Common use of Premises Clause in Contracts

Premises. Landlord shall endeavor to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.

Appears in 3 contracts

Sources: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)

Premises. Landlord shall endeavor to tender possession Landlord, for and in consideration of the Premises (with the Tenant Improvements rents, covenants and the Core and Shell Work Substantially Complete) agreements hereinafter set forth, hereby leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions hereinafter set forth, all that certain parcel of land situated in the County of Riverside, and State of California delineated on or before the Estimated Delivery Date. If Core Exhibit "A" attached hereto and Shell Work or the Tenant incorporated herein ("Land"), together with those certain Landlord's Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify defined in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; "B" (2"Work Letter") to be constructed by Landlord, including an approximately three hundred thirty thousand (330,000) square foot building ("Building") and all other improvements, machinery, equipment, fixtures and other property (except Tenant’s failure 's trade fixtures), to fulfill its obligations be installed or located thereon and all additions, alterations and replacements thereof (collectively "Improvements"). Herein the Land and the Improvements are referred to collectively as set forth the "Premises". Tenant acknowledges that this Lease is subordinate and subject to (a) all liens, encumbrances, deeds of trust, reservations, covenants, conditions, restrictions and other matters affecting the Premises ("Title Matters") (i) in effect on the Effective Date of this Lease as specified in Exhibit "C" attached hereto and incorporated herein ("Preliminary Report") or (ii) approved or deemed approved pursuant to this Section 1.1, ("Permitted Encumbrances") and (b) any law, regulation, rule, order or ordinance of any governmental entity applicable to the Premises or the use or occupancy thereof, in effect on the execution of this Lease or thereafter promulgated. In the Work Letter (including event that, after the Effective Date any failure new Title Matters appear of record, such matters shall be subject to the review and approval of Tenant which approval shall not be withheld so long as the new Title Matter does not materially and adversely impair the use or approve or disapprove any items in accordance with the Work Letter); (3) delays caused occupancy by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure Premises for its intended purpose. Tenant shall deliver written notice to Landlord of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget its approval or disapproval of such Title Matters within ten (10) calendar days after delivery by Landlord to Tenant of such new Title Matter. If Tenant fails to respond within such ten (10) day period and Landlord delivers a draft Budget written reminder notice to Tenant or any request by and Tenant that the scope fails to respond within five (5) days of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice delivery of the date when Landlord believes written reminder notice, the Term Commencement Date will occurnew Title Matter shall be deemed approved.

Appears in 3 contracts

Sources: Lease Agreement (Petco Animal Supplies Inc), Ground Lease Agreement (Petco Animal Supplies Inc), Lease Agreement (Petco Animal Supplies Inc)

