Common use of Monument Sign Clause in Contracts

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so long as Tenant is leasing and occupying more than fifty percent (50%) of the Building, and is not in default of its obligations under this Lease (after the expiration of any applicable notice and cure period), Tenant shall have the right, at Tenant’s sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place Tenant’s sign panel and associated graphics on such monument sign in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Lease.

Appears in 2 contracts

Sources: Office Lease (Wells Real Estate Fund Ix Lp), Office Lease (Gaiam Inc)

Monument Sign. Subject expressly In the event that Landlord, in ▇▇▇▇▇▇▇▇’s sole and absolute discretion, shall construct a multi-tenant monument in front of the Building facing Brand Boulevard, subject to all termsthe terms of this Section 23.6 and Applicable Laws, conditionsthe Original Tenant or an Affiliate Assignee, restrictionsas the case may be, limitationsonly shall have the non-exclusive right to have a sign (“Tenant’s Sign”) on one (1) strip of the Monument (the “Monument”). Landlord and Tenant hereby acknowledge and agree that the Monument is not intended to refer to, nor shall Tenant have any rights with respect to, the existing monument located at the southwest corner of the Project. If applicable, ▇▇▇▇▇▇’s Sign on the Monument shall be in the top tenant slot on such Monument and requirements imposed by all applicable governmental entities having jurisdiction Landlord hereby agrees that no other tenant shall be entitled to an area the Monument that is larger than the area made available to Tenant on the Monument. In connection with the foregoing right to Tenant’s Sign, Landlord and Tenant hereby acknowledge and agree that (i) the size, materials, lettering, design, content and all private restrictions encumbering other specifications relating to Tenant’s Sign shall be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld; (iii) Tenant’s Sign shall comply with all Applicable Laws; (iv) Tenant’s right to Tenant’s Sign shall be personal to the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public recordsOriginal Tenant or an Affiliate Assignee, as amendedthe case may be (and may not he exercised by any other assignee or any sublessee or any other person or entity); and (v) Tenant’s continuing right to Tenant’s Sign shall be contingent on Tenant’s actually occupying at least seventy-five percent (said Amended and Restated Master Declaration75%) of the rentable square footage of the Premises (and, accordingly, ▇▇▇▇▇▇’s rights hereunder shall terminate at such time, if applicable, as amendedTenant shall fail to actually occupy at least seventy-five percent (75%) of the rentable square footage of the Premises). For purposes of the foregoing, is herein referred Tenant shall be deemed to as the “Master Declaration”), and be in occupancy of space so long as Tenant has not subleased, licensed or otherwise granted third party occupancy rights with respect to space. in no event shall the Tenant’s Sign include a name or logo which relates to an entity which is leasing and occupying more than fifty percent (50%) of a character or reputation, or is associated with a political faction or orientation, which is inconsistent with the first class quality of the BuildingProject, or which would reasonably offend a landlord of the Comparable Buildings, or which includes the name of a foreign country, provided that Landlord hereby approves Tenant’s name and is logo as set forth on Exhibit N, attached hereto. Tenant shall be responsible for obtaining any applicable permits or other governmental approval(s) applicable to or required for Tenant’s Sign (and acknowledges that such permits or approvals shall not be a condition to the effectiveness of this Lease). Further, Tenant shall be responsible for all costs incurred in default connection with the design, construction, installation, maintenance and repair, compliance with law and removal of its obligations under Tenant’s Sign. Upon the expiration or earlier termination of this Lease (after or upon any earlier termination of Tenant’s right Tenant’s Sign pursuant to the expiration of any applicable notice and cure periodterms hereof), Tenant shall have the rightshall, at Tenant’s sole cost and expense, to designremove the Tenant’s Sign from the Monument, manufacturerepair all damage resulting from the installation, install use and maintain one (1) free-standing, internally lighted monument sign to be located within removal of the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration)Tenant’s Sign, and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears restore all affected areas to the total number of such panels permitted on any such monument sign (including the panel or panels used condition existing prior to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place Tenant’s sign panel Sign, reasonable wear and associated graphics on such monument sign in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Leasetear excepted.

Appears in 2 contracts

Sources: Office Lease (ServiceTitan, Inc.), Office Lease (ServiceTitan, Inc.)

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, and requirements imposed by the approval of all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”)quasi-governmental entities, and so long as subject to all applicable governmental and quasi -governmental laws, rules, regulations and codes, Landlord hereby grants Tenant is leasing and occupying more than fifty percent (50%) of the Building, and is not in default of its obligations under this Lease (after the expiration of any applicable notice and cure period), Tenant shall non-exclusive right to have the right, at Tenant’s sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted identification sign ("Tenant's Name Sign") containing the name [***] on both sides of the Building 's monument sign (the "Monument Sign") perpendicular to Evening Creek Dive. The location, design, size, specifications, graphics, materials, manner of affixing, colors and lighting (if applicable) of Tenant's Name Sign shall be (i) consistent with the project signage criteria attached hereto as Exhibit H and otherwise consistent with other signs to be located within placed on this Monument Sign and the Building Complexquality and appearance of the Real Property and (ii) subject to the approval of all applicable governmental authorities, (iii) subject to the approval of all other entities and associations that have approval rights to such Monument Sign, and (iv) subject to Landlord's reasonable approval. Landlord shall install Tenant's Name Sign at [***] cost; provided, however, that Tenant shall pay to Landlord, within thirty (30) days after demand, from time to time, all other costs attributable to the fabrication, installation, insurance, lighting (if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declarationapplicable), maintenance and repair of Tenant's Name Sign on the Monument Sign. The signage right granted to Tenant under this Section 24.8.2 is personal to the Original Tenant and any Affiliate of Original Tenant to which Original Tenant's entire interest in this Lease has been assigned pursuant to Section 14.7 of this Lease and may not be exercised or used by or assigned to any other person or entity. In addition, Original Tenant (or such Affiliate assignee, as the case may be) shall no longer have any right to Tenant's Name Sign on the Monument Sign if identification signs at any time during the Lease Term the Original Tenant (or panels for more than one tenant are permitted on such monument signAffiliate assignee, then as the case may be) does not lease and in such caseoccupy the entire Premises. Upon the expiration or sooner termination of this Lease, or upon the earlier termination of Tenant's signage right under this Section 24.8.2, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place permanently remove Tenant’s sign panel 's Name Sign from the Monument Sign and associated graphics on to repair all damage to the Monument Sign resulting from such monument sign in removal and restore the top position on such monument sign. If any other tenant shall lease more Rentable Area in affected area to its original condition existing prior to the Building than is leased by installation of Tenant's Name Sign, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that and Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible reimburse Landlord for the repair of same. Such obligations shall survive any expiration or termination of this Leasecosts thereof.

Appears in 2 contracts

Sources: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)

Monument Sign. Subject expressly Provided that the Signage Conditions are satisfied, but subject to all terms, conditions, restrictions, limitations, the Applicable Rules and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so long as Tenant is leasing and occupying more than fifty percent (50%) of the Building, and is not in default of its obligations under this Lease (after the expiration of any applicable notice and cure period)Restrictions, Tenant shall have the rightnon-exclusive right to display its signage in a new monument sign (the “New Monument Sign”) to be constructed by Tenant, at Tenant’s sole cost and expense, in a location designated by Landlord in its sole and absolute discretion. Landlord may, at its option, elect to manage the construction of the New Monument Sign, in which case Tenant shall reimburse Landlord within thirty (30) days after receipt of an invoice for any and all costs incurred by Landlord in connection with the installation and construction of such New Monument Sign. All costs associated with the installation, fabrication, repair and maintenance of such New Monument Sign shall be paid for by Tenant. The style, type, color, size, design, manufactureengineering, install precise location and maintain one (1) free-standingthe means and method of attachment of the New Monument Sign shall all be subject to Landlord’s prior written approval, internally lighted monument sign to be located within the Building Complexwhich approval shall by in Landlord’s sole and absolute discretion; provided, however, such New Monument Sign shall comply with Landlord’s signage guidelines and criteria (if such a monument sign is permitted under applicable law any). The engineering, manufacture, installation, maintenance and removal of, and the procurement of all private restrictions (including, without limitationrequired approvals for, the Master Declaration)New Monument Sign shall be at Tenant’s sole cost and expense. The New Monument Sign shall be in compliance with all Applicable Rules and Restrictions. Tenant agrees to maintain the New Monument Sign in good condition and repair and, prior to the expiration of the Lease Term or the earlier termination of the Lease or Tenant’s right of possession under the Lease, Tenant shall be required remove the New Monument Sign and restore any damage arising from such removal, at Tenant’s sole cost and expense. In the event Tenant fails to repair or remove the New Monument Sign, Landlord shall have the right to repair or remove the New Monument Sign, as the case may be, and if identification signs or panels Tenant shall reimburse Landlord on demand for more than one tenant are permitted on all costs incurred by Landlord in connection therewith, plus an additional charge equal to ten percent (10%) of such monument signcosts incurred by Landlord as a coordination fee, then and upon any such removal Landlord shall have the right to dispose of the same in such caseany manner Landlord so desires without any liability to Tenant therefor. Notwithstanding anything herein to the contrary, Landlord agrees shall have the right to share with terminate Tenant’s rights under this Paragraph 19(gg) by providing written notice of termination to Tenant in the cost of such monument sign on a prorata basisif, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants at any time, Tenant (1) assigns this Lease, (2) subleases any portion of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign Premises (including the panel or panels used to identify Tenant or any of its affiliatesSuite 600 Space), or (3) suffers an event of default of any term or condition of this Lease. In the event Landlord terminates Tenant’s rights under this Paragraph 19(gg) as provided for in the immediately preceding sentence, Tenant shall remove the New Monument Sign, and repair any damage caused by the installation, maintenance and/or removal thereof within thirty (30) days following receipt of Landlord’s written notice of termination, and, in the event Tenant fails to timely remove the New Monument Sign and/or repair such damage, Landlord shall have the right to do the same and Tenant shall reimburse Landlord on demand for all costs incurred by Landlord in connection therewith, plus an additional charge equal to ten percent (10%) of such costs incurred by Landlord as a coordination fee (and Tenant shall be deemed to have abandoned the New Monument Sign and Landlord shall have the right to dispose of the New Monument Sign in any manner Landlord shall choose in its sole discretion without any liability whatsoever to Tenant with respect thereto). In no event does Landlord make any representation or warranty to Tenant that the New Monument Sign shall be entitled permitted under the Applicable Rules and Restrictions and, to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying extent the Building. Tenant’s right New Monument Sign is not permitted by the Applicable Rules and Restrictions, Tenant acknowledges and agrees that this Lease shall remain in full force and effect despite Tenant not being permitted to install such monument sign on the Land New Monument Sign. Tenant shall be conditioned upon Tenant obtaining responsible, at its cost and delivering expense, to Landlord evidence satisfactory to Landlord that all obtain any necessary approvals for the installation of such monument sign or permits from the applicable governmental authorities for the purposes of installing and all necessary approvals of maintaining such New Monument Sign (the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of “New Monument Sign Approvals”); provided, however, at Landlord’s option it can apply for such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place New Monument Sign Approvals on Tenant’s sign panel and associated graphics on such monument sign in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenantbehalf, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon and expense. Promptly following obtaining such New Monument Sign Approvals (and in no event later than thirty (30) days following obtaining such New Monument Sign Approvals), Tenant shall install such New Monument Sign in accordance with the terms of this Paragraph 19(gg). In no event shall Landlord be required to remove any existing monument sign or other signage present existing in order to accommodate any approvals required by the Applicable Rules and Restrictions affecting the Building for the New Monument Sign. The terms and provisions of this Paragraph 19(gg) shall survive the expiration or earlier termination of this Lease; . As consideration for Tenant’s right to install and if such removal causes any damage or defacement to such monument signmaintain the New Monument Sign, commencing on the date that the New Monument Sign Approvals are obtained and the New Monument Sign has been installed and continuing thereafter for the remainder of the Lease Term, Tenant shall be responsible for pay to Landlord $1,000.00 per month (the repair “New Monument Sign Rent”), with such New Monument Sign Rent being payable in advance on the first day of samethe month in the same manner and time as Tenant is obligated to pay Basic Annual Rent (provided, however, any abatement of the Basic Annual Rent shall not apply with respect to the New Monument Sign Rent). 38. Such obligations shall survive any expiration or termination of this LeaseSIGNATURE PAGE TO OFFICE LEASE BY AND BETWEEN KBSIII ALMADEN FINANCIAL PLAZA, LLC, AS LANDLORD, AND ZOOM VIDEO COMMUNICATIONS, INC., AS TENANT

Appears in 2 contracts

Sources: Office Lease (Zoom Video Communications, Inc.), Office Lease (Zoom Video Communications, Inc.)

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so So long as (i) Tenant is leasing and occupying more than fifty percent (50%) of the Building, and is not in default under the terms of its obligations under this the Lease; (ii) Tenant is in occupancy of at least 20,000 rentable square feet of the Premises; and (iii) Tenant has not assigned the Lease (after or sublet more than 15% of the expiration of any applicable notice and cure period)Premises to one or more non-affiliated entities, Tenant shall have the rightright to have its name listed on the shared Building monument sign located near the entrance to the East Tower (the “Sign”). Following installation of Tenant’s name on the Sign, Tenant shall be liable for all costs related to the maintenance and, if applicable, illumination of the sign. In the event that additional names are listed on the Sign, all future costs of maintenance and repair shall be prorated between Tenant and the other parties that are listed on such Sign. Tenant shall be solely responsible for the costs in connection with the design, fabrication and installation of Tenant’s name on the Sign. Tenant must obtain Landlord’s written consent to any proposed signage and lettering prior to its fabrication and installation. Landlord reserves the right to withhold consent to any sign that, in the sole judgment of Landlord, is not harmonious with the design standards of the Building and Sign or is in violation of applicable Laws. To obtain Landlord’s consent, Tenant shall submit design drawings to Landlord showing the type and sizes of all lettering; the colors, finishes and types of materials used; and (if applicable and Landlord consents) any provisions for illumination. If during the Lease Term (and any extensions thereof) (a) Tenant is in default under the terms of the Lease after the expiration of applicable cure periods; or (b) Tenant fails to continuously occupy at least 20,000 June 11, 2004 Matter ID Number: 13883 rentable square feet of the Premises; or (c) Tenant assigns the Lease to a non-affiliated entity or subleases more than 15% of the Premises to one or more non-affiliated entities, then Tenant’s rights granted herein will terminate and Landlord may remove Tenant’s name from the Sign at Tenant’s sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place Tenant’s sign panel and associated graphics on such monument sign in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Lease.

