Monument Signage. 11.1 So long as (i) Tenant is not in default under the terms of the Lease; and (ii) Tenant has not assigned the Lease (except in connection with a Permitted Transfer) or sublet more than 25% of the Premises (except in connection with a Permitted Transfer), then Landlord shall install, for Tenant’s benefit and at Tenant’s cost, a signage panel (the “Panel”) identifying Tenant’s presence in the Building on the existing Building monument sign (the “Monument Sign”) located ___________________. The exact location of Tenant’s Panel on the Monument Sign shall be determined alphabetically (i.e. starting with “A” names on the top of the Monument Sign. Tenant, at its sole cost and expense, shall obtain all necessary building permits and zoning and regulatory approval in connection with the Panel. Following installation of the Panel, Tenant shall remain liable for all costs related to the maintenance and, if applicable, illumination of the Panel. Notwithstanding the foregoing, Landlord shall have the right to maintain the Panel with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as Additional Rent. 11.2 Tenant must obtain Landlord’s written consent to any proposed Panel prior to its fabrication and installation. Landlord reserves the right to withhold consent to any Panel that, in the sole judgment of Landlord, is not harmonious with the design standards of the Building. 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. 11.3 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; or (b) Tenant fails to continuously occupy the Premises; or (c) Tenant assigns the Lease (except in connection with a Permitted Transfer) or subleases more than 25% of the Premises (except in connection with a Permitted Transfer), then Tenant’s rights granted herein will terminate and Landlord may remove any Panel at Tenant’s cost. Tenant agrees upon the expiration date or sooner termination of this Lease, upon Landlord’s request, to remove the Panel and repair any damage to the Monument Sign at Tenant’s sole cost and expense. Notwithstanding the foregoing, Landlord shall have the right to perform any removal or restoration work with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as additional Rent. 11.4 Landlord may, at any time during the Term (or any extension thereof), upon five (5) days prior written notice to Tenant, relocate the position of Tenant’s Panel on the Monument Sign in order to keep the alphabetical listing order intact. The cost of such relocation of Tenant’s Panel shall be paid by Landlord.
Appears in 1 contract
Monument Signage. 11.1 So For so long as the (i) Tenant is has not in default under the terms of the assigned this Lease; and , (ii) Tenant has not assigned the Lease (except in connection with a Permitted Transfer) or sublet subleased more than twenty-five percent (25% %) of the Premises then demised to Tenant (in each case, except in connection with a Permitted Transfer), then Landlord shall install, for Tenant’s benefit and at Tenant’s cost, a signage panel (the “Panel”) identifying Tenant’s presence in the Building on the existing Building monument sign (the “Monument Sign”) located ___________________. The exact location of Tenant’s Panel on the Monument Sign shall be determined alphabetically (i.e. starting with “A” names on the top of the Monument Sign. Tenant, at its sole cost and expense, shall obtain all necessary building permits and zoning and regulatory approval in connection with the Panel. Following installation of the Panel, Tenant shall remain liable for all costs related to the maintenance and, if applicable, illumination of the Panel. Notwithstanding the foregoing, Landlord shall have the right to maintain the Panel with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as Additional Rent.
11.2 Tenant must obtain an assignment or subletting permitted without Landlord’s written consent to any proposed Panel prior to its fabrication and installation. Landlord reserves the right to withhold consent to any Panel that, in the sole judgment of Landlord, is not harmonious with the design standards of the Building. 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; under Section 12.5 hereof) and (if applicable and Landlord consentsiii) any provisions for illumination.
11.3 If more than three (3) Events of Default have not occurred 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; or (b) Tenant fails to continuously occupy the Premises; or (c) Tenant assigns the Lease (except in connection with a Permitted Transfer) or subleases more than 25% of the Premises (except in connection with a Permitted Transfercollectively, “Signage Conditions”), then Tenant shall be permitted to install a sign containing Tenant’s rights granted herein will terminate and Landlord may remove any Panel at name and/or logo (“Tenant’s costMonument Signage”) on the multi-tenant monument at the entrance to the Property (the “Monument”). Tenant agrees upon the expiration date or sooner termination The initial installation of this Lease, upon ▇▇▇▇▇▇’s Monument Signage shall be at Landlord’s requestcost and expense. Any changes, to remove the Panel and repair any damage to the Monument Sign replacements or additions requested by Tenant thereto shall be at Tenant’s sole cost and expense. The location and placement of Tenant’s Monument Signage on the Monument is shown on Exhibit L hereto. The size, dimensions, proportions, design, materials, method of installation, and color of Tenant’s Monument Signage shall be subject to the prior approval of Landlord. Provided that such elements are consistent with the first-class image and quality of the Building, such Landlord approval shall not be unreasonably withheld or delayed. In addition, ▇▇▇▇▇▇’s Monument Signage shall be subject to (a) the requirements of the Zoning By-Law of the Town of Waltham and any other applicable laws and ordinances and (b) Tenant obtaining all necessary permits and approvals therefor. ▇▇▇▇▇▇ acknowledges and agrees that ▇▇▇▇▇▇’s right to ▇▇▇▇▇▇’s Monument Signage pursuant to this Section is not on an exclusive basis and that Landlord may place other tenant signage on the Monument. The installation, replacement, removal and restoration after removal of Tenant’s Monument Signage shall be performed at Tenant’s sole cost and expense in accordance with the provisions of this Lease applicable to alterations (including, without limitation, Article IX hereof). Notwithstanding the foregoing, (i) within thirty (30) days after the date on which there occurs a failure of any of the Signage Conditions and Landlord shall have notifies Tenant to remove ▇▇▇▇▇▇’s Monument Signage or (ii) immediately upon the expiration or earlier termination of the Term of the Lease, Tenant shall, at Tenant’s cost and expense, remove Tenant’s name and/or logo signage (i.e., ▇▇▇▇▇▇’s Monument Signage) from the Monument and restore all damage caused by the installation and/or removal of Tenant’s Monument Signage. The right to perform any removal or restoration work with contractors selected by Landlord and to ▇▇▇▇ ▇▇▇’s Monument Signage granted pursuant to this Section 4.2(A) is personal to Tenant for the cost thereof as additional Rent.
11.4 Landlord may, at (and any time during the Term (or any extension thereofassignee pursuant to an assignment permitted without ▇▇▇▇▇▇▇▇’s consent under Section 12.5 hereof), upon five (5) days prior written notice to Tenantand may not be exercised by any other occupant, relocate the position subtenant, or other assignee of Tenant’s Panel on the Monument Sign in order to keep the alphabetical listing order intact. The cost of such relocation of Tenant’s Panel shall be paid by Landlord.
Appears in 1 contract
Monument Signage. 11.1 4.1. So long as (i) Tenant is not in default Default under the terms of the Lease; and (ii) Tenant is in occupancy of the Premises; (iii) Tenant has not assigned the Lease (except in connection with a Permitted Transfer) or sublet more than 25% any part of the Premises Premises, and (except in connection with iv) Tenant notifies Landlord prior to December 1, 2009, of its desire to have a Permitted TransferPanel (as hereinafter defined) (individually a “Signage Condition” and collectively, the “Signage Conditions”). Tenant shall have the right, then Landlord shall installsubject to the terms hereof, for Tenant’s benefit and at Tenant’s cost, to have its name placed (individually a signage panel (the “Panel” and collectively, the “Panels”) identifying Tenant’s presence on the shared Building monument signs one of which is located in front of the Building on and two of which are located at the existing Building monument sign street entrance to the Project (collectively, the “Monument SignSigns”) located ___________________). The exact installation of the Panels shall be subject to (a) the approval of any governmental authority having jurisdiction and (b) the existing liens of existing tenants in the Building. The location of the Panels shall be subject to Landlord’s reasonable discretion. The Panels shall (a) be designed by Landlord, (b) contain the Tenant’s Panel name, (c) be of a similar size and style as the names of other tenants on the Monument Sign shall Signs and be determined alphabetically (i.e. starting with “A” names on the top of the Monument Sign. Tenant, at its sole cost and expense, shall obtain all necessary building permits and zoning and regulatory approval in connection with the Panel. Following installation of the Panel, Tenant shall remain liable for all costs related to the maintenance and, if applicable, illumination of the Panel. Notwithstanding the foregoing, Landlord shall have the right to maintain the Panel with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as Additional Rent.
11.2 Tenant must obtain Landlord’s written consent to any proposed Panel prior to its fabrication and installation. Landlord reserves the right to withhold consent to any Panel that, in the sole judgment of Landlord, is not harmonious with the design standards of the BuildingBuilding and Monument Signs, (d) be affixed to the Monument Signs in a manner consistent with the other tenant names on the Monument Signs, and (e) if the other tenant names on the Monument Signs are currently illuminated, be illuminated in a similar manner. To obtain Following receipt of all necessary governmental approvals and so long as the Signage Conditions are satisfied, Landlord, at Tenant’s consentsole cost and expanse, shall fabricate, construct and thereafter install the Panels on the Monument Signs. All costs for which Tenant is responsible under this Section 4.1 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
4.2. Although Landlord will perform the maintenance and repair to the Monument Signs and the Panels, Tenant shall submit design drawings be liable for all costs related to such maintenance, and, if applicable, illumination thereof. In the event that additional names are listed on the Monument Signs, all future costs of maintenance and repair shall be provided between Tenant and the other parties that are listed an the Monument signs. All costs for which Tenant is responsible under this Section 4.2 shall be paid by Tenant to Landlord within 30 days written request by 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.