Premises. Landlord shall endeavor to tender possession The Premises consists of the Premises (Building to be constructed by the Sublessor in accordance with the Tenant Improvements terms hereof together with the right, appurtenant thereto to the exclusive use of the Common Facilities to be constructed by the Sublessor in accordance with the terms hereof and the Core and Shell Work Substantially Completeland area appurtenant thereto comprising approximately five (5) to Tenant on or before acres, which land area shall consist of a portion of the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required land currently leased by Sublessor pursuant to the 200 Ground Lease (defined below) and a portion of the land area designated as 160 International Drive (or such portion thereof as is necessary to construct the Building and Common Facilities) (the “Lot”), the present, planned location and configuration of which are shown on the conceptual site plan attached hereto as Exhibit A. The parties agree that the final location, configuration and area of the Building, Common Facilities and Lot shall be subject to approval of Sublessor and Sublessee in accordance with Article 3 and Exhibit D hereof. The Lot is located within the former ▇▇▇▇▇ Air Force Base as more particularly described in the hereafter defined Ground Lease (the “Tradeport”). Sublessee shall have as a right appurtenant to the Premises, in common with other Tradeport tenants and occupants and authorized users the right to use the entrances, exits and roadways of the Tradeport designated by the ▇▇▇▇▇ Development Authority (“PDA”) for common use at the Tradeport. Sublessor presently leases a portion of the Lot, such portion being known as 200 International Drive, pursuant to that certain Sublease dated April 5, 2001 by and between the PDA, as lessor, and Sublessor, as lessee (as currently in effect, the “200 Ground Lease” and as hereafter amended by the Premises Ground Lease Amendment, the “Ground Lease”). Sublessor represents and warrants to Sublessee that a true, correct and complete copy of the 200 Ground Lease is attached hereto as Exhibit C and that true, correct and complete copies of any documents or plans referenced in the Exhibits or Schedules thereto have been delivered to Sublessee. From and after the date hereof, Sublessor shall use its best efforts to (i) seek approval of this Lease and be designated the developer and lessee of the land area designated as 160 International Drive (or such portion thereof as comprises the Lot and is otherwise necessary to construct the Building and Common Facilities) (ii) to amend the 200 Ground Lease to include that portion of the Lot not presently leased to Sublessor under the 200 Ground Lease, (iii) to cause the PDA to enter into a non-disturbance agreement with Sublessor and Sublessee in substantially the form of Exhibit J attached hereto (the “PDA Non-Disturbance Agreement”) simultaneously with the execution and delivery of such amendment, all as soon as reasonably practicable. The terms of such amendment to the Work Letter are not Substantially Complete on or before Ground Lease (the Estimated Delivery Date “Premises Ground Lease Amendment”) shall provide for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion addition of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction that portion of the requirements Lot not presently leased to Sublessor under the Ground Lease to the premises currently leased thereunder on the same terms and conditions except for Substantial Completion ground rent and construction obligations of Core Sublessor to the PDA with respect to the Building and Shell Work Common Facilities. It is understood and agreed that Sublessor shall seek to amend the 200 Ground Lease to include land area in addition to that necessary for the Lot or otherwise to construct the Tenant Improvements have been delayed by Building and Common Facilities in order to allow Sublessor to construct in the future, additional buildings and improvements (subject to the terms and conditions hereof). Sublessee agrees that the Premises Ground Lease Amendment may include such additional land so long as (i) the Ground Lease is not terminable as to the Lot should Sublessor fail to construct improvements other than the Building and Common Facilities on the Lot and (ii) the inclusion of such additional land area will not result in any Tenant Delay, Substantial Completion of Core and Shell Work and delay in the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area permitting or construction of the Premises in accordance with Article 9the terms hereof. Sublessor agrees that it shall not commence construction or development of any additional buildings or improvements on the premises demised to Sublessor (or any affiliate thereof) under or pursuant to the Ground Lease until the Delivery Date. Subject to the foregoing, which calculation must the forms, terms and conditions of the Premises Ground Lease Amendment shall be subject to the prior written approval of Sublessee, not to be unreasonably withheld, conditioned or delayed. Upon execution of the approved Premises Ground Lease Amendment, Sublessor and Sublessee shall amend this Lease as necessary to reflect the existence thereof and to include such other amendments to the Exhibits hereto as is reasonably necessary to reflect the configuration of the Lot as approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPDA.

Appears in 3 contracts

Sources: Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.)

Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term, at the rent, and upon the covenants and conditions hereinafter set forth, that certain Premises known as Freeway Lease Area No. XX-XXX-XXX-XXXX, located XXXX in the City of XXXX, State of California, said land or interest therein being shown on the map or plat marked Exhibit “A," attached hereto and by this reference made a part hereof. EXCEPTING THEREFROM all those portions of the above-described Premises occupied by the supports and foundations of the existing structure. California Civil Code Section 1938 requires commercial landlords to disclose to tenants whether the property being leased has undergone inspection by a Certified Access Specialist ("CASp") to determine whether the property meets all applicable construction-related accessibility requirements. Tenant is hereby advised that the Premises have NOT been inspected by a CASp and have not been issued a disability access inspection certificate. As provided in California Civil Code Section 1938(e): A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall endeavor mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to tender possession correct violations of construction-related accessibility standards within the premises. This Lease is subject to (1) approval by the Federal Highway Administration (FHWA) for lease use, if Premises are located on an Interstate, and rent at less than fair market value, (2) all easements, covenants, conditions, restrictions, reservations, rights of way, liens, encumbrances and other matters of record, (3) all matters discoverable by physical inspection of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not that would be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed discovered by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area an accurate survey of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget all matters known to Tenant or any request by of which Tenant that has notice, constructive or otherwise, including, without limitations, those shown on the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.attached map Exhibit "A.”