Appears in 2 contracts

Sources: Office Lease Agreement (Quinstreet, Inc), Office Lease Agreement (Quinstreet, Inc)

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, and requirements imposed by the approval of all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”)quasi-governmental entities, and so long as subject to all applicable governmental and quasi-governmental laws, rules, regulations and codes, Landlord hereby grants Tenant is leasing and occupying more than fifty percent (50%) of the Building, and is not in default of its obligations under this Lease (after the expiration of any applicable notice and cure period), Tenant shall non-exclusive right to have the right, at Tenant’s sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted monument identification sign to be located within (“Tenant’s Name Sign”) containing the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost name “1st Pacific Bank of such monument sign California” on a prorata basis, such prorata share position to be determined based by Landlord on the ratio that Building’s monument sign located adjacent to Evening Creek Drive in front of the number Project (the “Monument Sign”). The design, size, specifications, graphics, materials, manner of individual panels permitted affixing, colors and lighting (if applicable) of Tenant’s Name Sign shall be (i) consistent with the project sign criteria attached hereto as Exhibit F and consistent with other signs to be displayed placed on such monument sign identifying individual tenants are actually used by Landlord for tenants the Monument Sign and the quality and appearance of the Building other than Tenant Real Property and (and its affiliatesii) bears subject to the total number approval of all applicable governmental authorities, and Landlord’s reasonable approval. Landlord shall install Tenant’s Name Sign at Tenant’s cost. In addition, Tenant shall pay to Landlord, within thirty (30) days after demand, from time to time, all other costs attributable to the fabrication, installation, insurance, lighting (if applicable), maintenance and repair of Tenant’s Name Sign on the Monument Sign. The signage right granted to Tenant under this Section 24.8.2 is personal to the Original Tenant and any assignee that is an Affiliate of Original Tenant’s entire interest in this Lease pursuant to Section 14.7 of this Lease (but any name change Tenant’s Name Sign to reflect the name of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign Affiliate assignee shall be subject to the prior written approval of Landlord’s approval, which approval shall not be unreasonably withheldwithheld or delayed) and may not be exercised or used by or assigned to any other person or entity. In addition, Original Tenant agrees that any (or such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long Affiliate assignee, as the Rentable Area leased by case may be) shall no longer have any right to Tenant’s Name Sign on the Monument Sign if at any time during the Lease Term the Original Tenant in (or such Affiliate assignee, as the Building shall exceed case may be) does not lease and occupy the Rentable Area entire Premises. Upon the expiration or sooner termination of any other tenant this Lease, or upon the earlier termination of the BuildingTenant’s signage right under this Section 24.8.2, Tenant Landlord shall have the right to place permanently remove Tenant’s sign panel Name Sign from the Monument Sign and associated graphics on to repair all damage to the Monument Sign resulting from such monument sign in removal and restore the top position on such monument sign. If any other tenant shall lease more Rentable Area in affected area to its original condition existing prior to the Building than is leased by installation of Tenant’s Name Sign, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that and Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible reimburse Landlord for the repair of same. Such obligations shall survive any expiration or termination of this Leasecosts thereof.

Appears in 1 contract

Sources: Office Lease (1st Pacific Bancorp)

Monument Sign. Subject expressly to all termsthe prior written consent of Landlord (if required under the Master Lease) and the procurement of any approvals or permits required by City, conditionsSubtenant will be entitled to a pro-rata allocation of space on any monument signage serving the Building (a “Monument Sign”) for the purpose of displaying Subtenant’s name in “Project-Standard” lettering. Subtenant acknowledges that no such Monument Sign exists as of the date of this Sublease nor does this Section 21 obligate Sublandlord to install any Monument Sign. Further, restrictionsthe location of Subtenant’s tradename on the Monument Sign shall be subject to availability at the time Subtenant elects to install same on any such monument and shall be entitled to signage identifying its name and/or logo in the lobby directory of the Building (if any) and at the entrance to the Subleased Premises. Sublandlord shall not be required to reserve any particular location or band on the Monument Sign for Subtenant’s use. Any signage of Subtenant installed on the Monument Sign is referred to herein as “Subtenant’s Monument Signage”. Any such signage will be installed at Subtenant’s sole cost and expense by contractors designated by Sublandlord. The graphics, limitationsmaterials, color, design, lettering, lighting, size, specifications, location and manner of affixing the Subtenant’s Monument Signage shall be subject to Sublandlord’s prior approval, which shall not be unreasonably withheld, and requirements imposed by will be further subject to compliance with all applicable governmental entities having jurisdiction laws, ordinances, restrictions of record and all private restrictions encumbering the Property easements affecting same (includingcollectively, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the Master DeclarationSign Laws”). Sublandlord’s approval of Subtenant’s Monument Signage shall not constitute a representation by Sublandlord that Subtenant’s Monument Signage complies with any applicable Sign Laws. Any such signage will be removed by Subtenant at Subtenant’s expense at the earlier to occur of (a) the Expiration Date and (b) the date upon which the signage rights granted herein are terminated. The rights granted pursuant to this Section 21 are personal to Pain Therapeutics, Inc., and so long as Tenant is leasing and occupying more may not be transferred or assigned to any other individual or entity (other than an assignee of Subtenant’s interest in this Sublease or a subtenant of fifty percent (50%) of the Building, and is not in default of its obligations under this Lease (after the expiration of any applicable notice and cure period), Tenant shall have the right, at Tenant’s sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place Tenant’s sign panel and associated graphics on such monument sign in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this LeaseSubleased Premises.

Appears in 1 contract

Sources: Sublease (Pain Therapeutics Inc)

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so long as Tenant is leasing and occupying more than fifty percent (50%) of the Building, and is not in default of its obligations under this Lease (after the expiration of any applicable notice and cure period), Tenant shall have the right, at Tenant’s sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, A. Tenant shall have the right to place Tenant’s sign panel and associated graphics be identified on such a multi-tenant monument sign installed by Landlord, if any, on the exterior grounds of the Property (the "Monument Sign"), if: (1) Landlord is entitled to install the Monument Sign; and (2) at the time the Monument Sign is installed, Tenant is not in violation of any of the top position on such monument signMonument Signage Conditions. Landlord shall be responsible for obtaining any applicable governmental approvals for the Monument Sign. If any other tenant Landlord elects to install more than one (1) Monument Sign, Tenant shall lease more Rentable Area in only be entitled to be identified on one (1) Monument Sign. Landlord shall have the Building than is leased by Tenantright to designate the Monument Sign on which Tenant will be identified, the location of each tenant’s identification sign on such monument provided that Landlord shall be determined use reasonable efforts to give Tenant identity on the basis Monument Sign closest to the entrance of One Riverside Center. Tenant acknowledges that there are no guaranties that Landlord will obtain any necessary approvals to install a Monument Sign and that Landlord's and Tenant's efforts to obtain approval to install other Tenant signs described herein might conflict with Landlord's efforts to attempt to obtain approval for the amount of Rentable Area in the Building leased by each such tenantMonument Sign. Tenant further agrees acknowledges that Landlord does not currently intend to install or attempt to obtain approval for a multi-tenant Monument Sign, but, instead, will seek approval for a monument sign that lists the name and address of the Building, as well as the name "Equity Office" or "Equity Office Properties". B. All costs in connection with the initial design, fabrication and installation of the Monument Sign shall be borne by Landlord. All costs in connection with the design, fabrication and installation of any Tenant identification on the Monument Sign (the "Tenant Identification") shall be borne by Tenant. Tenant shall remove submit to Landlord reasonably detailed drawings of the proposed Tenant Identification, including without limitation, the size, material, shape and lettering for review and approval by Landlord. Notwithstanding the foregoing, Landlord shall have the right to designate standard sizes, materials, shapes and lettering for any sign paneltenant identification on the Monument Sign, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon which standards may differ depending on the expiration or earlier termination square footage of this Lease; and if such removal causes any damage or defacement to such monument sign, the tenant that is being identified on the Monument Sign. Tenant shall reimburse Landlord for any costs associated with Landlord's review of the Tenant Identification. Tenant will be responsible for the repair and maintenance of samethe Tenant Identification and for Tenant's proportionate share of any costs incurred by Landlord to maintain and repair the Monument Sign. Such obligations proportionate share shall survive any be determined based on the number of tenants that are identified on the Monument Sign from time to time. Landlord, upon the expiration date or sooner termination of this Lease, shall have the right to remove the Tenant Identification. In addition, Landlord shall have the right to remove the Tenant Identification, if, at any time during the Lease Term, Tenant is in violation of any of the Monument Signage Conditions. For purposes hereof, the "Monument Signage Conditions" are: (1) Tenant has not assigned this Lease (except in connection with a Permitted Transfer), (2) Tenant has not sublet more than 35% of the Premises (except in connection with a Permitted Transfer), (3) Tenant and any Permitted Transferee are using at least 65% of the Premises for the Permitted Use, (4) Tenant is not in default under any term or condition of the Lease after the delivery of notice and the expiration of any applicable cure periods. Notwithstanding the foregoing, if the Monument Sign is a "multi-tenant" monument sign (i.e. it includes the name of at least one (1) tenant in addition to Tenant), condition (1) prohibiting an assignment of the Lease shall not be applicable and an assignee of Tenant's interest under the Lease shall be entitled to substitute its name for the name of Tenant on the Monument Sign. The name of Landlord or its managing agent shall not be considered to be a tenant name for the purpose of determining whether the Monument Sign is a multi-tenant monument sign.

Appears in 1 contract

Sources: Office Lease Agreement (Allaire Corp)

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so A. So long as (i) Tenant is leasing and occupying more than fifty percent (50%) of the Building, and is not in default of its obligations under this Lease (after the expiration of any applicable notice and cure period), Tenant shall have the right, at Tenant’s sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants terms of the Building other than Lease; (ii) Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals is in occupancy of the Interlocken architectural control committee under Premises; and (iii) Tenant has not assigned the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that Lease or sublet any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant part of the BuildingPremises to a non-affiliated entity, Tenant shall have the right to place have its name listed on a panel located on the shared Building monument sign (the “Sign”) located in the front of the Building. Following installation of Tenant’s sign panel and associated graphics on such monument sign in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined name on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument signSign, Tenant shall be responsible liable for all costs related to the maintenance, and, if applicable, illumination of the sign. In the event that additional names are listed on the Sign, all future costs of maintenance and repair shall be prorated between Tenant and the other parties that are listed on such Sign. B. The Sign with Tenant’s name shall be designed, constructed, installed, insured, maintained, repaired and removed from the Building (no later than Termination Date or sooner termination of the Term of the Lease), all at Tenant’s sole risk, cost and expense, Tenant must obtain Landlord’s written consent to any proposed signage and lettering prior to its fabrication and installation. Landlord reserves the right to withhold consent to any sign that, in the sole judgment of Landlord, is not harmonious with the design standards of the Building and Sign. To obtain Landlord’s consent, Tenant shall submit design drawings to Landlord showing the type and sizes of all lettering; the colors, finishes and types of materials used; and (if applicable and Landlord consents) any provisions for illumination. C. If during the Lease Term (and any extensions thereof) (a) Tenant is in default under the terms of the Lease after the expiration of applicable cure periods; or (b) Tenant fails to continuously occupy the Premises; or (c) Tenant assigns the Lease to a non-affiliated entity or subleases any part of the Premises to a non-affiliated entity, then Tenant’s rights granted herein will terminate and Landlord may remove Tenant’s name from the Sign at Tenants sole cost and expense. D. Landlord may, at anytime during the Lease Term (or any extension thereof), upon five days prior written notice to Tenant, relocate the position of Tenant’s name on the Monument Sign. The cost of such relocation of Tenant’s name shall be at the cost and expense of Landlord. This Exhibit (the “Parking Agreement”) is attached to and made a part of the Lease by and between CA-GATEWAY OAKS LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”) and DIGITAL MUSIC GROUP, INC., a Delaware corporation (“Tenant”) for space in the Building located at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇. 1. During the initial Term, Tenant agrees to lease from Landlord and Landlord agrees to lease to Tenant a total of 35 non-reserved parking spaces in the parking facility servicing the Building (“Parking Facility”). During the initial Term, there shall be no charge for such parking spaces. Tenant may, from time to time request additional parking spaces, and if Landlord shall provide the same, such parking spaces shall be provided and used on a month-to-month basis, and otherwise on the following terms and provisions, and at such prevailing monthly parking charges as shall be established from time to time. Such obligations charges, if any, shall survive be payable in advance to Landlord or such other entity as designated by Landlord, and shall be sent concurrent with Tenant’s payment of monthly Base Rent to the address Landlord designates from time to time. Except as otherwise set forth herein below, no deductions from such charges, if any, shall be made for days on which the Parking Facility is not used by Tenant. 2. Tenant shall at all times comply with all applicable ordinances, rules, regulations, codes, raws, statutes and requirements of all federal, state, county and municipal governmental bodies or their subdivisions respecting the use of the Parking Facility. Landlord reserves the right to adopt, modify and enforce reasonable rules (“Rules”) governing the use of the Parking Facility from time to time including any expiration key-card, sticker or termination other identification or entrance system and hours of this Leaseoperation. Landlord may refuse to permit any person who violates such Rules to park in the Parking Facility, and any violation of the Rules shall subject the car to removal from the Parking Facility. Tenant shall comply with and cause its employees to comply with all the Rules as well as all reasonable additions and amendments thereto. 3. Unless specified to the contrary above, the parking spaces hereunder shall be provided on a non-designated “first-come, first-served” basis. Subject to Tenant’s rights to the reserved spaces set forth above, if any, Landlord reserves the right to assign other specific parking spaces, and to reserve other parking spaces for visitors, small cars, handicapped persons and for other tenants, guests of tenants or other parties, which assignment and reservation or spaces may be relocated as determined by Landlord from time to time, and Tenant and persons designated by Tenant hereunder shall not park in any such location designated for such assigned or reserved parking spaces. Tenant acknowledges that the Parking Facility may be closed entirely or in part in order to make repairs or perform maintenance services, or to alter, modify, re-stripe or renovate the Parking Facility, or if required by casualty, strike, condemnation, act of God, governmental law or requirement or other reason beyond the operator’s reasonable control; and in such events, Landlord shall refund any prepaid parking fee hereunder, prorated on a per diem basis. 4. Tenant shall not store or permit its employees to store any automobiles in the Parking Facility without the prior written consent of the operator. Except for emergency repairs, Tenant and its employees shall not perform any work on any automobiles while located in the Parking Facility, or on the Property. If it is necessary for Tenant or its employees to leave an automobile in the Parking Facility overnight, Tenant shall provide the operator with prior notice thereof designating the license plate number and model of such automobile. 5. LANDLORD SHALL NOT BE LIABLE FOR ANY LOSS, INJURY OR DAMAGE TO PERSONS USING THE PARKING FACILITY OR AUTOMOBILES OR OTHER PROPERTY THEREIN, IT BEING AGREED THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE USE OF THE SPACES SHALL BE AT THE SOLE RISK OF TENANT AND ITS EMPLOYEES, WITHOUT LIMITING THE FOREGOING, TENANT HEREBY VOLUNTARILY RELEASES, DISCHARGES, WAIVES AND RELINQUISHES ANY AND ALL ACTIONS OR CAUSES OF ACTION FOR PERSONAL INJURY OR PROPERTY DAMAGE OCCURRING TO TENANT ARISING AS A RESULT OF PARKING IN THE PARKING FACILITY, OR ANY ACTIVITIES INCIDENTAL THERETO, WHEREVER OR HOWEVER THE SAME MAY OCCUR, AND FURTHER AGREES THAT TENANT WILL NOT PROSECUTE ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE AGAINST LANDLORD OR ANY OF

Appears in 1 contract

Sources: Office Lease Agreement (Digital Music Group, Inc.)