11.3 If 4.3. Upon expiration or earlier termination of the Lease or if during the Term (and any extensions thereof) (a) Tenant is in default under the terms any 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 (except in connection with a Permitted Transfer) or subleases more than 25% of the Premises (except in connection with a Permitted Transfer)Signage Conditions are no longer satisfied, then Tenant’s rights granted herein will terminate and Tenant, at its cost within 30 days after request by Landlord, shall remove Tenant’s panels from the Monument Signs and restore the affected portion of the Monument Signs to the condition it was in prior to installation of Tenant’s Panels, ordinary wear and tear excepted. If Tenant does not perform such work within with such 30 day period, then Landlord may remove any Panel do so, at Tenant’s cost. , and Tenant agrees upon the expiration date or sooner termination of this Lease, upon Landlord’s request, to remove the Panel and repair any damage to the Monument Sign at Tenant’s sole cost and expense. Notwithstanding the foregoing, shall reimburse Landlord shall have the right to perform any removal or restoration work with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as additional Rentof such work within 30 days after request therefore. The provisions of this Section 4.3 shall survive expiration or earlier termination of the Lease.
11.4 4.4. Landlord may, at any time anytime during the Term (or any extension thereof), upon five (5) 30 days prior written notice to Tenant, relocate relocates the position of Tenant’s Panel on the Monument Sign in order to keep the alphabetical listing order intactPanels. The cost of such relocation of Tenant’s Panel Panels shall be at the cost and expense of Landlord. Although all information furnished regarding property for sale, rental, or financing is from sources deemed reliable, such information has not been verified, and no express representation is made nor is any to be implied as to the accuracy thereof, and it is submitted subject to errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice and to any special conditions imposed by our principal. Telik, Inc. (Purchaser) is purchasing the inventory as defined on the attached Exhibit C from ▇▇▇▇▇▇▇▇▇.▇▇▇, Inc. (Owner) as of this day of 2013 subject to the execution of the Sublease for ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ by and between the Parties and Master Lessor consent to sublease. Telik, Inc. will pay ▇▇▇▇▇▇▇▇▇.▇▇▇, Inc., $1.00 for said Inventory at execution of the Sublease and execution of the Master Lessor consent to sublease for the premises at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ , ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇. All built-in furniture shall remain in the Premises per the terms of the Master Lease for the subject premises. Notwithstanding, Telik, Inc. shall have use of the conference room table, conference room white board, TV and the refrigerator, during the sublease term, however such items shall remain the property of Sublessor. The personal property shall be kept in the same condition as received, reasonable wear and tear excepted. Should the personal property be damaged, Telik shall be responsible for the replacement cost for such items. Sublessor shall remove these personal property items within 7 days prior to the sublease termination date, unless Sublessor elects at such time to include the items in the ▇▇▇▇ of Sale for an additional price to be mutually agreed to at such time and will notify Sublessee in writing prior to the lease termination date accordingly. By signing below, the parties agree to the terms of this ▇▇▇▇ of Sale for the inventory on the attached inventory list referenced as Exhibit C of the Sublease Agreement. ▇▇▇▇▇-▇▇▇▇▇▇▇▇▇.▇▇▇, Inc.-Owner By: Date Print name/title Telik, Inc.- Purchaser By: Date Print name/title Although all information furnished regarding property for sale, rental, or financing is from sources deemed reliable, such information has not been verified, and no express representation is made nor is any to be implied as to the accuracy thereof, and it is submitted subject to errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice and to any special conditions imposed by our principal. Book Shelf 2 Chair Standup Desk 1 Chairs Bar 4 Chairs Conference Room 10 Chairs Office 15 Computer Racks Enclosed 2 Computer Racks Not Enclosed 1 Conference Room Table Cherry 1 Boomerang owns Conference Room White Board with flip panels Cherry 1 Boomerang owns Cube Desk (2.5’) 2 Cube Desk (3’) 1 Cube Desk (4’) 7 Cube Desk (5’) 1 Cube Desk Corner 18 Cube Desk Rectangular (2’) 24 Cube Walls (2’ x 4’5”) 68 Desk Drawers 15 Flip Tops (2.5’) 4 Flip Tops (4’) 1 Flip Tops (5’) 3 Refrigerator Samsung 1 Boomerang owns Table Rectangular (5’) 1 Table Rectangular (6’) 1 Table Rectangular on Casters 1 Table Round Side 1 Table Tear Drop 2 TV Flat Screen in the Conference Room 1 Boomerang owns White Board Large 4 Although all information furnished regarding property for sale, rental, or financing is from sources deemed reliable, such information has not been verified, and no express representation is made nor is any to be implied as to the accuracy thereof, and it is submitted subject to errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice and to any special conditions imposed by our principal. The Sublessee (Telik) shall deposit with the escrow, The Bank of New York Mellon (the “Escrow Agent,” contact information defined below), the total prepaid rent (aka “Escrow Property”) and defined in Article 4 herein, $219,093.75 within three (3) business days of execution of this Sublease – a copy of the executed Escrow Agreement to be attached to Exhibit D. Escrow Agent Corporate Trust Administration ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇-Floor 8W New York, New York 10286 Attn.: Insurance Trust and Escrow Group As defined in the Sublease herein, the total prepaid rent (“Escrow Property”) for the Subleased Premises total $219,093.75. Any additional operating expense shall be paid by LandlordSublessee (Telik) when due per Article 5 of the Sublease. As provided in the Escrow Agreement, Sublessee has instructed the Escrow Agent to pay Sublessor as follows: $11,531.25 on the 28th day of each calendar month commencing April 28, 2013 and continuing until a final payment is made on October 28, 2014. Sublessee represents and warrants to Sublessor that in no event shall Sublessee:
(a) Instruct the Escrow Agent to suspend any of the foregoing payments except and only in the event: (i) the Sublease is terminated and such termination is not the result of Sublessee’s default and (ii) Sublessee receives notice that Sublessor has defaulted in the payment of rent under the Master Lease.
(b) Cancel the Escrow Agreement or remove the Escrow Agent, except and until all of the foregoing payments are made under the Sublease or the Sublease expires or is terminated.
(c) Instruct the Escrow Agent to make payments to any person or entity other than Sublessor, except that if Sublessor fails to pay rent to the Master Lessor under the Master Lease, or if the Sublease is terminated for any reason, Sublessee may, in its discretion, instruct the Escrow Agent to make the monthly payments directly to the Master Lessor, EOP-Embarcadero Place, LLC. The Master Lessor bank information to wire the monthly payments shall be provided to Sublessee at such time.
Appears in 1 contract
Sources: Sublease Agreement (Telik Inc)
Monument Signage. 11.1 So Within four (4) months following the Commencement Date, Landlord shall, at its sole expense, install a multi-tenant monument sign at the Property. During the Term, but only so long as (ia) Tenant is not leases and occupies rentable square footage in default under the terms of Building greater than any other tenant in the Lease; Building and (iib) Tenant no event of default has not assigned the occurred and is continuing under this Lease (except in connection with a Permitted Transfer) beyond any applicable notice or sublet more than 25% of the Premises (except in connection with a Permitted Transfer)cure period, then Landlord shall agrees to install, for Tenant’s benefit display and maintain, at Tenant’s costsole expense, a signage panel (the “Panel”) identifying Tenant’s presence in the Building on the existing Building monument sign name and logo (the “Monument SignSignage Panel”) located ___________________. The exact location of Tenant’s Panel on the Monument Sign shall be determined alphabetically (i.e. starting with “A” names on the top panel of the monument sign (provided, however, that Landlord shall be entitled from time to time to relocate Tenant’s signage panel to a lower position on the monument sign upon and following the execution of any lease with another lessee leasing rentable square footage in the Building greater than the space then leased and occupied by Tenant in the Building). The signage rights granted herein are personal to the specific party originally identified as the “Tenant” under the Lease and may not be transferred, shared or assigned in whole or in part to any assignee, subtenant or other tenant in the Building except for a Permitted Transfer. The location, size, material, construction and design of the Monument SignSignage Panel shall be subject to the prior written approval of Landlord, in its reasonable discretion and compliance with applicable Laws. Upon the Expiration Date or earlier termination of this Lease or Tenant’s right to possess the Premises, at its sole cost and expense, Tenant shall obtain pay Landlord all necessary building permits and zoning and regulatory approval expenses incurred in connection with the Panel. Following installation removal and disposition of the Panel, Tenant shall remain liable for all costs related to the maintenance and, if applicable, illumination of the Panel. Notwithstanding the foregoing, Landlord shall have the right to maintain the Panel with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as Additional Rent.