Appears in 2 contracts

Sources: Right of Way Use Agreement, Right of Way Use Agreement

Premises. ARTICLE 2 - LEASE TERM of the Lease is hereby amended such that the fifth (5th) and sixth (6th) sentences thereof shall read as follows: "Landlord shall endeavor to tender has delivered, and Tenant acknowledges having possession of, approximately 34,537 rentable square feet of the Premises on the ground floor of the Building (with the Tenant Improvements and the Core and Shell Work Substantially Complete"Initial Premises") to Tenant on or before about the Estimated Delivery Lease Commencement Date; and Landlord anticipates delivering the balance of the Premises on the second floor of the Building comprising approximately 32,945 rentable square feet (the "Remaining Premises"), approximately 22,945 rentable square feet (the "A Remaining Premises"), as shown on Exhibit A to this Amendment, is anticipated to be delivered to Tenant on or about December 1, 2000 (the "RPA Commencement Date"); and approximately 10,000 rentable square feet (the "B Remaining Premises"), as shown on Exhibit A to this Amendment, is anticipated to be delivered to Tenant on or about March 1, 2001 (the "RPB Commencement Date"). If Core and Shell Work or the Tenant Improvements as required pursuant to the terms Landlord, for any reason, cannot deliver possession of the Work Letter are A Remaining Premises to Tenant on the RPA Commencement Date (in the condition that exists on the day after the Existing Tenant vacates the A Remaining Premises), or cannot Substantially Complete deliver possession of the B Remaining Premises to Tenant on the RPB Commencement Date (in the condition that exists on the day after the Existing Tenant vacates the B Remaining Premises), in either case without any improvements, alterations, repairs, refurbishment or before other modifications being made thereto (except as may be necessary to satisfy the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidablerequirements of Section 1.2 above), Landlord shall not be liable subject to any liability nor shall the validity of this Lease be affected; provided that the RPA Commencement Date and/or the RPB Commencement Date, as appropriate, shall be extended commensurately by the period of time Landlord is delayed in so delivering possession of the A Remaining Premises and/or the B Remaining Premises to Tenant for without any loss improvements, alterations, repairs, refurbishment or damage resulting therefrom other modifications being made thereto. Tenant's rights to use the A Remaining Premises and the Term B Remaining Premises shall be subject and subordinate to the rights of Phoenix; and no use by Tenant may unreasonably interfere with the rights of Phoenix to use and occupancy of Phoenix's premises." Throughout the Lease, references to the "RP Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements Date" shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect references to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that "RPA Commencement Date" and/or the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term "RPB Commencement Date will occurDate", as appropriate.

Appears in 2 contracts

Sources: Sublease Agreement (Biotime Inc), Lease Agreement (Avigen Inc \De)

