Grant and Term. 1.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the "Premises" (subsequently defined) which Premises are shown as summarized on the site plan attached hereto and made a part hereof as Exhibit A attached hereto, together with the right to the use, in common with others, of the Common Areas (as herein defined). The Premises shall consist of approximately 9,900 square feet, located in the Building B in Phase I of Lakes Corporate Park, a development located in Miami-Dade County, Florida (as described in Exhibit B), as such development may be added to or reduced from time-to-time (the "Development"). The Development may include common parking areas, streets sidewalks, driveways, storm drainage facilities, landscaped areas, and retention ponds (the "Common Areas"). References to the approximate square feet of the Premises as set forth above and otherwise in this Lease, have been computed by measuring from each of the outermost finished surfaces of the exterior walls of the Building enclosing the Premises to the midpoint of any interior demising walls, without deduction or reduction for (i) vestibules, columns, projections or vertical penetrations from the floor necessary to the Building; or (ii) any indentions to the exterior building walls for entrances, doors, windows, decorative features or otherwise; or (iii) those portions of the Building containing mechanical, plumbing or electrical systems serving the Building. 1.2 The Premises shall be constructed substantially in the location depicted on Exhibit A attached hereto. Landlord and Tenant shall construct the improvements in accordance with the provisions of the Workletter attached hereto and made a part hereof and marked Exhibit C (the "Workletter"). Except as expressly set forth in the Workletter, Landlord shall have no construction or similar obligations. 1.3 The term hereof (the "Term") is anticipated to commence on the Commencement Date and shall terminate on the Expiration Date (unless the Term shall be terminated or extended in accordance herewith). If Landlord fails to deliver possession of the Premises to Tenant on or prior to the scheduled Commencement Date, this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any loss or damage (whether direct, consequential or otherwise), and in such case the Commencement Date shall be the date upon which Landlord delivers the Premises to Tenant substantially in accordance with Landlord's obligations under the Workletter. If Landlord fails to deliver possession of the Premises on or before the "Estimated Completion Date", then, for each day after the Estimated Completion Date (subsequently defined) that possession is so delayed, Tenant shall be entitled to two (2) days of possession without payment of Base Rent. If possession of the Premises is not delivered to Tenant within one hundred twenty (120) days of the Estimated Completion Date, Tenant may terminate this Lease, by delivering written notice to Landlord within ten (10) days thereafter. The free rent and right to terminate, as set forth above, shall be Tenant's sole remedies and measures of damage for any delay in delivery of possession, and Landlord shall not be liable in any other manner to Tenant for such delay(s). The parties agree to execute, within thirty (30) days after the Commencement Date, a supplement to this Lease, in the form attached hereto as Supplement 1, fixing the definite date of the Commencement Date and the Expiration Date. The first "Lease Year" shall begin on the Commencement Date and shall extend through the last day of the twelfth (12th) full calendar month after the Commencement Date. Thereafter, each "Lease Year" shall commence on the day following the expiration of the preceding Lease Year and shall end at the expiration of twelve (12) calendar months thereafter; provided, however, that the last "Lease Year" shall end on the Expiration Date.
Appears in 2 contracts
Sources: Commercial/Industrial Building Lease (World Diagnostics Inc), Commercial/Industrial Building Lease (World Diagnostics Inc)
Grant and Term. 1.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the "“Premises" ” (subsequently defined) which Premises are shown as summarized on the site plan attached hereto and made a part hereof as Exhibit A attached hereto, together with with: (i) the exclusive use of 132 parking spaces adjacent to the Building, as set forth on Exhibit B attached hereto, and (ii) the non-exclusive right to the use, in common with othersthe owner or tenants(s) and other users of Building 18, the truck court located between Building 18 and Building 19 and all of the Common Areas (as herein defined). The Premises shall consist of approximately 9,900 103,670 square feetfeet (which measurement Landlord represents is accurate), located in the Building B 19 in Phase I III of Lakes International Corporate Park, a development located in Miami-Dade County, Florida (as described in Exhibit B), as such development may be added to or reduced from time-to-time (the "“Development"”). The Development may include common parking areas, streets sidewalks, driveways, storm drainage facilities, landscaped areas, and retention ponds (the "“Common Areas"”). References to the approximate square feet of the Premises as set forth above and otherwise in this Lease, have been computed by measuring from each of the outermost finished surfaces of the exterior walls of the Building enclosing the Premises to the midpoint of any interior demising walls, without deduction or reduction for (i) vestibules, columns, projections or vertical penetrations from the floor necessary to the Building; or (ii) any indentions to the exterior building walls for entrances, doors, windows, decorative features or otherwise; or (iii) those portions of the Building containing mechanical, plumbing or electrical systems serving the Building.