11.2 Tenant must obtain Landlord’s written consent to any proposed Panel prior to its fabrication and installation. Landlord reserves the right to withhold consent to any Panel that, in the sole judgment of Landlord, is not harmonious with the design standards of the Building. 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.
11.3 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; or (b) Tenant fails to continuously occupy the Premises; or (c) Tenant assigns the Lease (except in connection with a Permitted Transfer) or subleases more than 25% of the Premises (except in connection with a Permitted Transfer), then Tenant’s rights granted herein will terminate and Landlord may remove any Panel at Tenant’s cost. Tenant agrees upon the expiration date or sooner termination of this Lease, upon Landlord’s request, to remove the Monument Signage Panel and the repair of any damage to caused by the Monument Sign at Tenant’s sole cost and expense. Notwithstanding the foregoing, Landlord shall have the right to perform any removal Signage or restoration work with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as additional Rentits removal.
11.4 Landlord may, at any time during the Term (or any extension thereof), upon five (5) days prior written notice to Tenant, relocate the position of Tenant’s Panel on the Monument Sign in order to keep the alphabetical listing order intact. The cost of such relocation of Tenant’s Panel shall be paid by Landlord.
Appears in 1 contract
Monument Signage. 11.1 4.1. So long as (i) Tenant is not in default Default under the terms of the Lease; and (ii) Tenant is in occupancy of the Premises; (iii) Tenant has not assigned the Lease (except other than in connection with a Permitted Transfer) or sublet more (other than 25% to an Affiliate) any part of the Premises Premises, and (except in connection with iv) Tenant notifies Landlord prior to January 1, 2020, of its desire to have a Permitted TransferPanel (as hereinafter defined) (individually a “Signage Condition” and collectively, the “Signage Conditions”), then Landlord Tenant shall installhave the right, for Tenant’s benefit and at Tenant’s costsubject to the terms hereof, a signage panel to have its name placed (the “Panel”) identifying Tenant’s presence in the Building on the existing shared Building monument sign located at the corner of E. Hillsdale Boulevard & W. Parkway Lane (the “"Monument Sign”"). The installation of the Panel shall be subject to (a) located the approval of any governmental authority having jurisdiction and (b) the existing rights of existing tenants in the Building. The location of the Panel shall be subject to Landlord’s reasonable discretion. The Panel shall (1) be designed by Landlord, (2) contain the Tenant’s name, (3) be of a similar size and style as the names of other tenants on the Monument Sign and be harmonious with the design standards of the Building and Monument Sign, (4) be affixed to the Monument Sign in a manner consistent with the other tenant names on the Monument Sign, and (5) if the other tenant names on the Monument Sign are currently illuminated, be illuminated in a similar manner. Following receipt of all necessary governmental approvals and so long as the Signage Conditions are satisfied, Landlord, at Tenant’s sole cost and expense, shall fabricate, construct and thereafter install the Panel on the Monument Sign. All costs for which Tenant is responsible under this Section 4.1 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
4.2. Although Landlord will perform the maintenance and repair to the Monument Sign and the Panel, Tenant shall be liable for all costs related to such maintenance, and, if applicable, illumination thereof. 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 the Monument Sign. All costs for which Tenant is responsible under this Section 4.2 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
4.3. Upon expiration or earlier termination of the Lease or if during the Term (and any extensions thereof) any of the Signage Conditions are no longer satisfied, then Tenant's rights granted herein will terminate and Tenant, at its cost within 30 days after request by Landlord, shall remove Tenant’s Panel from the Monument Sign and restore the affected portion of the Monument Sign to the condition it was in prior to installation of Tenant’s Panel, ordinary wear and tear excepted. If Tenant does not perform such work within such 30 day period, then Landlord may do so, at Tenant’s cost, and Tenant shall reimburse Landlord for the cost of such work within 30 days after request therefore. The provisions of this Section 4.3 shall survive expiration or earlier termination of the Lease.
4.4. Landlord may, at any time during the Term (or any extension thereof), upon 30 days prior written notice to Tenant, relocate the position of Tenant's Panel on the Monument Sign. The cost of such relocation of Tenant's Panel shall be at the cost and expense of Landlord. Letter of Credit Expiration Date: June 1, 2028 Applicant: Geron Corporation ▇▇▇▇▇▇ Metro Center LLC c/o Hudson Pacific Properties ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ATTN: ▇▇▇▇ ▇▇▇▇▇▇, Director of Contract Services Ladies/Gentlemen: We hereby establish our Irrevocable Standby Letter of Credit in your favor for the account of the above referenced Applicant in the amount of three hundred and ten thousand, six hundred and sixty-two U.S. Dollars ($310,662.00) available for payment at sight by your draft drawn on us when accompanied by the following documents:
1. An original copy of this Irrevocable Standby Letter of Credit.
2. Beneficiary’s dated statement purportedly signed by an authorized signatory or agent reading: “This draw in the amount of ______________________ U.S. Dollars ($____________) under your Irrevocable Standby Letter of Credit No. The exact location of Tenant’s Panel on the Monument Sign shall be determined alphabetically (i.e. starting with “A” names on the top of the Monument Sign. Tenant, at its sole cost ____________________ represents funds due and expense, shall obtain all necessary building permits and zoning and regulatory approval in connection with the Panel. Following installation of the Panel, Tenant shall remain liable for all costs related owing to us pursuant to the maintenance and, if applicable, illumination terms of the Panel. Notwithstanding the foregoing, Landlord shall have the right to maintain the Panel with contractors selected that certain lease by Landlord and to between ▇▇▇▇▇▇ Tenant Metro Center LLC, as landlord, and Geron Corporation, as tenant, and/or any amendment to the lease or any other agreement between such parties related to the lease.” It is a condition of this Irrevocable Standby Letter of Credit that it will be considered automatically extend for a one year period upon the cost thereof as Additional Rent.
11.2 Tenant must obtain Landlord’s written consent to any proposed Panel expiration date set forth above and upon each anniversary of such date, unless at least 60 days prior to its fabrication and installationsuch expiration date or applicable anniversary thereof, we notify you in writing, by certified mail return receipt requested or by recognized overnight courier service, that we elect not to so extend this Irrevocable Standby Letter of Credit. Landlord reserves the right to withhold consent to A copy of any Panel thatsuch notice shall also be sent, in the sole judgment same manner, to: ▇▇▇▇▇▇ Metro Center LLC, c/▇ ▇▇▇▇▇▇ Pacific Properties, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ATTN: Managing Counsel. In addition to the foregoing, we understand and agree that you shall be entitled to draw upon this Irrevocable Standby Letter of LandlordCredit in accordance with 1 and 2 above in the event that we elect not to extend this Irrevocable Standby Letter of Credit and, is not harmonious in addition, you provide us with a dated statement purportedly signed by an authorized signatory or agent of Beneficiary stating that the design standards Applicant has failed to provide you with an acceptable substitute irrevocable standby letter of the Building. 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.
11.3 If during the Term (and any extensions thereof) (a) Tenant is credit in default under accordance with the terms of the Lease after above referenced lease. We further acknowledge and agree that: (a) upon receipt of the expiration documentation required herein, we will honor your draws against this Irrevocable Standby Letter of applicable cure periodsCredit without inquiry into the accuracy of Beneficiary’s signed statement and regardless of whether Applicant disputes the content of such statement; or and (b) Tenant fails this Irrevocable Standby Letter of Credit shall permit partial draws and, in the event you elect to continuously occupy draw upon less than the Premises; or (c) Tenant assigns full stated amount hereof, the Lease (except in connection with a Permitted Transfer) or subleases more than 25% of the Premises (except in connection with a Permitted Transfer), then Tenant’s rights granted herein will terminate and Landlord may remove any Panel at Tenant’s cost. Tenant agrees upon the expiration date or sooner termination stated amount of this Lease, upon Landlord’s request, to remove Irrevocable Standby Letter of Credit shall be automatically reduced by the Panel and repair any damage to the Monument Sign at Tenant’s sole cost and expense. Notwithstanding the foregoing, Landlord shall have the right to perform any removal or restoration work with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as additional Rent.
11.4 Landlord may, at any time during the Term (or any extension thereof), upon five (5) days prior written notice to Tenant, relocate the position of Tenant’s Panel on the Monument Sign in order to keep the alphabetical listing order intact. The cost amount of such relocation of Tenant’s Panel shall be paid by Landlordpartial draw.