Monument Sign. Subject expressly to all termsthe prior written consent of Landlord and the procurement of any approvals or permits required by City, conditionsSubtenant will be entitled to an equitable allocation of space on shared monument signage, restrictionsserving the Building (a “Monument Sign”) for the purpose of displaying Subtenant’s name only, limitationsin Project standard lettering. Further, the location of Subtenant’s tradename on the Monument Sign shall be subject to availability at the time Subtenant elects to install Subtenant’s signage on any such monument and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering Sublandlord shall not be required to reserve any particular location or band on the Property (including, without limitation, that certain Amended and Restated Master Declaration Monument Sign for Subtenant’s use. Any signage of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, Subtenant installed on the Monument Sign is herein referred to herein as the Master DeclarationSubtenant’s Monument Signage), and so long as Tenant is leasing and occupying more than fifty percent (50%) of the Building, and is not in default of its obligations under this Lease (after the expiration of any applicable notice and cure period), Tenant shall have the right, . Any such signage will be installed at TenantSubtenant’s sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used expense by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtainedcontractors designated by Sublandlord. The exact location of such monument signgraphics, and the sizematerials, color, design, color lettering, lighting, size, specifications, location and method manner of illumination of such monument sign affixing the Subtenant’s Monument Signage shall be subject to the Sublandlord’s prior written approval of Landlordapproval, which approval shall not be unreasonably withheld, and will be further subject to compliance with all laws, ordinances, restrictions of record and easements affecting same (collectively, “Sign Laws”). Tenant agrees Sublandlord’s approval of Subtenant’s Monument Signage shall not constitute a representation by Sublandlord that Subtenant’s Monument Signage complies with any applicable Sign Laws. Any such monument sign shall signage will be designed removed by Subtenant at Subtenant’s expense at the earlier to utilize first-class construction materials occur of (a) the Expiration Date and shall (b) the date upon which the signage rights granted herein are terminated. The rights granted pursuant to this Section 20 are personal to GLU Mobile Inc., and may not be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of transferred or assigned to any other tenant individual or entity (other than an assignee of Subtenant’s interest in this Sublease qualifying pursuant to the revisions of Section 17.E of the BuildingOriginal Master Lease, Tenant shall have the right to place Tenant’s sign panel and associated graphics on such monument sign in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible as amended for the repair purpose of same. Such obligations shall survive any expiration or termination incorporation herein by the provisions of this LeaseSection 8.2 above).

Appears in 1 contract

Sources: Sublease (Glu Mobile Inc)

Monument Sign. Subject expressly In the event that, at any time during the Term, Landlord elects in its sole discretion to all terms, conditions, restrictions, limitations, and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property erect a monument sign (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master DeclarationMonument), and so long as Tenant is leasing and occupying more than fifty percent (50%) adjacent to the main entrance of the Building, and is not in default of its obligations under this Lease (after the expiration of any applicable notice and cure period), Tenant shall have the rightTenant, at Tenant’s sole cost and expense, shall be permitted to designinstall on a non-exclusive basis a plaque or other means of entity identification selected by Landlord in its sole discretion and bearing Tenant’s name (the “Monument Signage”) on such Monument, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within in a location selected by Landlord. All attributes of the Building Complex; provided, howeverMonument, if such a monument sign is permitted under applicable law and all private restrictions (includingconstructed by Landlord, shall be determined by Landlord in its sole discretion. All attributes of the Monument Signage, including without limitationlimitation size, the Master Declaration)materials, and color and position on Landlord’s Monument, shall be subject to Landlord’s approval in its sole discretion. The location of other tenants’ signage on the Monument (if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to built) shall be determined based on by Landlord in its sole discretion. In the ratio event that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used Monument is constructed by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates)Landlord, and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign Monument Signage shall be subject to Tenant’s receipt of all necessary permits and governmental approvals for such installation; provided that the prior written approval of Landlord, which approval failure to obtain such permits or approvals shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with affect the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place Lease (or Tenant’s sign panel and associated graphics on such monument sign obligations thereunder) in the top position on such monument signany way. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for repairing and maintaining the repair Monument Signage in a first-class condition throughout the Term. The Monument Signage shall be installed by Landlord at Tenant’s sole cost and expense. The right to install the Monument Signage shall be personal to Dieca Communications, Inc. and shall not apply to any sublessee, assignee or other transferee of sameTenant; provided that (a) if an affiliate of Tenant occupies the Premises pursuant to this Lease or a sublease, such affiliate’s name may be on the Monument Signage in lieu of Tenant’s name; and (b) Tenant may insert its “Covad” trade name on the Monument Signage in lieu of its corporate name. Such obligations Tenant agrees to indemnify Landlord and hold it harmless from and against all claims, damage or liability (including reasonable attorneys’ fees) sustained or suffered by Landlord arising out of or related to the installation, maintenance or removal of the Monument Signage. Tenant shall survive any remove the Monument Signage at the end of the Term, and shall restore the portion of Landlord’s Monument affected by such removal to its condition immediately prior to the installation of such Monument Signage, reasonable wear and tear excepted. If Tenant fails to remove the Monument Signage from the Monument at the expiration of the Term or termination fails to restore the portions of this Leasethe Monument affected by such removal, Landlord may, but shall not be obligated to remove the Monument Signage and/or restore the portion of the Monument affected thereby, and Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord with respect to such removal and/or restoration immediately upon demand therefor.

Appears in 1 contract

Sources: Sublease Agreement (K12 Inc)

Monument Sign. Subject expressly to the approval of all terms, conditions, restrictions, limitationsapplicable ------------- governmental entities, and requirements imposed by subject to all applicable governmental entities having jurisdiction laws, rules, regulations and all private restrictions encumbering codes, Landlord hereby grants Tenant the Property non-exclusive right to have the name "RealSelect" (includingbut no other markings) displayed on the existing monument sign located at the main entrance to the Building (the "MONUMENT SIGN"). The design, without limitationsize, that certain Amended specifications, graphics, materials, colors, lighting (if applicable) and Restated Master Declaration of Covenants, Conditions exact location with respect to Tenant's name on the Monument Sign shall be (i) consistent with the other signs (if any) to be placed on the Monument Sign and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended the quality and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so long as Tenant is leasing and occupying more than fifty percent (50%) appearance of the BuildingReal Property and (ii) designated by Landlord, and is not in default subject to the approval of its obligations under this Lease all applicable governmental authorities. Landlord shall install Tenant's name on the Monument Sign at Tenant's cost (after the expiration of any applicable notice and cure periodwhich shall be price competitive). In addition, Tenant shall have pay to Landlord, within ten (10) days after demand, from time to time, all other costs (which shall be price competitive) attributable to the rightfabrication, at Tenant’s sole cost and expenseinstallation, to designinsurance, manufacture, install and maintain one lighting (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declarationapplicable), maintenance and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost repair of such monument sign on a prorata basis, such prorata share to be determined based Tenant's name on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Monument Sign. Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place relocate, redesign and/or reconstruct the Monument Sign from time to time. The signage rights granted to Tenant under this Section 24.8.2 are personal to the original Tenant executing this Lease and any assignee (including an Affiliate) to which Tenant’s sign panel 's entire interest in this Lease has been assigned pursuant to Article 14 of this Lease (but any name change on the Monument Sign to reflect such assignee shall be subject to Landlord's reasonable approval), and associated graphics on such monument sign in the top position on such monument sign. If may not be exercised or used by or assigned to any other tenant shall lease more Rentable Area in the Building than is leased by Tenantperson or entity. Upon termination or expiration of this Lease, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of Tenant's signage rights under this Lease; Section 24.8.2, Landlord shall have the right to permanently remove Tenant's name from the Monument Sign and if to restore and repair all damage to the Monument Sign resulting from such removal causes any damage or defacement to such monument signremoval, and Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Leasepay to Landlord, within ten (10) days after demand, all costs incurred in connection with such removal, restoration and repair.

Appears in 1 contract

Sources: Office Lease (Homestore Com Inc)

Monument Sign. Subject expressly At such time as First American Bank Texas, SSB ("FAB") is no longer entitled to all terms, conditions, restrictions, limitations, have or use the monument sign currently located on the east side of the Building and requirements imposed by all applicable governmental entities having jurisdiction containing FAB's corporate name and all private restrictions encumbering logo (the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”"FAB Monument Sign"), and so long as Tenant is leasing and occupying more than fifty percent (50%) which date shall be the earlier of January 10, 2001 or the Building, and is not in default earlier termination of its obligations under this Lease (after the expiration of any applicable notice and cure period)FAB's lease, Tenant shall have the rightfollowing signage rights: (i) Tenant obtains all necessary approvals from the City of Dallas and all other governmental authorities having jurisdiction over Tenant, the Property, or the Monument Sign, (ii) the Monument Sign conforms to all applicable laws, rules and regulations of any governmental authorities having jurisdiction over the Monument Sign or the Property, and (iii) Tenant delivers to Landlord certificates of insurance evidencing that Tenant's contractors, agents, workmen, engineers or other persons installing the Monument Sign have in effect valid workmen's compensation, public liability and builder's risk insurance in amounts and with such companies and in such forms as Landlord may consider necessary or appropriate for its protection. The design (including without limitation, the color scheme and lettering size and type) and size of the Monument Sign are all subject to the approval of Landlord in its sole discretion. Tenant shall pay all costs associated with the Monument Sign, including without limitation, installation expenses, maintenance and repair costs, utilities (if Tenant elects to illuminate the Monument Sign) and insurance. Tenant shall indemnify and hold Landlord harmless from and against any and all claims, demands, fines, liabilities, costs, expenses, damages, actions and causes of action accruing from or related to the Monument Sign, EVEN IF CAUSED BY THE NEGLIGENCE OF LANDLORD OR IF LANDLORD IS STRICTLY LIABLE THEREFOR; provided that the foregoing indemnity shall not apply to any acts of Landlord or Landlord's agents in connection with Landlord's removal or replacement of the Monument Sign under Landlord's rights set forth herein. Tenant agrees that, subject to Section 2.2 of the Lease, Landlord shall have the right to temporarily remove and replace the Monument Sign in connection with and during the course of any repairs, changes, alterations, modifications, renovations or additions to the Building or the Property. Tenant shall maintain the Monument Sign in good condition. If Tenant is in default under the Lease or if Tenant vacates a substantial portion of the Premises (which shall be presumed if Tenant is absent from the Premises for one hundred eighty (180) consecutive days or more), Tenant's rights with respect to the Monument Sign shall terminate and Landlord shall have the option to remove such signage at Tenant's sole cost and expense. Upon the earlier to occur of (i) expiration or earlier termination of the Lease or (ii) termination of Tenant's right to have the Monument Sign, Tenant shall, at Tenant’s its sole cost and expense, remove the Monument Sign and repair all damage caused by such removal. The right to design, manufacture, install the Monument Sign is personal to the Tenant listed in the first paragraph of the Lease and maintain one Affiliates (1as defined in Rider 1 to the Lease) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration)thereof, and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees is not assignable to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any this Lease other tenant of the Building, Tenant shall have the right to place Tenant’s sign panel and associated graphics on such monument sign in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Leasean Affiliate.

