Commencement DateLease, Tenant shall have the right to move in and occupy the Premises and such occupancy shall be in addition to the Term provided for herein and all the provisions of extend this Lease shall be in full force for two (2) additional terms of five (5) years each (respectively, the "First Extended Term" and effect the "Second Extended Term"), upon Tenant’s so taking possession for such occupancy, except that the terms and conditions contained herein. Tenant shall not be required give Landlord notice of its intent to pay Rent with respect to the period of time extend at least one hundred and twenty (120) days prior to the Commencement Date during which Tenant occupies expiration of the Premises. Notwithstanding anything herein to the contrary, in such event, the Commencement Date for all purposes under this Lease shall be November 16, 2010previous term.

Appears in 1 contract

Sources: Lease (Packaging Dynamics Corp)