Appears in 1 contract
Sources: Office Lease (Geron Corp)
Monument Signage. 11.1 So long as Provided that: (i) no Default of Tenant is not in default under the terms of the Lease; has occurred hereunder and (ii) Tenant has is occupying not assigned less than 22,581 rentable square feet in the Lease Building (except in connection with a Permitted Transfer) or sublet more than 25% of collectively, the Premises (except in connection with a Permitted Transfer“Monument Sign Conditions”), then Landlord Tenant shall installhave the right, for Tenant’s benefit and at Tenant’s costsole cost and expense, a signage panel (the “Panel”) identifying Tenant’s presence in the Building on to continue to maintain the existing Building monument installation of one (1) identification sign (the “Monument Sign”) located ___________________. The exact location ), consisting of the name and/or logo of Tenant’s Panel , on the Monument Sign shall be determined alphabetically (i.e. starting with “A” names on existing monument which serves the top Building, for the initial Term of the Monument Sign. TenantLease, at its sole cost and expense, shall obtain all necessary building permits and zoning and regulatory approval in connection with the Panel. Following installation of the Panel, Tenant shall remain liable for all costs related to the maintenance and, if applicable, illumination of the Panel. Notwithstanding the foregoing, Landlord shall have the right to maintain the Panel with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as Additional Rent.
11.2 Tenant must obtain Landlord’s written consent to any proposed Panel prior to its fabrication and installation. Landlord reserves the right to withhold consent to any Panel that, in the sole judgment of Landlord, is not harmonious with the design standards of the Building. 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.
11.3 If during the Term (and any extensions thereof) , subject to maintenance and removal of such Monument Sign (a) Tenant is in default under including, without limitation, the terms repair and cleaning of the Lease after the expiration existing monument facade upon removal of applicable cure periods; or (bsuch Monument Sign) Tenant fails to continuously occupy the Premises; or (c) Tenant assigns the Lease (except in connection with a Permitted Transfer) or subleases more than 25% of the Premises (except in connection with a Permitted Transfer), then Tenant’s rights granted herein will terminate and Landlord may remove any Panel at Tenant’s cost. Tenant agrees upon the expiration date or sooner termination of this Lease, upon Landlord’s request, to remove the Panel and repair any damage to the Monument Sign shall be performed at Tenant’s sole cost and expenseexpense in accordance with the terms and conditions governing alterations pursuant to Section 11 hereof. Notwithstanding the foregoingforegoing provisions of this Section 12.2 to the contrary, Landlord (i) within thirty (30) days after the date on which there occurs, and remains uncured, a failure of any of the Monument Sign Conditions, or (ii) immediately upon the expiration or earlier termination of the Term of the Lease, Tenant shall, at Tenant’s cost and expense, remove the Monument Sign and restore all damage to the monument caused by the installation and/or removal of such Monument Sign, normal wear and tear excepted, which removal and restoration shall have be performed in accordance with the terms and conditions governing alterations pursuant to Section 11 hereof. The right to perform any removal or restoration work with contractors selected by Landlord and the Monument Sign granted pursuant to ▇▇▇▇ Tenant for the cost thereof as additional Rent.
11.4 Landlord may, at any time during the Term (or any extension thereof), upon five (5) days prior written notice this Section 12,2 is personal to Tenant, relocate the position and may not be exercised by any occupant, subtenant, or other assignee of Tenant’s Panel on the Monument Sign in order to keep the alphabetical listing order intact. The cost of such relocation of Tenant’s Panel shall be paid by Landlord, other than an Affiliated Entity.
Appears in 1 contract
Monument Signage. 11.1 So long as Tenant shall have the non-exclusive right, subject to the approval from all applicable governmental and quasi-governmental entities, and subject to all applicable governmental and quasi-governmental laws, rules, regulations and codes, to install one (i1) Tenant is not in default under the terms of the Lease; and sign (ii) Tenant has not assigned the Lease (except in connection with a Permitted Transfer) or sublet more than 25% of the Premises (except in connection with a Permitted Transfer), then Landlord shall install, for “Tenant’s benefit and at Tenant’s cost, a signage panel (the “PanelName Sign”) identifying Tenant’s presence in containing the name “LegalZoom” on one (1) side on the top position on the monument sign serving the Building on the existing Building monument sign (the “Monument Sign”) located ___________________). The design, size, specifications, graphics, materials, manner of affixing, exact location location, colors and lighting (if applicable) of Tenant’s Panel on the Monument Name Sign shall be determined alphabetically (i.e. starting i) consistent with “A” names on the top quality and appearance of the Monument Sign. TenantProject, at its sole cost and expense, shall obtain all necessary building permits and zoning and regulatory approval in connection with the Panel. Following installation of the Panel, Tenant shall remain liable for all costs related (ii) subject to the maintenance andapproval of all applicable governmental and quasi-governmental authorities, if applicableand subject to all applicable governmental and quasi-governmental laws, illumination of the Panelrules, regulations and codes, and (iii) subject to Landlord’s approval (which shall not be unreasonably withheld, conditioned or delayed). Notwithstanding the foregoing, Landlord shall have the right to maintain the Panel with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as Additional Rent.
11.2 Tenant must obtain Landlord’s written consent to any proposed Panel prior to its fabrication and installation. Landlord reserves the right to withhold consent to any Panel that, in the sole judgment of Landlord, is not harmonious with the design standards of the Building. 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.
11.3 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; or (b) Tenant fails to continuously occupy the Premises; or (c) Tenant assigns the Lease (except in connection with a Permitted Transfer) or subleases more than 25% of the Premises (except in connection with a Permitted Transfer), then install Tenant’s rights granted herein will terminate and Landlord may remove any Panel at Tenant’s cost. Tenant agrees upon the expiration date or sooner termination of this Lease, upon Landlord’s request, to remove the Panel and repair any damage to Name Sign on the Monument Sign at Tenant’s sole cost and expense. Notwithstanding In addition, Tenant shall be responsible for all other costs attributable to the foregoingfabrication maintenance, repair and removal of Tenant’s Name Sign. The Name Sign right granted to Tenant under this Section 24.8.2 are personal to the Original Tenant and any Affiliate Assignee and may not be exercised or used by or assigned to any other person or entity. In addition, Original Tenant or such Affiliate Assignee shall no longer have any right to Tenant’s Name Sign if at any time during the Term the Original Tenant or Affiliate Assignee does not lease and occupy at least one (1) entire floor of the Premises then leased by Tenant hereunder. Upon the expiration or sooner termination of this Lease, or upon the earlier termination of Tenant’s signage rights under this Section 24.8.2, Landlord shall have the right to perform any removal or restoration work with contractors selected by Landlord permanently remove Tenant’s Name Sign and to ▇▇▇▇ Tenant for the cost thereof as additional Rent.
11.4 Landlord may, at any time during the Term (or any extension thereof), upon five (5) days prior written notice repair all damage to Tenant, relocate the position of Tenant’s Panel on the Monument Sign in order to keep resulting from such removal and Tenant shall reimburse Landlord for the alphabetical listing order intact. The cost of such relocation of Tenant’s Panel shall be paid by Landlordactual, reasonable, out-of-pocket costs thereof.
Appears in 1 contract
Sources: Office Lease (Legalzoom Com Inc)
Monument Signage. 11.1 So long as Subject to the approval of all applicable governmental entities, and subject to all applicable governmental laws, rules, regulations and codes, Landlord hereby grants Tenant the non-exclusive right to have Tenant’s name “Berkeley Heartlab, Inc.” (but no other markings) displayed on one (1) strip of the existing monument sign for the Project located along Atlantic Avenue (the “Signage Monument”). The design, size, specifications, graphics, materials, colors, lighting (if applicable) and exact location with respect to Tenant’s name on the Signage Monument shall be (i) Tenant is not in default under consistent with the terms other names and signs (if any) on or to be placed on the Signage Monument and the quality and appearance of the Lease; Project, and (ii) Tenant has not assigned designated by Landlord, subject to the Lease (except in connection with a Permitted Transfer) or sublet more than 25% approval of the Premises (except in connection with a Permitted Transfer), then all applicable governmental authorities. Landlord shall install, for install Tenant’s benefit and at Tenant’s cost, a signage panel (the “Panel”) identifying Tenant’s presence in the Building name on the existing Building monument sign (the “Signage Monument Sign”) located ___________________. The exact location of Tenant’s Panel on the Monument Sign shall be determined alphabetically (i.e. starting with “A” names on the top of the Monument Sign. Tenant, at its sole cost and expense, shall obtain all necessary building permits and zoning and regulatory approval in connection with the Panel. Following installation of the Panel, Tenant shall remain liable for all costs related to the maintenance and, if applicable, illumination of the Panel. Notwithstanding the foregoing, Landlord shall have the right to maintain the Panel with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as Additional Rent.
11.2 Tenant must obtain Landlord’s written consent to any proposed Panel prior to its fabrication and installation. Landlord reserves the right to withhold consent to any Panel that, in the sole judgment of Landlord, is not harmonious with the design standards of the Building. 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.