Appears in 1 contract

Sources: Lease Agreement (Hallmark Financial Services Inc)

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amendeda) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so So long as Tenant (i) Tenant, a Permitted Transferee or a Permitted Subtenant is leasing and occupying more than fifty percent (50%) in occupancy of the Building, entire Premises; and is (ii) Tenant has not in default of its obligations under this assigned the Lease (after the expiration of or sublet any applicable notice and cure period), Tenant shall have the right, at Tenant’s sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants part of the Building other than Tenant Premises (and its affiliates) bears except with respect to the total number of such panels permitted on any such monument sign (including the panel a Permitted Transfer or panels used to identify Tenant or any of its affiliatesa Permitted Sublease), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place have its name listed on the shared monument sign for the Building (the “Monument Sign”), subject to the terms of this Section 5. The design, size and color of Tenant’s signage with Tenant’s name to be included on the Monument Sign, and the manner in which it is attached to the Monument Sign, shall comply with all applicable Laws and shall be subject to the approval of Landlord, any applicable owners’ association requirements and any applicable governmental authorities. Landlord reserves the right to withhold consent to any sign panel and associated graphics on such monument sign that, in the top position on such monument sign. If any other tenant shall lease more Rentable Area in sole judgment of Landlord, is not harmonious with the design standards of the Building than is leased by and Monument Sign. Landlord shall have the right to require that all names on the Monument Sign be of the same size and style. Tenant must obtain Landlord’s written consent to any proposed signage and lettering prior to its fabrication and installation. Tenant’s right to place its name on the Monument Sign, and the location of each tenantTenant’s identification sign name on the Monument Sign, shall be subject to the existing rights of existing tenants in the Building, and the location of Tenant’s name on the Monument Sign shall be further subject to Landlord’s reasonable approval. To obtain Landlord’s consent, Tenant shall submit design drawings to Landlord showing the type and sizes of all lettering; the colors, finishes and types of materials used; and (if applicable and Landlord consents in its sole discretion) any provisions for illumination. Although the Monument Sign will be maintained by Landlord, Tenant shall pay its proportionate share of the cost of any maintenance and repair associated with the Monument Sign. In the event that additional names are listed on the Monument Sign, all future costs of maintenance and repair shall be prorated between Tenant and the other parties that are listed on such monument Monument Sign. (b) Tenant’s name on the Monument Sign shall be determined on designed, constructed, installed, insured, maintained, repaired and removed from the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign Monument Sign all at Tenant’s sole risk, cost upon and expense. Tenant, at its cost, shall be responsible for the maintenance, repair or replacement of Tenant’s signage on the Monument Sign, which shall be maintained in a manner reasonably satisfactory to Landlord. (c) Upon the expiration or earlier termination of this the Lease, or if during the Term (and any extensions thereof) (i) Tenant, a Permitted Transferee or a Permitted Subtenant leases and occupies less than the entire Premises; or (ii) Tenant assigns the Lease, except with in connection with a Permitted Transfer, then Tenant’s rights granted herein will terminate and if Landlord may remove Tenant’s name from the Monument Sign at Tenant’s sole cost and expense and restore the Monument Sign to the condition it was in prior to installation of Tenant’s signage thereon, ordinary wear and tear excepted. The cost of such removal causes any damage or defacement to such monument sign, Tenant and restoration shall be responsible for payable as additional rent within 5 days of Landlord’s demand. Landlord may, at anytime during the repair Term (or any extension thereof), upon 5 days prior written notice to Tenant, relocate the position of sameTenant’s name on the Monument Sign. Such obligations The cost of such relocation of Tenant’s name shall survive any expiration be at the cost and expense of Landlord. (d) The rights provided in this Section shall be non-transferable, except with respect to a Permitted Transferee or termination of this Leasea Permitted Subtenant, unless otherwise agreed by Landlord in writing in its sole discretion.

Appears in 1 contract

Sources: Office Lease (NovaRay Medical, Inc.)

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so 42.1 So long as (a) there is no monetary or material Event of Default by Tenant is leasing and occupying more than fifty percent under the terms of this Lease; (50%b) Tenant or a Permitted Transferee following an assignment of the Building, Lease is in occupancy of the entire Premises as originally described in this Lease; and is (c) Tenant has not in default of its obligations under assigned this Lease (after the expiration of or sublet any applicable notice and cure period), Tenant shall have the right, at Tenant’s sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants part of the Building other than Tenant (and its affiliates) bears Premises except to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Buildinga Permitted Transferee, Tenant shall have the right to place have its name listed on the shared monument sign for the Building (the “Monument Sign”), subject to the terms of this Article 42. The design, size and color of Tenant’s signage with Tenant’s name to be included on the Monument Sign, and the manner in which it is attached to the Monument Sign, shall comply with all applicable Regulations and shall be subject to the reasonable approval of Landlord and approval of any applicable governmental authorities. Landlord reserves the right to withhold consent to any sign panel and associated graphics on such monument sign that, in the top position on such monument sign. If any other tenant shall lease more Rentable Area in sole but reasonable judgment of Landlord, is not harmonious with the design standards of the Building than is leased by and Monument Sign. Landlord shall have the right to require that all names on the Monument Sign be of the same size and style. Tenant must obtain Landlord’s written consent to any proposed signage and lettering prior to its fabrication and installation. Tenant’s right to place its name on the Monument Sign, and the location of each tenantTenant’s identification sign name on the Monument Sign, shall be subject to the existing rights of existing tenants in the Building, and the location of Tenant’s name on the Monument Sign shall be further subject to Landlord’s reasonable approval. To obtain Landlord’s consent, Tenant shall submit design drawings to Landlord showing the type and sizes of all lettering; the colors, finishes and types of materials used; and (if applicable and Landlord consents in its sole discretion) any provisions for illumination. Although the Monument Sign will be maintained by Landlord, Tenant shall pay its proportionate share of the cost of any maintenance and repair associated with the Monument Sign. In the event that additional names are listed on the Monument Sign, all future costs of maintenance and repair shall be prorated between Tenant and the other parties that are listed on such monument Monument Sign. 42.2 Tenant’s name on the Monument Sign shall be determined on designed, constructed, installed, insured, maintained, repaired and removed from the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign Monument Sign all at Tenant’s sole risk, cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument signexpense. Tenant, Tenant at its cost, shall be responsible for the maintenance, repair or replacement of same. Such obligations Tenant’s signage on the Monument Sign, which shall survive be maintained in a manner reasonably satisfactory to Landlord. 42.3 If during the Term (and any expiration extensions thereof) (a) Tenant or termination a Permitted Transferee is in default under the terms of this Lease after the expiration of applicable cure periods; (b) Tenant leases and occupies less than 15,433 rentable square feet in the Building; or (c) Tenant assigns this Lease, then Tenant’s rights granted herein will terminate and Landlord may remove Tenant’s name from the Monument Sign at Tenant’s sole cost and expense and restore the Monument Sign to the condition it was in prior to installation of Tenant’s signage thereon, ordinary wear and tear excepted. The cost of such removal and restoration shall be payable as additional rent within five (5) days of Landlord’s demand. Landlord may, at anytime during the Term (or any extension thereof), upon five (5) days prior written notice to Tenant, relocate the position of Tenant’s name on the Monument Sign. The cost of such relocation of Tenant’s name shall be at the cost and expense of Landlord. 42.4 The rights provided in this Article shall be non-transferable unless otherwise agreed by Landlord in writing in its sole discretion.

Appears in 1 contract

Sources: Lease Agreement (Telegent Systems, Inc)

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so long as Tenant is leasing and occupying more than fifty percent (50%) of the Building, and is not in default of its obligations under this Lease (after the expiration of any applicable notice and cure period), Tenant shall have the rightright to procure, install, and maintain, all at Tenant’s 's sole cost and expenseexpense except as otherwise expressly provided in subsection 3(f) below, to design, manufacture, install and maintain one tenant identification signage (1the "Tenant Identification Signage") free-standing, internally lighted on the existing monument sign that is located adjacent to be located within Spalding Drive (the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration"Monument Sign"), upon and if identification signs or panels for more than one tenant are permitted on such monument signsubject to the following terms and conditions: (a) All costs and expenses in connection with the procurement, then installation, repair, maintenance and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants replacement of the Building other than Tenant Identification Signage and the Monument Sign shall be the responsibility of Tenant, except as otherwise expressly provided in subsection 3(f) below; (b) The Tenant Identification Signage and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates)Monument Sign shall comply with all legal requirements and association covenants, and Landlord shall be entitled to place obtain any required consents or permits from any applicable governmental authority or association at its expense one or more sign panels on such monument sign identifying Tenant's expense; (c) The exact manner of installation, design, location, size, color, and lettering of the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign Tenant Identification Signage on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument signMonument Sign, and the size, design, color and method manner of illumination of such monument sign the Monument Sign, shall all be subject to the prior written approval of Landlord, which approval ; (d) Tenant shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with pay all costs incurred in furnishing electric power for the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant illumination of the Building, Monument Sign; (e) Tenant shall have the right to place Tenant’s sign panel maintain the Tenant Identification Signage on the Monument Sign only for so long as (i) this Lease remains in full force and associated graphics on such monument sign effect, and (ii) the originally named Tenant herein or a permitted assignee of the originally named Tenant herein is doing business in all of the top position on such monument signPremises. If Tenant shall, at its sole cost and expense, promptly remove the Tenant Identification Signage from the Monument Sign and repair any damage to the Monument Sign and/or any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis portion of the amount of Rentable Area in Project caused by or resulting from such removal if such conditions do not continue to be satisfied. In the Building leased by each event Tenant fails to so remove such tenant. Tenant further agrees that Identification Signage from the Monument Sign or repair such damage, Landlord may remove same and make such repairs at Tenant's cost and Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from pay Landlord on demand as Additional Rent the cost of such monument sign at Tenant’s cost removal and repairs. The Monument Sign shall remain the property of Landlord upon the expiration or earlier termination of this Lease; and (f) Landlord shall contribute up to Five Hundred Dollars ($500) in the aggregate toward the costs incurred by Tenant to procure and if such removal causes any damage or defacement to such monument sign, install the approved Tenant shall be responsible for Identification Signage and the repair of same. Such obligations shall survive any expiration or termination of this Leaseapproved Tenant Pylon Sign (as defined below).

Appears in 1 contract

Sources: Lease Agreement (Serologicals Corp)

Monument Sign. Subject expressly Tenant shall, at Tenant’s sole cost and expense, have the right to install a monument sign on the southwest corner of Wilshire Boulevard and ▇▇▇▇▇▇▇ Boulevard (the “Monument Sign”), provided that all termsaspects of the Monument Sign, conditionsincluding but not limited to, restrictionsgraphics, limitationsmaterials, color, style, design, lettering, size, quality, specifications and exact position shall at all times be consistent with Landlord’s standard signage program for the Project, and requirements imposed by shall be subject to all applicable governmental entities having jurisdiction laws, rules, regulations, codes and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”)approvals, and to Landlord’s prior written approval, in Landlord’s sole discretion. Tenant shall be responsible, at Tenant’s sole cost and expense, for all costs relating to the design, installation, repair, maintenance, and replacement of the Monument Sign. In addition, Tenant shall, at Tenant’s sole cost and expense, pay for any modifications to the Monument Sign or any replacement of the Monument Sign during the Term. The rights contained in this Section 12.2 shall be personal to the Original Tenant, and may only be exercised by the Original Tenant (and not any assignee, sublessee or transferee of Tenant’s interest in this Lease) so long as the Original Tenant is leasing and occupying more than fifty percent (50%) occupies the Premises or a portion thereof; provided however, that so long as Tenant’s Permitted Transferee occupies a portion of the BuildingPremises as a subtenant or assignee of Tenant, such Permitted Transferee shall have the right to install its identification signage on the Monument Sign, in addition to Tenant’s identification signage thereon, subject and is not in default subordinate to all terms and conditions of its obligations under this Lease (after Section 12.2. Prior to the expiration or earlier termination of this Lease, or upon the expiration of any applicable notice and cure period)Tenant’s signage rights as set forth in this Section 12.2, Tenant shall be responsible, at Tenant’s sole cost and expense, for the removal of the Monument Sign, the repair of all damage to the Project caused by such removal, and the restoration of the affected portion of the Project to its original condition prior to the installation of the Monument Sign. In the event Tenant does not timely remove the Monument Sign, and/or repair any damage caused thereby, Landlord shall have the right, at Tenant’s sole cost and expense, to design, manufacture, install remove the Monument Sign and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law repair any and all private restrictions (including, without limitation, damage to the Master Declaration)Project caused by such removal, and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees restore the same to share with Tenant in its original condition prior to the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants installation of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel Monument Sign. Nothing in this Section 12.2 or panels used to identify Tenant or any of its affiliates), and Landlord in Section 12.3 below shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenantderogate from Landlord’s right to maintain any existing, or install such any new, monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant signs outside of the Building, Tenant shall have any eyebrow signs on the right to place Tenant’s sign panel and associated graphics on such monument sign in the top position on such monument sign. If Building or any other tenant shall lease more Rentable Area in signs on the Building or Project in places other than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Monument Sign and Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Lease“Eyebrow Signage” (defined below).

Appears in 1 contract

Sources: Office Lease (Pacific Mercantile Bancorp)

Monument Sign. Subject expressly Tenant, at Tenant’s sole cost, shall have the exclusive right to construct a monument sign in front of the Building displaying Tenant’s name and/or logo (the “Monument Sign”). Tenant’s Monument sign shall be subject to Landlord’s approval (which shall not be unreasonably withheld, conditioned or delayed) as to size, design, location, graphics, materials, colors and similar specifications and shall be consistent with the exterior design, materials and appearance of the Project and the Project’s signage program and shall be further subject to all termsapplicable government laws, conditionsrules, restrictionsregulations, limitationscodes and other approvals. Tenant’s right to maintain the Monument sign shall be contingent upon Tenant’s directly leasing from Landlord the entire Premises. Tenant’s right to maintain the Monument sign may be assigned to any assignee or sublessee of the Original Tenant, and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (includingits Affiliates, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so long as Tenant is leasing and and/or any Permitted Assignee occupying more than fifty percent (50%) of the BuildingPremises, and is not in default of its obligations under this Lease provided that (after the expiration of any applicable notice and cure period), Tenant shall have the right, at Tenant’s sole cost and expense, to design, manufacture, install and maintain one (1i) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place Tenant’s sign panel and associated graphics on such monument sign in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the cost of changing the Monument Sign; and (ii) any new sign may not contain an Objectionable Name. The cost incurred in connection with the initial purchase and installation of the Monument sign and the cost to operate the Monument sign shall be paid by Tenant. Tenant shall be responsible for maintaining Tenant’s Monument sign in good condition and repair throughout the Lease Term, at Tenant’s sole cost. Upon the expiration of same. Such obligations shall survive any expiration the Lease Term, or other earlier termination of this the Lease, or in the event the conditions precedent to the grant of Tenant’s Monument sign set forth above are no longer satisfied, Tenant shall remove the Monument sign and Tenant shall be responsible for any and all costs associated with the removal of the Monument sign, including, but not limited to, the cost to repair and restore the Project to its original condition, normal wear and tear excepted.