Premises. Landlord leases to Tenant and Tenant leases from Landlord the Premises, together with the right in common with others to use the Common Areas. Tenant shall have access to the Premises, 24 hours per day, 365 days per year, subject to reasonable security requirements, periodic maintenance and emergency situations and to all of the terms and conditions of this Lease. Subject to Landlord’s obligations with respect to the Tenant Improvements, Tenant accepts the Premises, Building and Common Areas “AS IS”, without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. Landlord and Tenant stipulate and agree to the rentable square footage set forth in Section 1 above without regard to actual measurement. (a) Landlord shall endeavor cause to tender possession of be constructed, in compliance with applicable Laws, the Premises tenant improvements described on Exhibit “C” (with the Tenant Improvements”). All bids received and subsequent documentation shall be available for Tenant’s review on an “open book” basis and Tenant shall be permitted to participate in the construction meetings (which shall be held not less frequently than twice per month) and in the selection process; provided, however, that all contractors shall be selected by Landlord in Landlord’s sole but reasonable discretion. All construction documents and drawings and similar documents for the Tenant Improvements shall be subject to Tenant’s approval, not to be unreasonably withheld. If Tenant fails to respond to any request for such approval within two (2) business days, then such approval shall be deemed given. Tenant shall have the right to inspect the progress of the Tenant Improvements upon reasonable advance notice to Landlord. Landlord shall cause the Tenant Improvements to be done in a good and workmanlike manner, and Landlord shall diligently and expeditiously pursue the Core issuance of a building permit for the construction of the Tenant Improvements. Landlord shall cause the Tenant Improvements to be carried forward expeditiously and Shell Work Substantially Complete) with adequate work forces so as to achieve Substantial Completion of the Tenant Improvements on or before the Estimated Delivery Commencement Date. If Core In constructing the Tenant Improvements, Landlord reserves the right to make substitutions of material of equivalent grade and Shell Work or quality if any specified material shall not be readily and reasonably available upon prior notice to Tenant. Upon the Tenant Improvements as required pursuant to the terms of the Work Letter are not being Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableCompleted, Landlord shall not be liable to notify Tenant, and Tenant for any loss or damage resulting therefrom and the Term Commencement Date its Agents shall not occur until Substantial Completion of Core and Shell Work and inspect the Tenant Improvements occurs; providedwith Landlord within three (3) business days of receipt of such notice from Landlord. Within three (3) business days following such inspection, however, if the satisfaction Tenant shall deliver to Landlord a punchlist of defective or incomplete portions of the requirements for Substantial Completion Tenant Improvements. Landlord shall cause such punchlist items to be repaired or completed within thirty (30) days of Core and Shell Work or Landlord’s receipt of the Tenant Improvements have been delayed by any Tenant Delaypunchlist. Upon completion of all punchlist items to Tenant’s reasonable satisfaction, Substantial Completion it shall be presumed that all of Core and Shell Work and the Tenant Improvements shall be deemed to occur when free from latent defects in materials and workmanship, excluding however, all repairs required in connection with routine maintenance and those repairs caused by Tenant. Notwithstanding the foregoing, Landlord shall repair, at its sole cost and expense, any latent defects in the Tenant Improvements discovered within one (as reasonably determined by Landlord1) year following the Substantial Completion of Core the Tenant Improvements. (b) Notwithstanding the foregoing, in the event that the Tenant Improvements are not Substantially Completed, in whole or in part, due to Tenant Delay, then the Free Rent Period shall be reduced for every day of such delay, and Shell Work if such delay is longer than the Free Rent Period, Tenant’s obligation to pay Rent hereunder shall not be affected or deferred on account of such delay, and the Commencement Date shall be deemed to be the date that the Tenant Improvements would have occurred if been Substantially Completed but for such Tenant Delay had not occurred. Within thirty Delay. (30c) days after Substantial Completion Following the determination of Core the Commencement Date, the parties shall execute a commencement date memorandum memorializing the Commencement Date, Free Rent Period, Expiration Date, and Shell Work and the Tenant Improvements, LandlordTenant’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area acceptance of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant the form of Exhibit “H” attached hereto. (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in d) Commencing on the commencement or completion of the Core and Shell Work or the TI Work date that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least is approximately thirty (30) days prior written notice to the date that the Tenant Improvements are reasonably expected to be Substantially Completed, Landlord shall permit Tenant to enter the Premises in order to commence installing its furniture, equipment, cabling and wiring and fixtures, subject to Tenant obtaining, at Tenant’s sole cost and expense, all Permits required in connection with the installation thereof. With respect to such early access, all provisions of this Lease shall then be in full force and effect, specifically including, but not limited to, Sections 8 and 10 hereof (excluding however, Tenant’s obligation to pay Monthly Rent and utilities). Furthermore, Tenant’s entry in the Premises shall not interfere with Landlord’s construction of the date when Landlord believes Tenant Improvements and any such interference shall be considered a Tenant Delay hereunder. In connection with such early access, Tenant shall follow the Term Commencement Date will occurpolicies and safety directives of Landlord’s contractor.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Neuronetics, Inc.)