11.3 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; or (b) Tenant fails to continuously occupy the Premises; or (c) Tenant assigns the Lease (except in connection with a Permitted Transfer) or subleases more than 25% of the Premises (except in connection with a Permitted Transfer), then Tenant’s rights granted herein will terminate and Landlord may remove any Panel at Tenant’s cost. Tenant agrees upon the expiration date or sooner termination of this Lease, upon Landlord’s request, to remove the Panel and repair any damage to the Monument Sign at Tenant’s sole cost and expense. Notwithstanding In addition, Tenant shall pay to Landlord, within ten (10) days after demand, from time to time, all other costs attributable to the foregoingfabrication, installation, insurance, lighting (if applicable), maintenance and repair of Tenant’s name on the Signage Monument, plus a pro-rata share (determined by Landlord based upon the number of tenant signs on the Signage Monument) of the costs of maintenance, insurance, and repair of the Signage Monument. Landlord shall have the right to relocate, redesign and/or reconstruct the Signage Monument from time to time. The signage rights granted to Tenant under this Section 11.1: (A) are personal to the Original Tenant and any assignee to which Tenant’s entire interest in the Lease, as hereby amended, has been assigned pursuant to Paragraph 10(a) of the Addendum attached to the Original Lease; provided, however, that any name change on the Signage Monument to reflect the name of such assignee shall be subject to Landlord’s prior approval, which shall not be unreasonably withheld or delayed; and (B) shall only be available to and exercisable by the Original Tenant (or such assignee, as the case may be) when the Original Tenant (or such assignee, as the case may be) is in actual and physical possession of the entire Premises. Upon termination or expiration of the Lease, as hereby amended, or upon the earlier termination of Tenant’s signage rights under this Section 11.1, Landlord shall have the right to perform any removal or restoration work with contractors selected by Landlord permanently remove Tenant’s name from the Signage Monument and to ▇▇▇▇ restore and repair all damage to the Signage Monument resulting from such removal, and Tenant for the cost thereof as additional Rent.
11.4 Landlord mayshall pay to Landlord, at any time during the Term within ten (or any extension thereof), upon five (510) days prior written notice to Tenantafter demand, relocate the position of Tenant’s Panel on the Monument Sign all costs incurred in order to keep the alphabetical listing order intact. The cost of connection with such relocation of Tenant’s Panel shall be paid by Landlordremoval, restoration and repair.
Appears in 1 contract
Sources: Industrial Gross Lease (Celera CORP)
Monument Signage. 11.1 So long as (i) Tenant is not in default under the terms As of the date of this Lease; and , Landlord is finalizing Landlord’s plans to install two (ii2) Tenant has not assigned monument signs at the Lease Project, with one (except in connection with a Permitted Transfer1) or sublet more than 25% monument sign located at each of the Premises two (except in connection with a Permitted Transfer), then Landlord shall install, for Tenant’s benefit and at Tenant’s cost, a signage panel (2) driveway entrances to the “Panel”) identifying Tenant’s presence in Project. Upon the Building on completion of the existing Building installation of the monument sign that is located at the entrance to the Project that is nearest to the 110 Building (the “Monument Sign”), Tenant shall have the right to utilize Tenant’s pro-rata share of space on the Monument Size (based on the rentable square footage of the Premises) located ___________________to place Tenant’s name, with such name to be in accordance with the signage criteria for such Monument Sign. The exact location cost of adding Tenant’s name to the monument sign (and any subsequent modifications to Tenant’s name on the Monument Sign) shall be borne by Tenant. Upon the expiration of this Lease (or the earlier expiration of Tenant’s Panel right to maintain its name on the Monument Sign, as provided below), Tenant shall reimburse Landlord for the cost to remove Tenant’s name from the Monument Sign and to perform the repairs to the Monument Sign required due to such removal. Notwithstanding anything to the contrary above, Tenant’s right to have Tenant’s name on the Monument Sign pursuant to the foregoing may, at Landlord’s option, be terminated by Landlord upon written notice to Tenant (i) if there exists a continuing Event of Default that is not cured by Tenant within fifteen (15) days following additional written notice from Landlord to Tenant advising Tenant that Landlord will terminate Tenant’s right to the monument signage if the Event of Default is not cured within such fifteen (15) day period, or (ii) if the original Tenant hereunder (and/or an Affiliate thereof pursuant to Paragraph 31.h. above) is not in occupancy of at least 41,286 rentable square feet of space in the Building. If Tenant’s rights to have Tenant’s name on the Monument Sign has been terminated by Landlord in writing pursuant to this subparagraph, Tenant’s right to be listed on the Monument Sign shall be determined alphabetically (i.e. starting with “A” names on unavailable to Tenant even if the top circumstances that triggered Landlord’s termination of the Monument Sign. Tenant, at its sole cost and expense, shall obtain all necessary building permits and zoning and regulatory approval in connection with the Panel. Following installation of the Panel, Tenant shall remain liable for all costs related to the maintenance and, if applicable, illumination of the Panel. Notwithstanding the foregoing, Landlord shall have the right to maintain the Panel with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as Additional Rent.
11.2 Tenant must obtain Landlord’s written consent to any proposed Panel prior to its fabrication and installation. Landlord reserves the right to withhold consent to any Panel that, in the sole judgment of Landlord, is not harmonious with the design standards of the Building. 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.
11.3 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; or (b) Tenant fails to continuously occupy the Premises; or (c) Tenant assigns the Lease (except in connection with a Permitted Transfer) or subleases more than 25% of the Premises (except in connection with a Permitted Transfer), then Tenant’s rights granted herein will terminate and Landlord may remove any Panel at Tenant’s cost. Tenant agrees upon the expiration date or sooner termination of this Lease, upon Landlord’s request, to remove the Panel and repair any damage to the Monument Sign at Tenant’s sole cost and expense. Notwithstanding the foregoing, Landlord shall have the right to perform any removal or restoration work with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as additional Rentno longer exists.
11.4 Landlord may, at any time during the Term (or any extension thereof), upon five (5) days prior written notice to Tenant, relocate the position of Tenant’s Panel on the Monument Sign in order to keep the alphabetical listing order intact. The cost of such relocation of Tenant’s Panel shall be paid by Landlord.
Appears in 1 contract
Sources: Office Lease (Zscaler, Inc.)
Monument Signage. 11.1 So long as (i) Tenant is not in default under Subject to the terms of this Section 23.5, Applicable Laws and all applicable Building rules and regulations, the Lease; original Tenant named in this Lease and any Permitted Non-Transferee (iicollectively, "Original Tenant") Tenant has not assigned shall have the Lease non-exclusive right to have a sign (except in connection with a Permitted Transfer"Tenant's Sign") or sublet more than 25% on one (1) tenant strip of the Premises (except in connection with a Permitted Transfer), then Landlord shall install, for Tenant’s benefit and at Tenant’s cost, a signage panel monument sign located fi·ont of the Building (the “Panel”) identifying Tenant’s presence in the Building on the existing Building monument sign (the “Monument Sign”) located ___________________"Monument"). The exact location of Tenant’s Panel 's Sign on the Monument shall be designated by Landlord. Tenant's right to Tenant's Sign shall be determined alphabetically (i.e. starting with “A” names on subject to all applicable governmental laws, rules, regulations, codes and approvals. Further, Tenant shall be responsible for obtaining any applicable permits or other governmental approval(s) applicable to or required for Tenant's Sign. Subject to the top terms hereof, the content, size, design, location, graphics, materials, colors and other specifications of the Monument SignTenant's Sign shall be subject to the approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant, at its sole cost Tenant shall be responsible for all costs and expense, shall obtain all necessary building permits and zoning and regulatory approval expenses incurred in connection with the Panel. Following installation of the Paneldesign, Tenant shall remain liable for all costs related to the maintenance andconstruction, installation, repair, operation (including utilities costs, if applicable), illumination maintenance, compliance with laws, and removal of the PanelTenant's Sign. Notwithstanding Tenant's signage rights set fm1h in this Section 23.5 shall be personal to the foregoingOriginal Tenant, and may not be assigned to any assignee or to any sublessee or any other person or entity. Landlord shall have the right to maintain the Panel with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as Additional Rent.
11.2 Tenant must obtain Landlord’s written consent to any proposed Panel prior to its fabrication and installation. Landlord reserves the terminate Tenant's right to withhold consent to any Panel that, maintain Tenant's Sign in the sole judgment of Landlord, is not harmonious with the design standards of the Building. To obtain Landlord’s consent, event that Tenant shall submit design drawings to Landlord, showing the type and sizes be in monetary default of all lettering; the colors, finishes and types of materials used; and (if applicable and Landlord consents) any provisions for illumination.
11.3 If during the Term (and any extensions thereof) (a) Tenant is in default under the terms of the this Lease after the expiration of any applicable cure periods; or (b) Tenant fails to continuously occupy the Premises; or (c) Tenant assigns the Lease (except period. In addition, Tenant's signage rights set forth in connection with a Permitted Transfer) or subleases more than 25% of the Premises (except in connection with a Permitted Transfer), then Tenant’s rights granted herein will this Section 23.5 shall terminate and Landlord may remove any Panel at Tenant’s cost. Tenant agrees upon the expiration date or sooner termination of this Lease, upon Landlord’s request, to remove the Panel and repair any damage to the Monument Sign at Tenant’s sole cost and expense. Notwithstanding the foregoing, Landlord shall have the right to perform any removal or restoration work with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as additional Rent.