Appears in 1 contract

Sources: Lease (THQ Inc)

Monument Sign. Subject expressly During the Term, subject to all termsthe terms and conditions herein, conditionsLandlord shall install and maintain, restrictionsat Tenant’s cost, limitations, a sign panel displaying Tenant’s trade name and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering logo (a “Sign Panel”) on the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so long as Tenant is leasing and occupying more than fifty percent (50%) monument sign in front of the Building, facing Waterford District Drive (the “Monument Sign”) in accordance with this paragraph. The Sign Panel shall: (i) conform to the general material, size, location and is not appearance of the existing and/or prior exterior signage for the Building, (ii) be in default of its obligations under this Lease strict conformity with any guidelines or sign criteria adopted by Landlord with respect to the Monument Sign, (after the expiration of any iii) be in accordance with all applicable notice and cure period)laws, Tenant shall have the right, at Tenant(iv) be installed by a contractor or other party which meets with Landlord’s sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration)prior approval, and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees (v) be constructed pursuant to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration plans which have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord will not be liable to Tenant agrees that or any such monument sign Tenant’s contractor for city requirements pertaining to signage. Tenant’s indemnification and insurance obligations set forth in the Lease shall be designed applicable to utilize first-class construction materials any and shall be architecturally compatible all claims and demands whether for injuries to persons, or damage to property, occurring in connection with the BuildingSign Panel. For so long as Notwithstanding the Rentable Area leased by foregoing, T▇▇▇▇▇’s rights to maintain a Sign Panel under this Section 4 are conditioned upon Tenant remaining in possession of the entire Premises and Tenant being one of the five (5) largest Tenants (in rentable square feet under written lease) within the Building (collectively, the “Signage Condition”), and in the Building event that the Signage Condition shall exceed cease to be satisfied at any time during the Rentable Area Lease Term, Landlord may, upon written notice to Tenant, elect to permanently terminate all of any other tenant of the BuildingTenant’s rights under this Section 4. Following such an election by L▇▇▇▇▇▇▇, Tenant shall have promptly remove the right to place Tenant’s sign panel and associated graphics on such monument sign in Sign Panel from the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by TenantMonument Sign, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon cost, repairing any and all damage caused by such removal, and leaving the expiration or earlier termination Monument Sign in its condition as of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this LeaseEffective Date.

Appears in 1 contract

Sources: Lease (InspireMD, Inc.)

Monument Sign. Subject expressly From and after the Effective Date, notwithstanding anything contained in Paragraph 5 of the Special Stipulations attached to all termsthe Lease as Exhibit "G" to the contrary, conditions, restrictions, limitations, the existing monument sign located between the entrance to the Building and requirements imposed by all applicable governmental entities having jurisdiction Windy Ridge Parkway shall be available to identify and all private restrictions encumbering display the Property name and/or logo of up to three (including, without limitation, that certain Amended and Restated Master Declaration 3) tenants of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception Nothe Building. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and For so long as Tenant is leasing and occupying more than fifty percent (50%) of the BuildingLandlord shall maintain such monument sign, and is not in provided that no event of default of its obligations under this Lease (after the expiration of any applicable notice shall have occurred and cure period)is continuing, Tenant shall have the right, at Tenant’s 's sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted place a sign identifying the name and/or logo of Tenant on such monument sign. The location of Tenant's sign panel on such monument sign to shall be located within the Building Complexdetermined by Landlord in its sole discretion; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of continues to occupy for business purposes more space than any other tenant occupant of the Building, Tenant shall have the right be entitled to place Tenant’s sign panel and associated graphics on such monument maintain its sign in the top position on such monument sign. If The size of the Tenant's sign panel shall not be smaller than the panel of any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign represented on such monument sign. Landlord shall be determined on have the basis right to approve the size, color, design and method of attachment of the amount sign panel identifying the name and/or logo of Rentable Area in Tenant to be placed upon such monument sign, which approval shall not be unreasonably withheld, conditioned or delayed. Upon request by Landlord, which request shall not be made prior to the date that a lease with another tenant of the Building leased has been fully executed by each Landlord and such other tenant. , Tenant further agrees that Tenant shall remove any Tenant's existing sign panellocated on the monument sign, graphics or letters identifying whereupon Tenant (or its affiliates) from shall be entitled to place Tenant's approved sign panel on such monument sign at Tenant’s cost upon in the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Leaselocation determined by Landlord as provided above.

Appears in 1 contract

Sources: Lease Agreement (Indus International Inc)

Monument Sign. Subject expressly to all termsProvided that (x) Tenant is The Honest Company, conditionsInc. or a Tenant Affiliate or a Transfer Assignee, restrictions, limitations(y) Tenant or a Tenant Affiliate or a Transfer Assignee has not actually vacated and/or subleased in excess of 43,614 square feet of Rentable Area of the Premises initially demised under this Lease, and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration z) no event of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so long as Tenant is leasing and occupying more than fifty percent (50%) of the Building, and is not in material default of its obligations under this Lease (after the expiration of any beyond applicable notice and cure period)periods has occurred and is continuing, Tenant shall have the rightLandlord, at Tenant’s sole cost and expense, to design, manufacture, shall install and maintain one Tenant’s signage on the upper two (12) freepanels of the multi-standing, internally lighted tenant monument sign to be located within of the Building Complex; providedlocated in the northern part of the Project, however, if as such a monument sign is permitted more particularly shown in Exhibit J attached hereto and incorporated herein for all purposes (collectively the “Tenant’s Sign”). Notwithstanding the foregoing sentence, Tenant’s Sign (and the installation thereof) shall be subject to and in compliance with all laws, applicable conditions, covenants and restrictions affecting the Building and any commercially reasonable and non-discriminatory signage criteria adopted by Landlord for the Project. Tenant shall be solely responsible for the cost and expense of obtaining and maintaining any necessary permits for Tenant’s Sign and any sign licenses related thereto, and for the cost and expense of maintenance and utilities for Tenant’s Sign (including all metered electrical usage). Additionally, Tenant shall maintain Tenant’s Sign in a first class manner. The style, type, color, size, and design of Tenant’s Sign and the means and method of attachment of Tenant’s Sign shall be subject to Landlord’s prior written approval, which approval shall be in Landlord’s sole discretion. All rights and remedies of Landlord under applicable law and all private restrictions the Lease (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant Landlord’s self-help remedies) shall apply in the cost event Tenant fails to maintain Tenant’s Sign as herein required. Upon the expiration or earlier termination of such the Lease, Tenant shall pay all costs associated with the removal of Tenant’s Sign and restoration to the monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants and/or exterior of the Building other than Tenant (and its affiliates) bears to the total number reasonably required by Landlord as a result of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtainedremoval. The exact location terms and provisions of such monument sign, and the size, design, color and method of illumination of such monument sign this Paragraph 19(jj) shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place Tenant’s sign panel and associated graphics on such monument sign in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon survive the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Lease.

Appears in 1 contract

Sources: Office Lease (Honest Company, Inc.)

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amendeda) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so So long as (a) Tenant is leasing and occupying more than fifty percent (50%) of the Building, and is not in default under the terms of its obligations under this Lease the Lease; (after b) Tenant is in occupancy of not less than 50% of the expiration rentable square footage of any applicable notice and cure period), Tenant shall have the right, at Tenant’s sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant Premises as originally described in the cost of such monument sign on a prorata basis, such prorata share to be determined based on Lease; and (c) Tenant has not assigned the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants Lease or sublet any part of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the BuildingPremises, Tenant shall have the right to place have its name listed on the shared monument sign for the Building (the “Monument Sign”), subject to the terms of this Section 2. The design, size and color of Tenant’s signage with Tenant’s name to be included on the Monument Sign, and the manner in which it is attached to the Monument Sign, shall comply with all applicable Laws and shall be subject to the approval of Landlord, any applicable owners’ association requirements and any applicable governmental authorities. Landlord reserves the right to withhold consent to any sign panel and associated graphics on such monument sign that, in the top position on such monument sign. If any other tenant shall lease more Rentable Area in sole judgment of Landlord, is not harmonious with the design standards of the Building than is leased by and Monument Sign. Landlord shall have the right to require that all names on the Monument Sign be of the same size and style. Tenant must obtain Landlord’s written consent to any proposed signage and lettering prior to its fabrication and installation. Tenant’s right to place its name on the Monument Sign, and the location of each tenantTenant’s identification sign name on the Monument Sign, shall be subject to the existing rights of existing tenants in the Building, and the location of Tenant’s name on the Monument Sign shall be further subject to Landlord’s reasonable approval. To obtain Landlord’s consent, Tenant shall submit design drawings to Landlord showing the type and sizes of all lettering; the colors, finishes and types of materials used; and (if applicable and Landlord consents in its sole discretion) any provisions for illumination. Although the Monument Sign will be maintained by Landlord, Tenant shall pay its proportionate share of the cost of any maintenance and repair associated with the Monument Sign. In the event that additional names are listed on the Monument Sign, all future costs of maintenance and repair shall be prorated between Tenant and the other parties that are listed on such monument Monument Sign. (b) Tenant’s name on the Monument Sign shall be determined on designed, constructed, installed, insured, maintained, repaired and removed from the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign Monument Sign all at Tenant’s sole risk, cost upon and expense. Tenant, at its cost, shall be responsible for the maintenance, repair or replacement of Tenant’s signage on the Monument Sign, which shall be maintained in a manner reasonably satisfactory to Landlord. (c) Upon the expiration or earlier termination of this the Lease, or if during the Term (and any extensions thereof) (a) Tenant is in default under the terms of the Lease after the expiration of applicable cure periods; (b) Tenant leases and occupies less than 50% of the rentable square footage of the Premises as originally described in the Lease; or (c) Tenant assigns the Lease, then Tenant’s rights granted herein will terminate and if Landlord may remove Tenant’s name from the Monument Sign at Tenant’s sole cost and expense and restore the Monument Sign to the condition it was in prior to installation of Tenant’s signage thereon, ordinary wear and tear excepted. The cost of such removal causes any damage or defacement to such monument sign, Tenant and restoration shall be responsible for payable as additional rent within 5 days of Landlord’s demand. Landlord may, at anytime during the repair Term (or any extension thereof), upon 5 days prior written notice to Tenant, relocate the position of sameTenant’s name on the Monument Sign. Such obligations The cost of such relocation of Tenant’s name shall survive any expiration or termination be at the cost and expense of Landlord. (d) The rights provided in this LeaseSection shall be non-transferable unless otherwise agreed by Landlord in writing in its sole discretion.

Appears in 1 contract

Sources: Office Lease (Cepheid)

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so 10.2.1 So long as (a) Tenant is leasing not in default under the terms of the Lease for more than sixty (60) days beyond applicable notice and occupying more cure periods; (b) Tenant or an assignee following a Permitted Transfer is in occupancy of no less than fifty percent (50%) of the Building, entire Building D Expansion Space; and is (c) Tenant has not assigned the Lease or sublet the Building D Expansion Space other than in default of its obligations under this Lease (after the expiration of any applicable notice and cure period)connection with a Permitted Transfer, Tenant shall have the rightnonexclusive right to have its name listed on the shared monument sign for Building D (the "Monument Sign"), at subject to the terms of this Section 10.2. So long as Tenant leases 100% of Building D, the Monument Sign shall be exclusive to Tenant’s sole cost and expense, to . The design, manufacture, install size and maintain one (1) free-standing, internally lighted monument sign color of Tenant's signage with Tenant's name to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based included on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument signMonument Sign, and the sizemanner in which it is attached to the Monument Sign, design, color shall comply with all applicable Laws and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, Landlord's approval not to be unreasonably withheld, and any applicable governmental authorities. Landlord reserves the right to withhold consent to any sign that, in the reasonable judgment of Landlord, is not harmonious with the design standards of Building D and Monument Sign. Landlord shall have the right to require that all names on the Monument Sign be of the same size and style. Tenant must obtain Landlord's written consent (which approval consent shall not be unreasonably withheld) to any proposed signage and lettering prior to its fabrication and installation. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the BuildingTo obtain Landlord's consent, Tenant shall have submit design drawings to Landlord showing the right to place Tenant’s sign panel type and sizes of all lettering; the colors, finishes and types of materials used; and (if applicable and Landlord consents in its sole discretion) any provisions for illumination. Although the Monument Sign will be maintained by Landlord, Tenant shall pay its proportionate share of the cost of any maintenance and repair associated graphics with the Monument Sign. In the event that additional names are listed on the Monument Sign, all future costs of maintenance and repair shall be prorated between Tenant and the other parties listed on such monument sign in Monument Sign. 10.2.2 Tenant's name on the top position on such monument signMonument Sign shall be designed, constructed, installed, insured, maintained, repaired and removed from the Monument Sign all at Tenant's sole risk, cost and expense. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument at its cost, shall be determined responsible for the maintenance, repair or replacement of Tenant's signage on the basis of the amount of Rentable Area Monument Sign, which shall be maintained in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon a manner reasonably satisfactory to Landlord. 10.2.3 Upon the expiration or earlier termination of this the Lease, as amended hereby, or if during the Building D Term (and any extensions thereof) (a) Tenant is in default under the terms of the Lease for more than sixty (60) days after the expiration of applicable cure periods; (b) Tenant leases less than fifty percent (50%) of the entire Building D Expansion Space; or (c) Tenant assigns the Lease (other than to a Permitted Transferee), then Tenant's rights granted herein will terminate and if Landlord may remove Tenant's name from the Monument Sign at Tenant's sole cost and expense and restore the Monument Sign to the condition it was in prior to installation of Tenant's signage thereon, ordinary wear and tear and damage due to casualty and condemnation excepted. The cost of such removal causes any damage or defacement to such monument sign, Tenant and restoration shall be responsible for payable as additional rent within thirty (30) days of Landlord's written demand accompanied by a documented invoice therefor. Landlord may, at anytime during the repair Term (or any extension thereof) when Tenant is not the sole Tenant in the Building D Expansion Space, upon five (5) days prior written notice to Tenant, relocate the position of sameTenant's name on the Monument Sign. Such obligations The cost of such relocation of Tenant's name shall survive any expiration or termination be at the cost and expense of Landlord. 10.2.4 The rights provided in this LeaseSection 10.2 shall be non-transferable other than to an assignee as part of a Permitted Transfer unless otherwise agreed by Landlord in writing in its sole discretion.

Appears in 1 contract

Sources: Office Lease Agreement (GoPro, Inc.)