Premises. Landlord shall endeavor hereby leases to tender possession of Tenant and Tenant hereby leases from Landlord the Premises subject to the provisions herein contained. Tenant has inspected the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms portions of the Work Letter are not Substantially Complete on Property and Center providing access to or before serving the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work LetterPremises) or TI Tenant Change Order Requests (as defined in has had an opportunity to do so, and agreed to accept the Work Letter); (4) unavailability of materialssame “AS IS” without any agreements, components representations, understandings or finishes for Core and Shell Work or obligations on the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure part of Landlord and to perform any Alterations, repairs or improvements unless expressly provided under this Lease. Tenant to agree further acknowledges that Landlord has not made any representation or warranty (for any reason, provided Landlord acts in good faith and diligently to work with Tenant express or implied) with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after habitability, condition or suitability of the Premises or Property for Tenant’s purposes or any particular purpose. Notwithstanding anything to the contrary contained in this Lease and without reducing any other obligations of Landlord delivers a draft Budget hereunder, Landlord represents and warrants to Tenant or any request by Tenant that the scope that, as of the Tenant Improvements Commencement Date, (i) the Premises shall be modified free and clear of occupants and third party occupancy rights, (ii) the Building and the Premises and every part thereof, shall be in connection compliance with all applicable codes, laws, ordinances and regulations, (iii) all Landlord’s Work shall be substantially completed in a good and workmanlike manner and free from defects with the Budget; or exception of “punch list” items which shall be agreed between the parties and completed by Landlord as provided in Exhibit D, Work Letter, and (7iv) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor structural elements of the Building, the electrical and lighting systems serving and within the Premises, the life safety systems servicing the Premises, if any, the sprinkler system serving the Premises, if any, the HVAC systems serving the Premises, the roof (including the roof membrane), the plumbing and sewer systems serving the Premises and the window coverings on the Premises are all in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurworking order and condition.

Appears in 2 contracts

Sources: Lease (Trupanion Inc.), Lease (Trupanion Inc.)

Premises. Subject to and in accordance with the provisions hereof, Landlord shall endeavor leases to tender possession Tenant and Tenant leases from Landlord the Premises as designated on Exhibit A. Tenant agrees that no representations or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord, except that the Building Systems (with inclusive of all lighting and electrical outlets in the Tenant Improvements and Premises) will be in good working order as of the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Commencement Date. If Core Tenant’s failure to advise Landlord, in writing and Shell within sixty (60) days of the Commencement Date, of a breach of the warranty set forth in the preceding sentence will be indisputable evidence that Landlord has met its warranty obligation. Notwithstanding anything to the contrary set forth hereinabove, Landlord warrants and represents that as of the date of this Lease, Landlord has not received written notice of violation from a governmental authority that the Common Areas of the Building and/or the Premises are in violation of applicable laws, including ADA and laws relating to hazardous materials. In the event of a breach of the foregoing covenant, but specifically subject to and excluding any compliance work triggered by any alterations performed by Tenant (which tenant shall be paid for by Tenant at its sole cost and expense), Landlord, at its sole cost and expense (and not subject to reimbursement as an Operating Expense), shall promptly make such improvements, corrections or repairs as Landlord determines is appropriate to bring such condition into compliance. Except as otherwise expressly provided in this Lease or any Work or Letter attached hereto, Tenant agrees to accept the Premises in their current “AS IS, WHERE IS” condition and acknowledges that EXCEPT AS PROVIDED HEREIN, LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant’s taking possession for the purposes of conducting business, the Premises, including all Initial Improvements shall be deemed accepted by Tenant. Tenant Improvements as required pursuant shall also have the non-exclusive right, subject to the terms hereof, to use the Common Areas of the Work Letter are not Substantially Complete on Project. Tenant acknowledges that the Project is or before may become an integrated commercial real estate project including the Estimated Delivery Date for Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any reason whatsoevertime and from time to time, then this Lease shall not be void to include the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Building, the Common Areas, or voidableProject consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions of the Common Areas, as long as the Premises remain reasonably accessible. Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and agrees that during the Term Commencement Date shall of the Lease it will not occur until Substantial Completion of Core make any changes to the Building or Common Areas that: a] knowingly and Shell Work materially increase the Operating Expenses for which Tenant is responsible without increasing the Base Year’s Operating Expenses by an amount that reasonably takes into account what the Base Year’s Operating Expenses would have been if such change(s) had occurred during the Base Year; b] materially impair access to the Premises or Parking Facility, it being understood and acknowledged by Tenant that Landlord anticipates expanding the Tenant Improvements occurs; Parking Facility at one or more times during the Term, which expansion will in some way affect access to the Parking Facility provided, however, if that there will be no change to the satisfaction number of the requirements for Substantial Completion of Core and Shell Work or the parking spaces available to Tenant, although said spaces can be made available to Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9an alternative parking location, which calculation must alternative parking location will be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; no more than a five (5) minute walk from the Building and, if it is more than a willful or negligent act or omission of Tenant or five (5) minute walk, then Landlord will provide (at no cost to Tenant’s Agents ) a shuttle service that interferes with the progress of the work; (6) failure of Landlord and Tenant will be scheduled to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within run no less than every ten (10) calendar days after Landlord delivers a draft Budget minutes between the hours of 8:00 a.m. to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection 6:00 p.m., Monday through Friday, with the Budgetexception of holidays; or (7) delays caused by any revision or, c] materially impair Tenant’s ability to use the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of Premises for the date when Landlord believes the Term Commencement Date will occurAuthorized Use.