1.2 The Premises shall be constructed substantially in the location depicted on Exhibit A attached heretoare already constructed. Landlord and Tenant shall construct the improvements in accordance with the provisions of the Workletter attached hereto and made a part hereof and marked Exhibit C (the "Workletter"). Except as expressly set forth in the Workletter, Landlord shall have no construction or similar obligationsobligations with respect to the Premises, except only for the following (“Landlord’s Work”):
(i) Construct a demising wall separating the Premises from the remainder of the Building;
(ii) Split the electric service; and
(iii) Split the phone service. Landlord shall complete Landlord’s Work within the earlier of (1) one hundred eighty (180) days following the Commencement Date, or (ii) possession of the remainder of the Building by any other third party tenant.
1.3 The term hereof (the "“Term"”) is anticipated to shall commence on the Commencement Date and shall terminate on the Expiration Date (unless the Term shall be terminated or extended in accordance herewith). If Landlord fails to deliver possession of the Premises to Tenant on or prior to the scheduled Commencement Date, this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any loss or damage (whether direct, consequential or otherwise), and in such case the Commencement Date shall be the date upon which Landlord delivers the Premises to Tenant substantially in accordance with Landlord's obligations under the Workletter. If Landlord fails to deliver possession of the Premises on or before the "Estimated Completion Date", then, for each day after the Estimated Completion Date (subsequently defined) that possession is so delayed, Tenant shall be entitled to two (2) days of possession without payment of Base Rent. If possession of the Premises is not delivered to Tenant within one hundred twenty (120) days of the Estimated Completion Date, Tenant may terminate this Lease, by delivering written notice to Landlord within ten (10) days thereafter. The free rent and right to terminate, as set forth above, shall be Tenant's sole remedies and measures of damage for any delay in delivery of possession, and Landlord shall not be liable in any other manner to Tenant for such delay(s). The parties agree to execute, within thirty (30) days after the Commencement Date, a supplement to this Lease, in the form attached hereto as Supplement 1, fixing the definite date of the Commencement Date and the Expiration Date. The first "“Lease Year" ” shall begin on the Commencement Date and shall extend through the last 31st day of the twelfth (12th) full calendar month after the Commencement DateMarch, 2001. Thereafter, each "“Lease Year" ” shall commence on the day following the expiration of the preceding Lease Year and shall end at the expiration of twelve (12) calendar months thereafter; provided.
1.4 No later than ninety (90) days prior to the expiration of the third Lease Year, howeverTenant shall have the right to terminate this Lease for any reason, effective as of the last day of the third Lease Year (the “Early Termination Date”). In the event Tenant does not timely deliver such written notice, then the foregoing option to terminate shall be deemed waived and shall be of no further force or effect. Upon such termination, and after Landlord’s return of the Security Deposit to Tenant in accordance with the term of this Lease, Landlord and Tenant shall each be relieved of all further obligations under this Lease arising after the Early Termination Date except those which specifically survive termination.
1.5 Tenant acknowledges and agrees that it has previously inspected the Premises and, Tenant is accepting the Premises in “as is” condition. Tenant further acknowledges and agrees that the last "Lease Year" taking of possession of the Premises by the Tenant shall end on be conclusive evidence against Tenant that the Expiration DatePremises were in good and satisfactory condition when the possession was taken and Landlord shall have no obligations to Tenant with respect to any repair or maintenance to the Premises, except as expressly set forth in this Lease.
Appears in 1 contract
Sources: Commercial/Industrial Building Lease (Intcomex Holdings, LLC)