11.4 Landlord may, at any time during the Lease Term during which the Original Tenant fails to physically occupy at least seventy-five percent (75%) of the rentable area of the Premises. Upon the expiration of the Lease Term or any extension thereof), upon five (5) days prior written notice to Tenant, relocate the position earlier termination of Tenant’s Panel on 's signage rights under this Section 23.5, Tenant shall, at Tenant's sole cost and expense, remove the Monument Tenant's Sign in order and repair any and all damage caused by such removal and restore all affected areas to keep the alphabetical listing order intact. The cost of such relocation of Tenant’s Panel shall be paid by Landlordtheir original condition.
Appears in 1 contract
Monument Signage. 11.1 So long as Provided that: (i) Tenant no Default (as said term is not defined in default under the terms Section 18 of the Lease; ) has occurred hereunder and (ii) Tenant has is occupying not assigned less than 20,000 rentable square feet (collectively, the Lease (except in connection with a Permitted Transfer) or sublet more than 25% of the Premises (except in connection with a Permitted Transfer“Monument Sign Conditions”), then Landlord Tenant shall installhave the right, for Tenant’s benefit and at Tenant’s costsole cost and expense, a signage panel to install one (the “Panel”1) identifying Tenant’s presence in the Building on the existing Building monument identification sign (the “Monument Sign”) located ___________________), consisting of the name and/or logo of Tenant, on each of the two existing monuments which serve the Building (and on any replacements thereof and/or on any additional monuments installed by Landlord), for the Term of the Lease, and any extensions thereof, substantially in the form of the signage depicted on Exhibit C, Second Amendment attached hereto and made a part hereof. The exact location of Tenant’s Panel on the Monument Sign shall be determined alphabetically (i.e. starting with “A” names on the top of the Monument Sign. Tenant, at its sole cost and expense, shall obtain all necessary building permits and zoning and regulatory approval in connection with the Panel. Following installation of the Panel, Tenant shall remain liable for all costs related subject to the maintenance and, if applicable, illumination of the Panel. Notwithstanding the foregoing, Landlord shall have the right to maintain the Panel with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as Additional Rent.
11.2 Tenant must obtain Landlord’s written consent to any proposed Panel prior to its fabrication and installation. Landlord reserves the right to withhold consent to any Panel that, in the sole judgment of Landlord, is not harmonious with the design standards of the Building. 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 following conditions (if applicable and Landlord consents) any provisions for illumination.
11.3 If during the Term (and any extensions thereof) “Monument Sign Requirements”): (a) Tenant is said Monument Sign shall be in default under the terms of the Lease after the expiration of compliance with all applicable cure periods; or laws, codes and ordinances, (b) Tenant fails shall have obtained all governmental permits and approvals required in connection therewith (Landlord agreeing to continuously occupy cooperate with Tenant in obtaining any required governmental approvals for its signage, including executing any documents required by any permit granting authority for the Premises; or Monument Sign), (c) Tenant assigns the Lease installation, maintenance and removal of such Monument Sign (except in connection with a Permitted Transfer) or subleases more than 25% including, without limitation, the repair and cleaning of the Premises (except in connection with a Permitted Transfer), then Tenant’s rights granted herein will terminate and Landlord may remove any Panel at Tenant’s cost. existing monument façade upon removal of such Monument Sign) shall be performed by Tenant agrees upon the expiration date or sooner termination of this Lease, upon Landlord’s request, to remove the Panel and repair any damage to the Monument Sign at Tenant’s sole cost and expenseexpense in accordance with the terms and conditions governing maintenance, repair, and alterations pursuant to Section 9 of the Lease, and (d) said Monument Sign and all other signs on the Building’s monuments shall be subject to Landlord’s reasonable regulations. Notwithstanding the foregoingforegoing provisions of this Section 19 to the contrary, Landlord (i) within thirty (30) days after the date on which there occurs, and remains uncured, a failure of one or more Monument Sign Requirements or (ii) promptly upon the expiration or earlier termination of the Term of the Lease, Tenant shall, at Tenant’s cost and expense, remove the Monument Sign and restore all damage to the monument caused by the installation and/or removal of such Monument Sign, which removal and restoration shall be performed in accordance with the terms and conditions governing alterations pursuant to Section 9 of the Lease. The right to the Monument Sign granted pursuant to this Section 19 is personal to Tenant, and may not be exercised by any occupant, subtenant, or other assignee of Tenant, other than under a Business Transfer or to an Affiliate. Provided that Tenant has the right to install the Monument Sign prior to the Outside Requisition Date, Tenant shall have the right to perform any removal or restoration work with contractors selected by Landlord and to ▇▇▇▇ Tenant for apply Landlord’s Base Contribution towards the cost thereof as additional Rent.
11.4 Landlord may, at any time during the Term (or any extension thereof), upon five (5) days prior written notice to Tenant, relocate the position and installation of Tenant’s Panel on the Monument Sign in order to keep the alphabetical listing order intact. The cost of such relocation of Tenant’s Panel shall be paid by LandlordSign.
Appears in 1 contract
Sources: Lease (Akebia Therapeutics, Inc.)
Monument Signage. 11.1 2.1. So long as (i) Tenant is not in default Default under the terms of the Lease; and (ii) Tenant is in occupancy of the Premises; (iii) Tenant has not assigned the Lease (except in connection with other than pursuant to a Permitted Transfer) or sublet more than 25% any part of the Premises (except in connection with a Permitted Transferother than to an Affiliate), then and (iv) Tenant notifies Landlord prior to December 31, 2015, of its desire to have a Panel (as hereinafter defined) (individually a “Signage Condition” and collectively, the “Signage Conditions”), Tenant shall installhave the right, for Tenant’s benefit and at Tenant’s costsubject to the terms hereof, to have its name placed (in each case, a signage panel (the “Panel”) identifying Tenant’s presence in on the monument sign serving the Building (the location of which is shown on the existing Building monument sign Exhibit H) (the “Monument Sign”) located ___________________). The exact installation of the Panel shall be subject to (a) the approval of any governmental authority having jurisdiction and (b) the existing rights of existing tenants in the Building. The location of the Panel shall be subject to Landlord’s reasonable discretion. The Panel shall (1) be designed by Landlord, (2) contain the Tenant’s Panel name, (3) be of a similar size and style as the names of other tenants on the Monument Sign shall and be determined alphabetically (i.e. starting with “A” names on the top of the Monument Sign. Tenant, at its sole cost and expense, shall obtain all necessary building permits and zoning and regulatory approval in connection with the Panel. Following installation of the Panel, Tenant shall remain liable for all costs related to the maintenance and, if applicable, illumination of the Panel. Notwithstanding the foregoing, Landlord shall have the right to maintain the Panel with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as Additional Rent.
11.2 Tenant must obtain Landlord’s written consent to any proposed Panel prior to its fabrication and installation. Landlord reserves the right to withhold consent to any Panel that, in the sole judgment of Landlord, is not harmonious with the design standards of the BuildingBuilding and Monument Sign, (4) be affixed to the Monument Sign in a manner consistent with the other tenant names on the Monument Sign, and (5) if the other tenant names on the Monument Sign are currently illuminated, be illuminated in a similar manner. To obtain Following receipt of all necessary governmental approvals and so long as the Signage Conditions are satisfied, Landlord, at Tenant’s consentsole cost and expense, shall fabricate, construct and thereafter install the Panel on the Monument Sign. All costs for which Tenant is responsible under this Section 2.1 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
2.2. Although Landlord will perform the maintenance and repair to the Monument Sign and the Panel, Tenant shall submit design drawings be liable for all costs related to such maintenance, and, if applicable, illumination thereof. 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 the Monument Sign. All costs for which Tenant is responsible under this Section 2.2 shall be paid by Tenant to Landlord within 30 days of written request by 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.
11.3 If 2.3. Upon expiration or earlier termination of the Lease or if during the Term (and any extensions thereof) (a) Tenant is in default under the terms any 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 (except in connection with a Permitted Transfer) or subleases more than 25% of the Premises (except in connection with a Permitted Transfer)Signage Conditions are no longer satisfied, then Tenant’s 's rights granted herein will terminate and Tenant, at its cost within 30 days after request by Landlord, shall remove Tenant’s Panel from the Monument Sign and restore the affected portion of the Monument Sign to the condition it was in prior to installation of Tenant’s Panel, ordinary wear and tear excepted. If Tenant does not perform such work within such 30 day period, then Landlord may remove any Panel do so, at Tenant’s cost. , and Tenant agrees upon the expiration date or sooner termination of this Lease, upon Landlord’s request, to remove the Panel and repair any damage to the Monument Sign at Tenant’s sole cost and expense. Notwithstanding the foregoing, shall reimburse Landlord shall have the right to perform any removal or restoration work with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as additional Rentof such work within 30 days after request therefore. The provisions of this Section 2.3 shall survive expiration or earlier termination of the Lease.