Appears in 2 contracts

Sources: Commercial Lease (Ziprecruiter, Inc.), Commercial Lease (Ziprecruiter, Inc.)

Premises. “As-Is”; FF&E. Assignee shall accept the Premises in its existing “AS-IS” condition as of the Effective Date and expressly acknowledges that Assignor shall not be obligated to provide or pay for any improvements (other than any improvements that were performed by Assignor prior to the Effective Date for which Assignor has no further obligation to pay for or perform as of the Effective Date) . Notwithstanding anything to the contrary in the Lease, Assignee acknowledges that neither Assignor nor Landlord have any responsibility for work which may be required to prepare or remodel the Premises for Assignee’s use, and that Assignor has not made any representations of any kind, either express or implied, in connection with improvements or physical conditions on, or otherwise bearing on, the use or condition of the Premises and Assignee shall endeavor rely solely on Assignee’s own inspection and examination of such items and not on any representations of Assignor, of any kind, either express or implied. Subject to tender Section 7 below, Assignor shall deliver possession of the Premises (to Assignee with the Tenant Improvements construction items listed on Exhibit A-1 attached hereto and the Core and Shell Work Substantially Completelab items listed on Exhibit A-2 attached hereto which shall become the property of Assignee as of the Effective Date (collectively, the “FF&E”) to Tenant . As additional consideration for Assignee entering into this Agreement, on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant prior to the terms Effective Date, Assignor shall execute a Quitclaim Bill of Sale (the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever“Quitclaim”) , then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter form attached hereto as Exhibit G; (2) TenantB, to Assignee for consideration of $1.00 from Assignee for the FF&E and shall deliver the Quitclaim to Assignee concurrent with the mutual execution and delivery of the Consent. Assignor makes no representation or warranty as to the FF&E, and hereby expressly DISCLAIMS ANY WARRANTIES AS TO MERCHANTABILITY, CONDITION, USABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Assignee shall be solely responsible for and shall pay any sales, use or transfer taxes or similar taxes payable with respect to any applicable governmental authority to the transfer of the FF&E to Assignee and Assignee hereby agrees to indemnify, defend, protect and hold Assignor harmless from and against any and all claims, losses and damages, including without limitation, reasonable attorneys’ fees and disbursements, which may at any time be asserted against or suffered by Assignor by reason of Assignee’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including pay any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurapplicable taxes.

Appears in 2 contracts

Sources: Lease Agreement (Caris Life Sciences, Inc.), Lease Agreement (Caris Life Sciences, Inc.)