Monument Sign. Subject expressly Lessor grants Lessee the nonexclusive right to all terms, conditions, restrictions, limitations, and requirements imposed display its name in the building standard font on the monument sign of the Building (the “Monument Sign”) subject to the following provisions: (a) Lessee’s right to display its name on the Monument Sign shall be automatically withdrawn by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (includingLessor, without limitationfurther notice to Lessee, that certain Amended sixty (60) days following the Commencement Date hereof, unless Lessee shall prior thereto pay Lessor the amount Lessor shall invoice Lessee for the cost to fabricate and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amendedinstall Lessee’s name on the Monument Sign; (b) Lessee’s right to display its name on the Monument Sign shall be withdrawn by Lessor following fifteen (said Amended and Restated Master Declaration, as amended, is herein referred 15) days written notice to as the “Master Declaration”), and so long as Tenant is leasing and occupying more Lessee by Lessor if Lessee (a) occupies less than fifty percent (50%) 3,000 rentable square feet of the Building; (b) sublets, and in the aggregate, more than 4,380 rentable square feet of the premises, (c) assigns the Lease, other than to a Qualified Financial Institution, or (d) is not in default of its obligations under this Lease under Article 17 hereof; (c) Lessee shall pay to Lessor, from time to time and within thirty (30) days after receipt of written demand, Lessee’s portion of all expenses incurred by Lessor that are attributable to the expiration of any applicable notice and cure periodlighting (if applicable), Tenant maintenance, cleaning and repair of the Monument Sign during the period of time that Lessee’s name is on the Monument Sign. Lessee’s portion of such expenses shall be calculated by Lessor by dividing such expenses equally among all lessees and occupants that have signs on the rightMonument Sign; (d) Commencing as of the Commencement Date (and prorated if the Commencement Date occurs on a date other than the first day of a calendar month), at Tenant’s sole cost and expenseLessee shall pay to Lessor rent for the sign, to design, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (includingin advance, without limitationprior notice, demand or billing statement, on or before the Master Declaration)first day of each calendar month during the lease Term, and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost sum of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant Two Hundred Dollars (and its affiliates$200.00) bears to the total number of such panels permitted on any such monument sign per month, (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(se) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant Lessor shall have the right to place Tenantrelocate, redesign, and/or reconstruct the Monument Sign from time to time as determined by Lessor in Lessor’s sign panel sole discretion; and (f) Upon termination and/or expiration of the Lease Term, Lessor shall permanently remove Lessee’s name from the Monument Sign, repair any damage to the Monument Sign that may result from the removal of Lessee’s name, and associated graphics on such monument sign charge Lessee for all expenses and costs incurred in connection with said removal and repair. The design, size, specifications, graphics, materials, colors, and lighting (if applicable) of the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument Exterior Identity Sign shall be determined on the basis of the amount of Rentable Area by Lessor in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at TenantLessor’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Leasesole discretion.

Appears in 1 contract

Sources: Lease Agreement (Manhattan Bancorp)

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, and requirements imposed by the approval of all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”)quasi-governmental entities, and so long as subject to all applicable governmental and quasi -governmental laws, rules, regulations and codes, Landlord hereby grants Tenant is leasing and occupying more than fifty percent (50%) of the Building, and is not in default of its obligations under this Lease (after the expiration of any applicable notice and cure period), Tenant shall non-exclusive right to have the right, at Tenant’s sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted identification sign ("Tenant's Name Sign") containing the name "Countrywide Home Loans" on both sides of the Building 's monument sign (the "Monument Sign") perpendicular to Evening Creek Dive. The location, design, size, specifications, graphics, materials, manner of affixing, colors and lighting (if applicable) of Tenant's Name Sign shall be (i) consistent with the project signage criteria attached hereto as Exhibit H and otherwise consistent with other signs to be located within placed on this Monument Sign and the Building Complexquality and appearance of the Real Property and (ii) subject to the approval of all applicable governmental authorities, (iii) subject to the approval of all other entities and associations that have approval rights to such Monument Sign, and (iv) subject to Landlord's reasonable approval. Landlord shall install Tenant's Name Sign at [***] cost; provided, however, that Tenant shall pay to Landlord, within thirty (30) days after demand, from time to time, all other costs attributable to the fabrication, installation, insurance, lighting (if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declarationapplicable), maintenance and repair of Tenant's Name Sign on the Monument Sign. The signage right granted to Tenant under this Section 24.8.2 is personal to the Original Tenant and any Affiliate of Original Tenant to which Original Tenant's entire interest in this Lease has been assigned pursuant to Section 14.7 of this Lease and may not be exercised or used by or assigned to any other person or entity. In addition, Original Tenant (or such Affiliate assignee, as the case may be) shall no longer have any right to Tenant's Name Sign on the Monument Sign if identification signs at any time during the Lease Term the Original Tenant (or panels for more than one tenant are permitted on such monument signAffiliate assignee, then as the case may be) does not lease and in such caseoccupy the entire Premises. Upon the expiration or sooner termination of this Lease, or upon the earlier termination of Tenant's signage right under this Section 24.8.2, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place permanently remove Tenant’s sign panel 's Name Sign from the Monument Sign and associated graphics on to repair all damage to the Monument Sign resulting from such monument sign in removal and restore the top position on such monument sign. If any other tenant shall lease more Rentable Area in affected area to its original condition existing prior to the Building than is leased by installation of Tenant's Name Sign, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that and Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible reimburse Landlord for the repair of same. Such obligations shall survive any expiration or termination of this Leasecosts thereof.

Appears in 1 contract

Sources: Lease Agreement (Bridgepoint Education Inc)

Monument Sign. Subject expressly to all termsthe prior written consent of Landlord (if required under the Master Lease) and the procurement of any approvals or permits required by City, conditionsSubtenant will be entitled to a pro-rata allocation of space on any monument signage serving the Building (a “Monument Sign”) for the purpose of displaying Subtenant’s name only, restrictionsin Project-standard lettering. Subtenant acknowledges that no such Monument Sign exists as of the date of this Sublease; however, limitationsSublandlord shall install Monument Sign serving the Building within sixty (60) days of the date hereof. Further, the location of Subtenant’s trade name on the Monument Sign shall be subject to availability at the time Subtenant elects to install same on any such monument and Subtenant shall also be entitled to signage identifying its name in the lobby directory of the Building (if any) and to signage identifying its name and/or logo at the entrance to the Subleased Premises. Sublandlord shall not be required to reserve any particular location or band on the Monument Sign for Subtenant’s use. Any signage of Subtenant installed on the Monument Sign is referred to herein as “Subtenant’s Monument Signage”. Any such signage will be installed at Subtenant’s sole cost and expense by contractors designated by Sublandlord. The graphics, materials, color, design, lettering, lighting, size, specifications, location and manner of affixing the Subtenant’s Monument Signage shall be subject to Sublandlord’s prior approval, which shall not be unreasonably withheld, and requirements imposed by will be further subject to compliance with all applicable governmental entities having jurisdiction laws, ordinances, restrictions of record and all private restrictions encumbering the Property easements affecting same (includingcollectively, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the Master DeclarationSign Laws”). Sublandlord’s approval of Subtenant’s Monument Signage shall not constitute a representation by Sublandlord that Subtenant’s Monument Signage complies with any applicable Sign Laws. Any such signage will be removed by Subtenant at Subtenant’s expense at the earlier to occur of (a) the Expiration Date and (b) the date upon which the signage rights granted herein are terminated. The rights granted pursuant to this Section 21 are personal to NeurogesX, Inc., and so long as Tenant is leasing and occupying more may not be transferred or assigned to any other individual or entity (other than an assignee of Subtenant’s interest in this Sublease or a subtenant of fifty percent (50%) of the Building, and is not in default of its obligations under this Lease (after the expiration of any applicable notice and cure periodSubleased Premises), Tenant shall have the right, at Tenant’s sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place Tenant’s sign panel and associated graphics on such monument sign in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Lease.

Appears in 1 contract

Sources: Sublease (NeurogesX Inc)

Monument Sign. Subject expressly to all termsthe prior written consent of Landlord and the procurement of any approvals or permits required by City, conditionsSubtenant will be entitled to an equitable allocation of space on shared monument signage, restrictionsif any, limitationsserving the Building (a “Monument Sign”) for the purpose of displaying Subtenant’s name (using Project-standard lettering) only. Subtenant acknowledges that no such Monument Sign exists as of the date of this Sublease nor does this Section 21 obligate Sublandlord to install any Monument Sign. Further, the location of Subtenant’s tradename on the Monument Sign shall be subject to availability at the time Subtenant elects to install same on any such monument and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering Sublandlord shall not be required to reserve any particular location or band on the Property (including, without limitation, that certain Amended and Restated Master Declaration Monument Sign for Subtenant’s use. Any signage of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, Subtenant installed on the Monument Sign is herein referred to herein as the Master DeclarationSubtenant’s Monument Signage), and so long as Tenant is leasing and occupying more than fifty percent (50%) of the Building, and is not in default of its obligations under this Lease (after the expiration of any applicable notice and cure period), Tenant shall have the right, . Any such signage will be installed at TenantSubtenant’s sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used expense by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtainedcontractors designated by Sublandlord. The exact location of such monument signgraphics, and the sizematerials, color, design, color lettering, lighting, size, specifications, location and method manner of illumination of such monument sign affixing the Subtenant’s Monument Signage shall be subject to the Sublandlord’s prior written approval of Landlordapproval, which approval shall not be unreasonably withheld, and will be further subject to compliance with all laws, ordinances, restrictions of record and easements affecting same (collectively, “Sign Laws”). Tenant agrees Sublandlord’s approval of Subtenant’s Monument Signage shall not constitute a representation by Sublandlord that Subtenant’s Monument Signage complies with any applicable Sign Laws. Any such monument sign shall signage will be designed removed by Subtenant at Subtenant’s expense at the earlier to utilize first-class construction materials occur of (a) the Expiration Date and shall be architecturally compatible with (b) the Building. For so long as date upon which the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place Tenant’s sign panel and associated graphics on such monument sign in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Leasesignage rights granted herein are terminated.

Appears in 1 contract

Sources: Sublease (Guidewire Software, Inc.)

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, A. During the initial Term and requirements imposed by all applicable governmental entities having jurisdiction any extension thereof and all private restrictions encumbering the Property (including, without limitation, provided that certain Amended Tenant leases and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so long as Tenant is leasing and occupying more than fifty percent (50%) of occupies at least 20,000 rentable square feet in the Building, and is not in default of provided that Tenant installs its obligations under this Lease name on the Monument Sign (after defined below) within 6 months following the expiration of any applicable notice and cure period)Commencement Date, Tenant shall have the rightTenant, at Tenant’s sole cost and expense, (subject to design, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on apply the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for Allowance thereto, as set forth in the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument signWork Letter), and the size, design, color and method of illumination of such monument sign shall be but subject to the prior written approval of Landlordgovernmental approval, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place its name on the Building monument sign located as shown on Exhibit F-2 attached hereto (the “Monument Sign”). The design, size and color of the signage with Tenant’s sign panel name to be included on the Monument Sign, and associated graphics the manner in which it is attached to the Monument Sign, shall be subject to the reasonable approval of Landlord and all applicable governmental authorities, and Landlord shall have the right to require that all names on such monument sign in the top position on such monument signMonument Sign be of the same size and style. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, at its cost, shall be responsible for the maintenance, repair or replacement of Tenant’s signage on the Monument Sign, which shall be maintained in a manner reasonably satisfactory to Landlord. The location of each tenantTenant’s identification sign name on such monument the Monument Sign shall be determined on subject to Landlord’s reasonable approval. Although the basis Monument Sign will be maintained by Landlord, Tenant shall pay its proportionate share of the amount cost of Rentable Area in any maintenance, and repair associated with the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the Monument Sign. B. Upon expiration or earlier termination of this Lease; the Lease or Tenant’s right to possession of the Premises, or if Tenant leases and if such removal causes any damage or defacement occupies less than 20,000 rentable square feet in the Building, Landlord, at Tenant’s cost, payable as Additional Rent within 30 days after written demand therefor, shall have the right to such monument signremove Tenant’s signage from the Monument Sign and restore the Monument Sign to the condition it was in prior to installation of Tenant’s signage thereon, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Leaseordinary wear and tear excepted.

Appears in 1 contract

Sources: Office Lease Agreement (Cardica Inc)

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so 9.11.1 So long as (a) Tenant is leasing and occupying more than fifty percent (50%) of the Building, and is not in default under the terms of its obligations under this Lease (after the expiration of Lease, as amended hereby, beyond any applicable notice and cure period), and (b) Tenant has not assigned the Lease (other than pursuant to a Permitted Transfer) or sublet more than forty percent (40%) of the Third Expansion Space, Tenant shall have the rightexclusive right to use the current monument sign for the 630 Building, at the location of which is shown on Exhibit D attached hereto (the “Monument Sign”) by placing Tenant’s sole cost and expensename and/or logo thereon, subject to the terms of this Section 9.11. The design, manufacture, install size and maintain one (1) free-standing, internally lighted monument sign color of Tenant’s signage with Tenant’s name/logo to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based included on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument signMonument Sign, and the sizemanner in which it is attached to the Monument Sign, design, color shall comply with all applicable Regulations and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, Landlord (which approval shall not be unreasonably withheld, and in any event Landlord hereby approves the style of Tenant’s name and logo in the graphic shown on Exhibit D attached hereto) and any applicable governmental authorities, including, without limitation, the City of Milpitas. Landlord reserves the right to withhold consent to any sign that, in the reasonable judgment of Landlord, is not harmonious with the design standards of the Project. Tenant agrees that must obtain Landlord's written consent to any such monument sign proposed signage and lettering prior to its fabrication and installation, which consent shall not be designed to utilize first-class construction materials and shall be architecturally compatible with the Buildingunreasonably withheld, conditioned or delayed. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the BuildingTo obtain Landlord's consent, Tenant shall have submit design drawings to Landlord showing the right to place type and sizes of all lettering; the colors, finishes and types of materials used; and (if applicable and Landlord consents thereto in its reasonable discretion) any provisions for illumination. Although the Monument Sign will be maintained by Landlord, Tenant shall pay its proportionate share of the cost of any maintenance and repair associated with the Monument Sign. 9.11.2 Tenant’s sign panel and associated graphics name on such monument sign in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument Monument Sign shall be determined on designed, constructed, installed, insured, maintained, repaired and removed from the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign Monument Sign all at Tenant’s sole risk, cost upon and expense. Tenant, at its cost, shall be responsible for the maintenance, repair or replacement of Tenant’s signage on the Monument Sign, which shall be maintained in a manner reasonably satisfactory to Landlord. 9.11.3 Upon the expiration or earlier termination of the Lease or if during the Term (and any extensions thereof) (a) Tenant is in default under the terms of the Lease after the expiration of applicable notice and cure periods; (b) Tenant leases and occupies less than sixty percent (60%) of the 630 Building; or (c) Tenant assigns the Lease (other than pursuant to a Permitted Transfer), then Tenant's rights granted pursuant to this Lease; Section 9.11 will terminate and if such removal causes any damage or defacement to such monument sign, Tenant shall remove Tenant’s name from the Monument Sign at Tenant’s sole cost and expense and restore the Monument Sign to the condition it was in prior to installation of Tenant’s signage thereon, ordinary wear and tear excepted. 9.11.4 The rights provided in this Section 9.11 shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Leasenon-transferable (other than pursuant to a Permitted Transfer) unless otherwise agreed by Landlord in writing in its sole discretion.