11.4 2.4. Landlord may, at any time anytime during the Term (or any extension thereof), upon five (5) 30 days prior written notice to Tenant, relocate the position of Tenant’s Panel on the Monument Sign in order to keep the alphabetical listing order intact's Panel. The cost of such relocation of Tenant’s 's Panel shall be paid by at the cost and expense of Landlord.
Appears in 1 contract
Monument Signage. 11.1 So long as Subject to compliance with all applicable laws, codes, ordinances and governmental and private approvals, within a reasonable time following Tenant's written request, Landlord shall either, at Landlord’s sole election, (i) Tenant is not in default under alter the terms existing signage at the east side of the Lease; and Center Tower (identified as “Fountain Sign” on Exhibit A-1) to permit installation of tenant signage thereon, or (ii) Tenant has not assigned install a new monument sign near the Lease (except in connection with a Permitted Transfer) or sublet more than 25% west entrance of the Premises Office Building (except in connection with a Permitted Transfer), then Landlord shall install, for Tenant’s benefit and at Tenant’s cost, a signage panel (the “Panel”) identifying Tenant’s presence in the Building on the existing Building monument sign (either being referred to herein as the “Monument Sign”), either of which shall be performed in accordance with the exact location, size, color, design, material, content, lighting and other characteristics selected by Landlord. Once installed or altered, Landlord shall affix on the Monument Sign an Office Building standard (as determined by Landlord) located ___________________monument signage entry (“Tenant’s Sign”) bearing Tenant's name. The exact location of Tenant’s Panel on cost to install or alter the Monument Sign shall be determined alphabetically (i.e. starting with “A” names on borne 100% by Landlord; the top cost of Tenant’s Sign shall be borne 100% by Tenant. The repair, maintenance, replacement and restoration of the Monument SignSign following a casualty or condemnation shall be borne by Landlord; the repair, maintenance, replacement and restoration of Tenant’s Sign following a casualty or condemnation shall be borne by Tenant. Tenant, at its sole cost Upon either: (i) the occurrence of a default by Tenant that continues beyond the expiration of any applicable notice and expense, shall obtain all necessary building permits and zoning and regulatory approval in connection with cure periods; (ii) the Panel. Following installation expiration or earlier termination of the PanelLease, (iii) the assignment of the Lease or sublet of the entire Premises, or (iv) the occurrence of an event which causes the rentable square feet leased to Tenant shall remain liable for all costs related and occupied by Tenant pursuant to the maintenance andLease, if applicableas amended, illumination of the Panel. Notwithstanding the foregoingto fall below 30,000 rentable square feet, Landlord shall have the right right, but not the obligation, to maintain remove Tenant’s Sign from the Panel Monument Sign ("Landlord's Removal Option"), to repair all injury or damage resulting from such removal (the "Signage Restoration"), and Tenant shall promptly reimburse Landlord for all actual cost incurred in connection therewith (the "Removal Costs"). Tenant’s Sign will bear only Tenant’s name, but otherwise will not be LEGAL02/30607851v15 exclusive, with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as Additional Rent.
11.2 Tenant must obtain Landlord’s written consent to any proposed Panel prior to its fabrication and installation. Landlord reserves having the right to withhold consent to any Panel that, in the sole judgment of Landlord, is not harmonious with the design standards of the Building. 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.
11.3 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; or (b) Tenant fails to continuously occupy the Premises; or (c) Tenant assigns the Lease (except in connection with a Permitted Transfer) or subleases more than 25% of the Premises (except in connection with a Permitted Transfer), then Tenant’s rights granted herein will terminate and Landlord may remove any Panel at Tenant’s cost. Tenant agrees upon the expiration date or sooner termination of this Lease, upon Landlord’s request, to remove the Panel and repair any damage to the Monument Sign at Tenant’s sole cost and expense. Notwithstanding the foregoing, Landlord shall have the right to perform any removal or restoration work with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as mount additional Rent.
11.4 Landlord may, at any time during the Term (or any extension thereof), upon five (5) days prior written notice to Tenant, relocate the position of Tenant’s Panel entries on the Monument Sign in order to keep so long as Tenant retains top billing and so long as no other tenant entry on the alphabetical listing order intact. The cost Monument Sign has lettering of such relocation a size larger than the lettering of Tenant’s Panel shall be paid by LandlordSign. Tenant may use Tenant’s Sign for its own personal use only and may not allow any third party to use or share Tenant’s Sign.
Appears in 1 contract
Sources: Lease Agreement (Healthsouth Corp)
Monument Signage. 11.1 4.1. So long as (i) Tenant is not in default Default under the terms of the Lease; and (ii) Tenant is in occupancy of the Premises; (iii) Tenant has not assigned the Lease (except in connection with a Permitted Transfer) or sublet more than 25% any part of the Premises (except in connection with other than pursuant to a Permitted Transfer), then (iv) Tenant notifies Landlord prior to December 31, 2024, of its desire to have a Panel (as hereinafter defined) (individually a “Signage Condition” and collectively, the “Signage Conditions”), Tenant shall installhave the right, for Tenant’s benefit and at Tenant’s costsubject to the terms hereof, a signage panel to have its name placed (the “Panel”) identifying Tenant’s presence in the Building on the existing shared Building monument sign located at the East Hillsdale entrance to the Building (the “"Monument Sign”) located ___________________"). The exact installation of the Panel shall be subject to (a) the approval of any governmental authority having jurisdiction and (b) the existing rights of existing tenants in the Building. The location of the Panel shall be subject to Landlord’s reasonable discretion. The Panel shall (1) be designed by Landlord, (2) contain the Tenant’s Panel name, (3) be of a similar size and style as the names of other tenants on the Monument Sign shall and be determined alphabetically (i.e. starting with “A” names on the top of the Monument Sign. Tenant, at its sole cost and expense, shall obtain all necessary building permits and zoning and regulatory approval in connection with the Panel. Following installation of the Panel, Tenant shall remain liable for all costs related to the maintenance and, if applicable, illumination of the Panel. Notwithstanding the foregoing, Landlord shall have the right to maintain the Panel with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as Additional Rent.
11.2 Tenant must obtain Landlord’s written consent to any proposed Panel prior to its fabrication and installation. Landlord reserves the right to withhold consent to any Panel that, in the sole judgment of Landlord, is not harmonious with the design standards of the BuildingBuilding and Monument Sign, (4) be affixed to the Monument Sign in a manner consistent with the other tenant names on the Monument Sign, (5) if the other tenant names on the Monument Sign are currently illuminated, be illuminated in a similar manner. To obtain Following receipt of all necessary governmental approvals and so long as the Signage Conditions are satisfied, Landlord, at Tenant’s consentsole cost and expense, shall fabricate, construct and thereafter install the Panel on the Monument Sign. All costs for which T▇▇▇▇▇ is responsible under this Section 4.1 shall be paid by Tenant to Landlord within 30 days of written request by Landlord.
4.2. Although Landlord will perform the maintenance and repair to the Monument Sign and the Panel, Tenant shall submit design drawings be liable for all costs related to such maintenance, and, if applicable, illumination thereof. 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 the Monument Sign. All costs for which T▇▇▇▇▇ is responsible under this Section 4.2 shall be paid by Tenant to Landlord within 30 days of written request by 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.
11.3 If 4.3. Upon expiration or earlier termination of the Lease or if during the Term (and any extensions thereof) (a) Tenant is in default under the terms any 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 (except in connection with a Permitted Transfer) or subleases more than 25% of the Premises (except in connection with a Permitted Transfer)Signage Conditions are no longer satisfied, then Tenant’s 's rights granted herein will terminate and Tenant, at its cost within 30 days after request by Landlord, shall remove Tenant’s Panel from the Monument Sign and restore the affected portion of the Monument Sign to the condition it was in prior to installation of Tenant’s Panel, ordinary wear and tear excepted. If Tenant does not perform such work within such 30-day period, then Landlord may remove any Panel do so, at Tenant’s cost. , and Tenant agrees upon the expiration date or sooner termination of this Lease, upon Landlord’s request, to remove the Panel and repair any damage to the Monument Sign at Tenant’s sole cost and expense. Notwithstanding the foregoing, shall reimburse Landlord shall have the right to perform any removal or restoration work with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as additional Rentof such work within 30 days after request therefore. The provisions of this Section 4.3 shall survive expiration or earlier termination of the Lease.
11.4 4.4. Landlord may, at any time anytime during the Term (or any extension thereof), upon five (5) 30 days prior written notice to Tenant, relocate the position of Tenant’s Panel on the Monument Sign in order to keep the alphabetical listing order intact's Panel. The cost of such relocation of Tenant’s 's Panel shall be paid by at the cost and expense of Landlord.