Appears in 1 contract

Sources: Lease Agreement (FireEye, Inc.)

Monument Sign. Subject expressly to all termsProvided that (x) Tenant is the Tenant originally named herein, conditions, restrictions, limitations, and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amendedy) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so long as Tenant is leasing and occupying more than fifty percent (50%) actually occupies the entirety of the BuildingPremises, and (z) no event of default or event which but for the passage of time or the giving of notice, or both, would constitute a default has occurred and is not in default of its obligations under this Lease (after the expiration of any applicable notice and cure period)continuing, Tenant shall have the rightthen, Landlord, at Tenant’s sole cost and expense, to design, manufacture, shall install and maintain one (1) free-standing, internally lighted panel of Tenant’s signage on the monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, the location of which shall be in Landlord’s sole and absolute discretion (the “Monument Sign”). The engineering, manufacture, installation, maintenance and removal of, and the procurement of all required approvals for, the Monument Sign shall be at Tenant’s sole cost and expense. The Monument Sign shall be in compliance with all applicable Laws, ordinances, restrictions, rules and regulations, as well as all applicable covenants, restrictions or deed restrictions affecting the Building and Land (collectively, the “Applicable Rules and Restrictions”). Tenant shall be responsible for the costs to maintain the Monument Sign in good condition and repair and, prior to the expiration of the Lease Term or the earlier termination of this Lease or Tenant’s right of possession under this Lease, Tenant shall pay for and cause the removal of the Monument Sign and restore the Building to the condition immediately prior to the installation of the Monument Sign, at Tenant’s sole cost and expense. In the event Tenant fails to pay for or cause the removal of the Monument Sign, Landlord shall have the right to place remove the Monument Sign and Tenant shall reimburse Landlord on demand for all costs incurred by Landlord in connection therewith, plus an additional charge equal to ten percent (10%) of such costs incurred by Landlord as a coordination fee, and upon any such removal Landlord shall have the right to dispose of the same in any manner Landlord so desires without any liability to Tenant therefor. Notwithstanding anything herein to the contrary, Landlord shall have the right to terminate Tenant’s sign panel rights to the Monument Sign by providing written notice of termination to Tenant if, at any time, Tenant (1) assigns this Lease (except to a Permitted Transferee), (2) subleases any portion of the Premises (except to a Permitted Transferee), or (3) suffers an event of default of any term or condition of this Lease (beyond the expiration of all applicable notice and associated graphics on such monument sign cure periods). In the event Landlord terminates Tenant’s rights to the Monument Sign as provided for in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenantimmediately preceding sentence, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove the Monument Sign from the Building and Land, and repair any sign paneldamage to the Building and Land caused by the installation, graphics or letters identifying maintenance and/or removal thereof within thirty (30) days following receipt of Landlord’s written notice of termination, and, in the event Tenant fails to timely remove the Monument Sign and/or repair such damage, Landlord shall have the right to do the same and Tenant shall reimburse Landlord on demand for all costs incurred by Landlord in connection therewith, plus an additional charge equal to ten percent (or 10%) of such costs incurred by Landlord as a coordination fee (and Tenant shall be deemed to have abandoned the Monument Sign and Landlord shall have the right to dispose of the Monument Sign in any manner Landlord shall choose in its affiliates) from such monument sign at Tenant’s cost upon sole discretion without any liability whatsoever to Tenant with respect thereto). The terms and provisions of this Exhibit H shall survive the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Lease.

Appears in 1 contract

Sources: Office Lease (Xencor Inc)

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, and requirements imposed by the approval of all applicable governmental entities having jurisdiction authorities, and compliance with all private restrictions encumbering Laws, the Property Underlying Documents, and the terms of this Section 25(b), Landlord hereby grants Tenant the non-exclusive right to have Tenant’s name, “Griptonite, Inc.” and/or the name of Tenant’s parent corporation, “Glu Mobile Inc.,” but no other markings, displayed on one (including, without limitation, that certain Amended and Restated Master Declaration 1) sign panel of Covenants, Conditions and Restrictions the existing monument sign for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) the Building (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master DeclarationSignage Monument”). The design, size, specifications, graphics, materials, colors, lighting (if applicable) and so long as Tenant is leasing exact location with respect to Tenant’s name sign on the Signage Monument shall be (A) consistent with the other signs (if any) on or to be placed on the Signage Monument and occupying more than fifty percent (50%) the quality and appearance of the BuildingProject and (B) designated by Landlord, and is not in default subject to the approval of its obligations under this Lease (after all applicable governmental authorities. Landlord shall install Tenant’s name sign on the expiration of any applicable notice and cure period), Tenant shall have the right, Signage Monument at Tenant’s sole cost and expense. Any changes, to designadditions, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs deletions or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears modifications to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign Monument Signage shall be subject to the Landlord’s prior written approval (in its sole and absolute discretion) and shall also be at Tenant’s sole cost and expense. In addition, Tenant shall pay to Landlord from time to time, within thirty (30) days after Tenant’s receipt of an invoice from Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed together with reasonable supporting evidence, all other commercially reasonable costs attributable to utilize firstthe fabrication, installation, insurance, lighting (if applicable), maintenance and repair of Tenant’s name on the Signage Monument, plus a pro-class construction materials and shall be architecturally compatible with rata share (determined by Landlord based upon the Building. For so long as number of tenant signs on the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant Signage Monument) of the Buildingcosts of maintenance, Tenant insurance, and repair of the Signage Monument. Landlord shall have the right to place Tenant’s sign panel and associated graphics on such monument sign in relocate, redesign and/or reconstruct the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Lease.Signage Monument

Appears in 1 contract

Sources: Lease Agreement (Glu Mobile Inc)

Monument Sign. Subject expressly to all termsTenant may remove the existing monument sign at the Building, conditions, restrictions, limitationsat Tenant’s sole cost and expense, and requirements imposed by install a new non-exclusive monument sign (the “Monument Sign”) in a mutually agreeable location at the Project. Notwithstanding the foregoing, Tenant and its contractors shall not have the right to construct the new Monument Sign unless and until Tenant has complied with all applicable governmental entities having jurisdiction of the terms and all private restrictions encumbering conditions of Article 5 of the Property (Lease, including, without limitation, that certain Amended approval by Landlord of the final plans for the Monument Sign and Restated Master Declaration the contractors to be retained by Tenant to perform such construction. The location, design, size and color of Covenants, Conditions the Monument Sign and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public recordsthe manner the Monument Sign is installed at the Project, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to well as the “Master Declaration”)location, design, size and color of the signage with Tenant’s name to be included on the Monument Sign and the manner in which it is attached to the Monument Sign, shall be subject to the approval of Landlord and shall be in compliance with all applicable Laws. Upon installation, the Monument Sign shall become the property of Landlord, without compensation to Tenant, and so long as Tenant is leasing and occupying more than fifty percent (50%) Landlord shall have the right to install the names of other tenants of the BuildingProject on the Monument Sign without compensation to Tenant. Although the Monument Sign will be maintained by Landlord, and is not in default Tenant shall pay its pro rata share of its obligations under this Lease (after the expiration cost of any applicable notice maintenance or repair associated with the Monument Sign and cure period)such amount shall constitute Additional Rent. Notwithstanding the foregoing, Tenant, at its cost, shall be responsible for the maintenance, repair or replacement of Tenant’s signage on the Monument Sign, which shall be maintained in a manner reasonably satisfactory to Landlord. Upon expiration or earlier termination of the Lease or Tenant’s right to possession of the Premises, or if Tenant leases and occupies less than 75% of the rentable square footage of the Premises, Landlord, at Tenant’s cost, payable as Additional Rent within 30 days after demand therefor, shall have the right, at Tenant’s sole cost and expensecost, to design, manufacture, install remove Tenant’s signage from the Monument Sign and maintain one (1) free-standing, internally lighted monument sign to be located within restore the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears Monument Sign to the total number condition it was in prior to installation of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining signage thereon, ordinary wear and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place Tenant’s sign panel and associated graphics on such monument sign in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Leasetear excepted.

Appears in 1 contract

Sources: Lease (Sientra, Inc.)

Monument Sign. Subject expressly Landlord and Tenant acknowledge that Landlord is currently constructing a multi-tenant monument sign at the entrance to all terms, conditions, restrictions, limitations, and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception NoCorporate 500 Centre. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so long as Tenant is leasing and occupying more than fifty percent (50%) of the Building, and is not in default of its obligations under this Lease (after the expiration of any applicable notice and cure period), Tenant shall have the rightbe entitled to install, at Tenant’s sole cost and expense, the following (collectively, “Tenant’s Signage”): (i) a sign adjacent to designthe entry to the Second Expansion Space, manufacturewith the frame of such sign 23” wide by 6” tall, install with 1 7⁄8” capital letters and maintain one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration)1 1⁄2” lower case letters, and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on (ii) a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place Tenant’s sign panel and associated graphics on such monument sign in the top position strip on such monument sign. If The graphics, materials, color, design and the specifications for Tenant’s Signage shall be subject to Landlord’s reasonable approval. Tenant’s Signage shall be personal to the Original Tenant or an Affiliated Assignee (as those terms are defined in Article 31 of the Original Lease) and may not be assigned to any other tenant assignee or sublessee, or any other person or entity. Landlord has the right, but not the obligation, to oversee the installation of Tenant’s Signage. The cost to maintain and operate, if any, Tenant’s Signage shall lease more Rentable Area in the Building than is leased be paid for by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon Upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument signthe Lease (as amended), Tenant shall be responsible for any and all costs associated with the removal of Tenant’s Signage, including, but not limited to, the cost to repair and restore the monument to its original condition, normal wear and tear excepted. Notwithstanding anything to the contrary contained herein, if Landlord grants signage rights on such monument to another tenant leasing a larger number of same. Such obligations shall survive rentable square feet than Tenant, Landlord may, at Tenant’s expense, remove Tenant’s Signage granted to Tenant under (ii) above from the monument and repair any expiration or termination of this Leasedamage to the monument resulting from such removal.

Appears in 1 contract

Sources: Lease (Horizon Pharma, Inc.)

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, Provided that Tenant leases and requirements imposed by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property (including, without limitation, that certain Amended and Restated Master Declaration is in actual occupancy of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended) (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so long as Tenant is leasing and occupying more than fifty percent (50%) of at least 20,000 rentable square feet in the Building, and is not in default of its obligations under this Lease (after the expiration of any applicable notice and cure period), then Tenant shall have the rightshall, at Tenant’s sole cost and expense, be entitled to designplace an unlighted sign (“Tenant’s Sign”) identifying Tenant’s name and business on fifty percent (50%) of the existing non-exclusive monument located on Montague Expressway (“Monument”) as shown on Exhibit A-1, manufacturesubject to the conditions of this Article 38. Tenant’s Sign shall be (a) non-exclusive on the Monument, install (b) subject to Landlord’s prior written approval, in Landlord’s reasonable discretion, as to the size, location, material and maintain one (1) free-standingcolor, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions other aspects of Tenant’s Sign (including the position of Tenant’s Sign on the Monument), (c) subject to all applicable ordinances, regulations and the prior approval of all applicable governmental authorities, including the City of San Jose, California, (d) only be installed after Tenant obtains all necessary permits and approvals from the applicable authorities, and (e) be installed and maintained in good condition at Tenant’s sole cost and expense (including, without limitation, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in the cost of such monument sign on a prorata basis, such prorata share obtaining all permits and other governmental approval). Throughout the Term of this Lease Tenant shall not make any change or changes to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears to the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to Sign without the prior written approval consent of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with Upon the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant shall have the right to place Tenant’s sign panel and associated graphics on such monument sign in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Lease, Tenant shall remove Tenant’s Sign at Tenant’s sole cost and expense, and repair all damage resulting from such removal. If Tenant fails to remove Tenant’s Sign within fifteen (15) days of the expiration or termination of this Lease, then Landlord shall have the right to do so at Tenant’s expense, and Tenant agrees to pay to Landlord the costs of such removal and any repairs to the Monument within thirty (30) days after Landlord invoices Tenant therefor.

Appears in 1 contract

Sources: Lease Agreement (Ditech Networks Inc)

Monument Sign. Subject expressly to all terms, conditions, restrictions, limitations, and requirements imposed by the approval of all applicable governmental entities having jurisdiction and quasi-governmental entities, and subject to all private restrictions encumbering applicable governmental and quasi-governmental laws, rules, regulations and codes, Landlord hereby grants Tenant the Property non-exclusive right to have one (including1) identification sign containing its name and/or logo on the upper one-third (1/3rd) of the existing three-band monument sign located at the main entrance to the Building Complex on Puerta Real (the “Monument Sign”). The design, size, specifications, graphics, materials, manner of affixing, colors and lighting (if applicable) of Tenant’s addition to the Monument Sign shall be (i) consistent with the quality and appearance of the Real Property, and (ii) subject to the approval of all applicable governmental authorities, and Landlord’s reasonable approval. Landlord shall install Tenant’s identification on the Monument Sign at Tenant’s cost. The signage right granted to Tenant under this Section 24.8.3 is personal to the original Tenant executing this Lease (“Original Tenant”) and its affiliates and may not be exercised or used by or assigned to any other person or entity. Upon the expiration or sooner termination of this Lease, Landlord shall have the right to permanently remove Tenant’s identification from the Monument Sign and restore the affected area to its original condition, normal wear and tear excepted, and Tenant shall reimburse Landlord for the reasonable costs thereof.” 3. The construction of the Expansion Improvements shall be governed by the terms of Exhibit “B” to this Agreement (the “Work Letter”). Landlord shall reimburse Tenant for an amount not to exceed $0.14 per rentable square foot to complete a preliminary “test fit plan” floor plan for the entire Premises, including without limitation the Expansion Space. Tenant may hire ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ of ▇▇▇▇▇ ▇▇▇▇ LaSalle as a project manager to represent Tenant’s interests in the construction of the Tenant Improvements and the fees payable to ▇▇▇▇▇ Lang LaSalle may be paid out of the Tenant Improvement Allowance. 4. Except as set forth in Section 7.2 of the Original Office Lease and the further amendments thereto as set forth herein, Tenant agrees that Landlord has no obligation and has made no promise to alter, remodel, improve, or repair the Expansion Space, or any part thereof, or to repair, bring into compliance with applicable laws, or improve any condition existing in the Expansion Space as of the Expansion Space Commencement Date, other than the Expansion Improvements. The taking of possession of the Expansion Space by Tenant shall be conclusive evidence that the Expansion Space and the Building were in good and satisfactory condition at the time possession was taken by Tenant. Neither Landlord nor Landlord’s agents have made any representations or promises with respect to the condition of the Building, the Expansion Space, the land upon which the Building is constructed, the present or future suitability or fitness of the Expansion Space or the Building for the conduct of Tenant’s particular business, or any other matter or thing affecting or related to the Building or the Expansion Space, and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the Original Lease. Any improvements or personal property located in the Expansion Space are delivered without any representation or warranty from Landlord, either express or implied, of any kind, including without limitation, that certain Amended title, merchantability, or suitability for a particular purpose. Tenant shall deliver to Landlord any modifications to Tenant’s insurance required under the Original Lease to reflect the addition of the Expansion Space and Restated Master Declaration Tenant’s entry into the Expansion Space prior to the delivery of Covenants, Conditions possession to Tenant. Section 7.2 of the Original Office Lease is hereby supplemented and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public recordsclarified to include, as amendedLandlord’s maintenance obligation, the maintenance and repair of the roof over the Premises and the exterior skin system (including windows and window seals) of the Building, and the repair and remediation of any damage to the Premises or any component thereof affected by the leakage or other failure of the roof or Building skin systems. 5. The Extension Term shall be a period of 120 calendar months commencing on the Expansion Space Commencement Date; provided however that if the Expansion Space Commencement Date falls on a day which is not the first day of a calendar month, then such partial first month shall be added to the first month of the Extension Term and the first month and the Extension Term, with its prorata Base Rent and corresponding Base Rent abatement, shall expanded by such partial month. The Original Lease Expiration Date is hereby changed to the date (said Amended and Restated Master Declarationthe “New Expiration Date”) that is (i) if the Expansion Space Commencement Date falls on the first day of a calendar month, as amendedthe day prior to the tenth anniversary of the Expansion Space Commencement Date, or (ii) if the Expansion Space Commencement Date falls on a day other than the first day of a calendar month, the day prior to the tenth anniversary of the first day of the first full calendar month following the Expansion Space Commencement Date. The period from the Expansion Space Commencement Date to the New Expiration Date is herein referred to herein as the “Master DeclarationExtension Term.” 6. Notwithstanding anything contained in the Lease to the contrary, from and after the end of the sixtieth (60th) month of the Extension Term Tenant shall have the right and option (the “Early Termination Right”), at any time upon not less than nine (9) months prior written notice to Landlord, to terminate the Lease and so long as surrender possession of the Premises to Landlord, subject only to the payment at termination of an amount (the “Termination Payment”) equal to the then-present value, using a six percent (6.0%) per annum discount rate, of (i) the unearned percentage brokerage commission paid by Landlord to ▇▇▇▇▇ ▇▇▇▇ LaSalle for periods after the end of the sixtieth (60th) month, which is payable at the rate of two percent (2.0%) of the Base Rent due for year six (6) through year ten (10) of the Extension Term, and (ii) the unamortized cost of the Tenant is leasing and occupying more than Improvement Allowance actually drawn by Tenant and/or applied to Base Rent. The amortizations shall be calculated on a straight-line basis over the Extension Term; provided that for purposes of calculating the Termination Payment, fifty percent (50%) the Tenant Improvement Allowance shall be deemed to have been amortized on a five-year schedule and fifty percent (50%) shall be deemed to have been amortized on a ten-year schedule.. Tenant shall not have the Early Termination right and shall not be entitled to terminate the Lease under this Section 6 at any time in which a monetary default on the part of Tenant exists uncured under the Lease. 7. Tenant is in occupancy of the BuildingExisting Premises and, subject to Landlord’s obligations under Section 7.2 of the Original Office Lease as amended hereby, and the payment of the Tenant Improvement Allowance, Tenant hereby accepts the Premises “AS IS”, without any obligation on Landlord’s part to alter or improve such space or provide Tenant with any improvement allowance, except as provided in the Work Letter. 8. Effective as of the Expansion Space Commencement Date, the Expense Base Year, the Tax Expense Base Year and the Utilities Base Year shall be calendar year 2010. Amounts payable by Tenant for Expenses, Tax Expenses and Utilities prior to the Expansion Space Commencement Date shall be determined by Landlord based on the Expense Base Year, the Tax Expense Base Year and the Utilities Base Year and provisions of Article 4 of the Original Lease in effect during that prior period. 9. The provisions of the Extension Option Rider attached to the Original Lease shall continue to apply with the following modifications: (a) Each Option Term shall be for five (5) years and, accordingly, the number “three (3)” in the second line of Paragraph 1 of the Extension Option Rider is not in default of its obligations under this Lease changed to “five (after 5);” and (b) Any reference to the expiration of any applicable notice the “initial Lease Term” shall be a reference to the expiration of the Extension Term. 10. Section 24.8.2 of the Original Lease is hereby deleted in its entirety and cure period)is of no further force or effect. 11. Except as otherwise provided herein, Tenant all of the terms and conditions of the Original Lease shall have continue to apply during the right, at Tenant’s sole cost and expense, to design, manufacture, install and maintain one (1) free-standing, internally lighted monument sign to be located within the Building ComplexExtension Term; provided, however, if such a monument sign is permitted under applicable law and all private restrictions (including, without limitation, the Master Declaration)that there shall be no rent credit, and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such casethat there shall be no improvement allowance, Landlord agrees to share construction obligations or other initial concessions with Tenant in the cost of such monument sign on a prorata basis, such prorata share to be determined based on the ratio that the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants of the Building other than Tenant (and its affiliates) bears respect to the total number Extension Term, except as provided in Section 3 of such panels permitted on any such monument sign (including this Agreement and the panel or panels used to identify Tenant or any of its affiliates)Work Letter, and Tenant shall have no further option to extend the term, except as provided in Section 9 of this Agreement. 12. Landlord shall be entitled hereby represents and warrants to place at its expense one Tenant that it has dealt with no broker, finder or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon similar person in connection with this Agreement, and Tenant obtaining hereby represents and delivering to Landlord evidence satisfactory warrants to Landlord that it has dealt with no broker, finder or similar person in connection with this Agreement, other than ▇▇▇▇▇ & ▇▇▇▇▇ Company (“Landlord’s Broker”) and ▇▇▇▇▇ Lang LaSalle (“Tenant’s Broker”). Landlord and Tenant shall each defend, indemnify and hold the other harmless with respect to all necessary approvals for the installation claims, causes of such monument sign action, liabilities, losses, costs and expenses (including without limitation attorneys’ fees) arising from the applicable governmental authorities and all necessary approvals a breach of the Interlocken architectural control committee under the Master Declaration have been obtainedforegoing representation and warranty. The exact location of such monument signcommission with respect to this Agreement shall be paid to Landlord’s Broker by Landlord pursuant to a separate agreement. Landlord’s Broker will pay Tenant’s Broker a commission pursuant to a separate agreement. Nothing in this Agreement shall impose any obligation on Landlord to pay a commission or fee to any party other than Landlord’s Broker, and the size, design, color and method of illumination of such monument sign nothing in this Agreement shall be subject impose any obligation on Tenant to the prior written approval of Landlord, which approval shall not be unreasonably withheldpay a commission or fee to any party. 13. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant Time is of the Building, Tenant shall have the right to place Tenant’s sign panel and associated graphics on such monument sign in the top position on such monument sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument shall be determined on the basis of the amount of Rentable Area in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at Tenant’s cost upon the expiration or earlier termination essence of this Lease; Agreement and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Leaseprovisions contained herein.

Appears in 1 contract

Sources: Lease (Ensign Group, Inc)

Monument Sign. Subject expressly Lessor grants Lessee (for purposes of this Article "Lessee" shall mean only the original Party who signed this Lease as the Lessee) the nonexclusive right to all termsdisplay its name in the building standard font on the monument sign of the Building (the "Monument Sign") subject to the following provisions: (a) Lessee's right to display its name on the Monument Sign shall be automatically withdrawn by Lessor, conditionswithout further notice to Lessee, restrictionsthirty (30) days following the Commencement Date hereof, limitationsunless Lessee shall prior thereto (1) notify Lessor in writing that it elects to display its name on the Monument Sign, and requirements imposed (2) pay Lessor the cost to fabricate and install said signage; (b) Lessee's right to display its name on the Monument Sign shall be withdrawn by all applicable governmental entities having jurisdiction and all private restrictions encumbering the Property Lessor following fifteen (including, without limitation, that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Interlocken, recorded January 24, 1990, under Reception No. 1025034, Boulder County, Colorado public records, as amended15) days written notice to Lessee by Lessor if Lessee (said Amended and Restated Master Declaration, as amended, is herein referred to as the “Master Declaration”), and so long as Tenant is leasing and occupying more a) occupies less than fifty percent (50%) 3,000 rentable square feet of the Building; (b) sublets, and in the aggregate, more than 5,969 rentable square feet of the premises, (c) assigns the Lease, or (d) is not in default of its obligations under this Lease under Article 17 hereof; (c) Lessor shall install Lessee’s name on the Monument Sign and Lessee shall reimburse Lessor’s for all expenses related to such installation. Additionally, Lessee shall pay to Lessor, from time to time and within thirty (30) days after receipt of written demand, Lessee's portion of all expenses incurred by Lessor that are attributable to the expiration of any applicable notice and cure periodlighting (if applicable), Tenant maintenance, cleaning and repair of the Monument Sign during the period of time that Lessee's name is on the Monument Sign. Lessee's portion of such expenses shall be calculated by Lessor by dividing such expenses equally among all lessees and occupants that have signs on the rightMonument Sign; (d) Lessee shall pay to Lessor, at Tenant’s sole cost and expensein advance, without prior notice, demand or billing statement, on or before the first day of each calendar month, the prevailing monthly lease rate (the “Sign Rent”) then charged by Lessor for the sign, which Sign Rent shall be subject to increase by Lessor, from time to time, following sixty (60) day advance written notice to Lessee, to designthe prevailing rate for the sign uniformly applied to all tenants in the Building (however, manufacture, install and maintain the Sign Rent shall not increase more than one (1) free-standing, internally lighted monument sign to be located within the Building Complex; provided, however, if such a monument sign is permitted under applicable law and all private restrictions time during any consecutive twelve (including, without limitation12) month period). Currently, the Master Declaration), and if identification signs or panels for more than one tenant are permitted on such monument sign, then and in such case, Landlord agrees to share with Tenant in Sign Rent is Two Hundred Dollars ($200.00) per month. Following the cost of such monument sign on a prorata basis, such prorata share to be determined based date the Exterior Building Sign is installed on the ratio that Building, Lessee’s obligation to pay the number of individual panels permitted to be displayed on such monument sign identifying individual tenants are actually used by Landlord for tenants Sign Rent shall continue throughout the Lease Term, including all extensions of the Building other than Tenant (and its affiliates) bears Term, irrespective of whether or not Lessee elects to remove the total number of such panels permitted on any such monument sign (including the panel or panels used to identify Tenant or any of its affiliates), and Landlord shall be entitled to place at its expense one or more sign panels on such monument sign identifying the name(s) of any other tenant occupying the Building. Tenant’s right to install such monument sign on the Land shall be conditioned upon Tenant obtaining and delivering to Landlord evidence satisfactory to Landlord that all necessary approvals for the installation of such monument sign from the applicable governmental authorities and all necessary approvals Building prior to the termination of the Interlocken architectural control committee under the Master Declaration have been obtained. The exact location of such monument sign, and the size, design, color and method of illumination of such monument sign shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant agrees that any such monument sign shall be designed to utilize first-class construction materials and shall be architecturally compatible with the Building. For so long as the Rentable Area leased by Tenant in the Building shall exceed the Rentable Area of any other tenant of the Building, Tenant Lease; (e) Lessor shall have the right to place Tenant’s sign panel relocate, redesign, and/or reconstruct the Monument Sign from time to time as determined by Lessor in Lessor's sole discretion; and (f) Upon termination and/or expiration of the Lease Term, Lessor shall permanently remove Lessee's name from the Monument Sign, repair any damage to the Monument Sign that may result from the removal of Lessee's name, and associated graphics charge Lessee for all expenses and costs incurred in connection with said removal and repair. The design, size, specifications, graphics, materials, colors, and lighting (if applicable) of the Monument Sign (and all panels, if any, on such monument sign in the top position on such monument said sign. If any other tenant shall lease more Rentable Area in the Building than is leased by Tenant, the location of each tenant’s identification sign on such monument ) shall be determined on the basis of the amount of Rentable Area by Lessor in the Building leased by each such tenant. Tenant further agrees that Tenant shall remove any sign panel, graphics or letters identifying Tenant (or its affiliates) from such monument sign at TenantLessor’s cost upon the expiration or earlier termination of this Lease; and if such removal causes any damage or defacement to such monument sign, Tenant shall be responsible for the repair of same. Such obligations shall survive any expiration or termination of this Leasesole discretion.

Appears in 1 contract

Sources: Lease Agreement (A-Mark Precious Metals, Inc.)