Appears in 1 contract
Monument Signage. 11.1 So long Landlord hereby covenants and agrees to construct a monument sign in front of the Building on which Tenant may install its name on both sides thereof at the time and in the manner provided by this Paragraph. At such time as Tenant actually occupies, has exercised its refusal rights with respect to, or has executed a lease for not less than 71,000 rentable square feet of space in the Building (exclusive of unexercised expansion, right of first refusal, or similar options), Tenant shall be entitled to place its name at a location designated by Landlord on such monument sign. The location, size and materials of such monument signage shall be approved by Landlord in its discretion. All monument signs shall be of equivalent size, and the monument shall be of a sufficient size to permit installation of not less than four (4) signs thereon. Tenant shall be required to pay for any and all costs and expenses associated with the design, construction, and installation of such signage (as opposed to the cost of the monument), and for the removal thereof, upon the expiration or earlier termination of this Lease. In addition, in the event that (i) Tenant, after the installation of such signage at any time occupies less than 71,000 rentable square feet of space in the Building, Landlord may elect at its sole option to require Tenant is not in default under the terms of the Lease; and (ii) Tenant has not assigned the Lease (except in connection with a Permitted Transfer) or sublet more than 25% of the Premises (except in connection with a Permitted Transfer), then Landlord shall install, for Tenant’s benefit and to remove its signage at Tenant’s cost, a signage panel (the “Panel”) identifying Tenant’s presence in the Building on the existing Building monument sign (the “Monument Sign”) located ___________________. The exact location of Tenant’s Panel on the Monument Sign shall be determined alphabetically (i.e. starting with “A” names on the top of the Monument Sign. Tenant, at its 's sole cost and expense, shall obtain all necessary building permits and zoning and regulatory approval in connection with the Panel. Following installation (ii) at any time there are three or more tenants occupying more rentable square footage of the Panel, Building than Tenant shall remain liable for all costs related to the maintenance and, (even if applicable, illumination of the Panel. Notwithstanding the foregoing, Landlord shall have the right to maintain the Panel with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as Additional Rent.
11.2 Tenant must obtain Landlord’s written consent to any proposed Panel prior to its fabrication and installation. Landlord reserves the right to withhold consent to any Panel that, in the sole judgment of Landlord, is not harmonious with the design standards occupies 71,000 rentable square feet or more of the Building. To obtain Landlord’s consent), Landlord may require Tenant shall submit design drawings to Landlordremove its signage at Tenant's sole cost and expense; provided, showing however, that no tenant in the type and sizes Building will be entitled to place its signage on the monument sign unless such tenant occupies square footage in an amount equal to or greater than the lesser of all lettering; the colors, finishes and types of materials used; and (if applicable and Landlord consents) any provisions for illumination.
11.3 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; 71,000 rentable square feet, or (b) the rentable square footage actually leased and occupied by Tenant fails from time to continuously occupy the Premises; or (c) Tenant assigns the Lease (except in connection with a Permitted Transfer) or subleases more than 25% of the Premises (except in connection with a Permitted Transfer), then Tenant’s rights granted herein will terminate and Landlord may remove any Panel at Tenant’s cost. Tenant agrees upon the expiration date or sooner termination of this Lease, upon Landlord’s request, to remove the Panel and repair any damage to the Monument Sign at Tenant’s sole cost and expense. Notwithstanding the foregoing, Landlord shall have the right to perform any removal or restoration work with contractors selected by Landlord and to ▇▇▇▇ Tenant for the cost thereof as additional Renttime.
11.4 Landlord may, at any time during the Term (or any extension thereof), upon five (5) days prior written notice to Tenant, relocate the position of Tenant’s Panel on the Monument Sign in order to keep the alphabetical listing order intact. The cost of such relocation of Tenant’s Panel shall be paid by Landlord."
Appears in 1 contract
Sources: Lease Agreement (Interland Inc)
Monument Signage. 11.1 So long as (ia) Tenant is not in default under the terms of the Lease; Subject to Paragraphs 29.3(b),(c) and (iid) Tenant has not assigned below, during the Lease (except in connection with a Permitted Transfer) or sublet more than 25% of the Premises (except in connection with a Permitted Transfer), then Landlord shall install, for Tenant’s benefit and at Tenant’s cost, a signage panel (the “Panel”) identifying Tenant’s presence in the Building on the existing Building monument sign (the “Monument Sign”) located ___________________. The exact location of Tenant’s Panel on the Monument Sign shall be determined alphabetically (i.e. starting with “A” names on the top of the Monument Sign. Tenant, at its sole cost and expense, shall obtain all necessary building permits and zoning and regulatory approval in connection with the Panel. Following installation of the PanelTerm, Tenant shall remain liable for all costs related be entitled, subject to obtaining required approvals from the maintenance and, if applicable, illumination City of the Panel. Notwithstanding the foregoing, Landlord shall have the right to maintain the Panel with contractors selected by Landlord and to Santa ▇▇▇▇▇▇ Tenant and other required governmental approvals, to non-exclusive signage displaying Tenant’s name on a monument to be developed for the cost thereof Project (referred to herein as Additional Rentthe “Monument Signage”).
11.2 Tenant must obtain Landlord’s written consent to any proposed Panel prior to its fabrication and installation. Landlord reserves the right to withhold consent to any Panel that, in the sole judgment of Landlord, is not harmonious with the design standards of the Building. 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.
11.3 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; or (b) Tenant fails to continuously occupy the Premises; or (c) Tenant assigns the Lease (except in connection with a Permitted Transfer) or subleases more than 25% All of the Premises (except in connection with a Permitted Transfer), then Tenant’s signage rights granted herein will terminate and Landlord may remove any Panel at Tenant’s cost. Tenant agrees set forth in this Section 29.3 shall expire upon the expiration date or sooner any earlier termination of this Lease. Upon such Lease expiration or termination, upon LandlordLandlord shall be entitled to immediately remove Tenant’s requestMonument Signage, to remove at Tenant’s sole expense. Without limiting the Panel and repair any damage foregoing, Tenant’s rights to the Monument Sign Signage shall apply only while Tenant occupies at least eighty percent (80%) of the Premises leased to Tenant hereunder. Such rights and restrictions shall be null and void at such time as Tenant fails to occupy at least eighty percent (80%) of the Premises leased to Tenant hereunder, and upon such failure, Landlord shall be entitled to remove Tenant’s Monument Signage at Tenant’s sole expense. For purposes hereof, the amount of space which Tenant occupies shall mean the space personally occupied by Tenant and its Affiliates or Successors under this Lease and not subleased or assigned to a third party other than an Affiliate or Successor of Tenant.
(c) The location, size, materials, coloring and lighting of the monument shall be developed by Landlord in conjunction with the Building’s architect and other consultants. Tenant’s Monument Signage thereon shall be developed with input from Tenant, and shall be subject to Landlord’s approval, in its sole but good faith discretion. The Monument Signage shall be consistent and compatible with other signage for the Project and the Project’s design, signage and graphics programs. All such signage shall comply with all applicable rules and regulations of the governmental agencies having jurisdiction. The design, installation, lighting and electrical connections (if any), maintenance, repair, restoration and removal (including restoration of the monument upon which the same was located and/or restoration of any portion of the Building and Building appurtenances upon which the same was located) of Tenant’s signage shall be performed by Landlord at Tenant’s sole cost and expense. Notwithstanding the foregoingTenant shall pay Landlord for Landlord’s Actual Costs incurred in connection therewith, based upon a bid reasonably selected by Landlord shall have the right to perform any removal or restoration from competitive bids solicited for such work with from independent contractors selected by Landlord, within thirty (30) days after receipt of an invoice therefor from Landlord and accompanied by reasonably adequate substantiation of the costs to ▇▇▇▇ Tenant for the cost thereof as additional Rentbe incurred.
11.4 Landlord may(d) Tenant’s signage rights set forth in this Section 29.3 are personal to Genius Products, at LLC and may not be assigned, transferred or conveyed to any time during party by sublease, assignment, operation of law or otherwise, except that the Term same may be transferred in connection with a permitted Transfer to any Affiliate or Successor of Tenant (or any extension thereofas defined in Paragraph 14.1(b) above and, for purposes hereof, including Genius Products, LLC itself in case it elects to change its name); provided, upon five (5) days prior written notice to Tenanthowever, relocate the position Tenant may only effectuate a transfer of Tenant’s Panel on identity rights hereunder if such Affiliate or Successor does not have a name which relates to an entity which is of a character or reputation, or is associated with a political faction or orientation, which is inconsistent with the Monument Sign quality of the Project, or which would otherwise reasonably offend a landlord of first class office projects. In connection with any such permitted transfer, Landlord shall, at Tenant’s expense, replace Tenant’s signage with signage identifying the transferee if so requested by the transferee, provided that such replacement signage shall be subject to and in compliance with the provisions of this Article 29. Tenant acknowledges Landlord’s interest in maintaining the control over the identity of the Project and the exterior signage at the Project in order to keep preserve the alphabetical listing order intact. The cost image and reputation of such relocation of Tenant’s Panel shall be paid by LandlordProject as a first class office project.
Appears in 1 contract
Sources: Office Lease (Genius Products Inc)