Premises. (a) Landlord shall endeavor hereby leases to tender possession Tenant and Tenant hereby leases from Landlord those premises (hereinafter referred to as the “Premises”), described in Paragraph 1(d) hereof and designated on Exhibit “A” hereto in the building commonly known as ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇ (hereinafter referred to as the “Building”), together with the non-exclusive right and easement to use the parking (subject to the provisions of Paragraph 36 hereof) and common facilities which may from time to time be furnished by Landlord in common with Landlord and the tenants and occupants (their agents, employees, customers and invitees) of the Building. The Building and common areas, including parking, are hereafter referred to as the “Development” which is more particularly described on Exhibit “B” hereto. Notwithstanding anything herein contained to the contrary, the Second and Third Floors of the Premises (with may not be completed and delivered to Tenant simultaneously. That one of the Second or Third Floor which is first completed and delivered to Tenant Improvements is herein referred to as “Phase One” and the Core other such Floor is herein referred to as “Phase Two.” The date Phase Two is completed and Shell Work Substantially Complete) delivered to Tenant on or before as provided in Paragraph 3(a) hereof is herein referred to as the Estimated Delivery “Effective Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms .” (b) The usable square foot area of the Work Letter are not Substantially Complete on or before Premises, as well as the Estimated Delivery Date for any reason whatsoeverBuilding shall be computed based upon the BOMA American National Standards Z65.1 1996, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date rentable area of the Premises, as well as the Building, shall not occur until Substantial Completion contain a proportionate share of Core the common areas of the Building, utilizing a common area factor on a multi-tenant floor of thirteen percent (13%) and Shell Work on a single tenant floor of eight percent (8%). (c) The rentable square foot area of the Premises, if any, other than the Second and Third Floors, shall be measured by Landlord’s Architect, and Landlord’s Architect shall certify the Tenant Improvements occursrentable square foot area to Landlord and Tenant; provided, however, that if Tenant disagrees with the satisfaction measurement or calculation by Landlord’s architect, ▇▇▇▇▇▇ ▇▇▇▇▇ (hereinafter referred to as the “Independent Architect”) shall promptly measure such portion of the requirements for Substantial Completion of Core Premises and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements its determination shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and binding on the Tenant Improvements would have occurred if parties. In the event such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvementscertification or determination shall contain a rentable square foot area different than that previously utilized, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the Rentable Area rentable square foot area set forth in such certification and Section l(j) shall be revised accordingly. The parties acknowledge that the rentable square foot area of the Premises in accordance with Article 9, which calculation must be approved by Landlord Second and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations Third Floors is as set forth in Section 1(d) hereof and is not subject to measurement as provided in this Lease Paragraph 2(c). (d) Tenant shall be allowed access to the Premises and reasonable portions of the common areas twenty-four (24) hours a day, three hundred sixty-five (365) days a year using card readers, or the Work Letter (including any failure to review or approve or disapprove any items in accordance keys, provided that Tenant shall not materially interfere with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurconstruction activities.

Appears in 2 contracts

Sources: Lease (Rocket Companies, Inc.), Lease (Rocket Companies, Inc.)

Premises. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those premises (hereinafter referred to as the “Premises”), described in Section 1(d) hereof and designated on Exhibit “A” attached hereto in the building located at One Campus Martius, Detroit, Michigan, consisting of approximately 1,025,764 rentable square feet of floor area (hereinafter referred to as the “Building”), together with the non-exclusive right and easement to use the common facilities located within and/or comprising a part of the Development (the “Common Areas”) which Common Areas are for the use in common with Landlord and the tenants and occupants (their agents, employees, customers and invitees) of the Building. The Building, Common Areas, the land upon which they are situated and the parking garages situated adjacent to and under the Building (such garages collectively being referred to as the “Parking Structure”) are hereinafter referred to as the “Development,” a legal description of which is contained on Exhibit “B” attached hereto. (b) The rentable area of the Premises, as well as the Building shall endeavor be computed based upon the 2010 BOMA Standard Method of Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1-2010, and the rentable area of the Premises, as well as the Building, shall contain a proportionate share of the common areas of the Building, utilizing a common area load factor not to tender possession exceed twenty (20%) percent. (c) The rentable square foot area of the Premises (with shall be measured by Landlord’s Architect, and Landlord’s Architect shall certify the Tenant Improvements rentable square foot area to Landlord and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursTenant; provided, however, that if Tenant disagrees with the satisfaction of the requirements for Substantial Completion of Core and Shell Work measurement or the Tenant Improvements have been delayed calculation by any Tenant Delay▇▇▇▇▇▇▇▇’s architect, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined an independent architect jointly selected by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant shall promptly measure such portion of the Rentable Area Premises and its determination shall be binding on the parties. In the event such certification or determination shall contain a rentable square foot area different than that previously utilized, Landlord and Tenant shall promptly execute and deliver an amendment to this Lease reflecting the rentable square foot area set forth in such certification and Section 1(k) shall be revised accordingly. (d) Tenant shall be allowed access to the Premises and reasonable portions of the common areas twenty-four (24) hours a day, three hundred sixty-five (365) days a year using card readers, or keys. (e) Subject to the limitations set forth herein, Landlord reserves (i) the right from time to time to make changes, alterations, additions, improvements, repairs or replacements in or to the Building and the Parking Structure and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, elevators, escalators and stairways and other parts of the Building, and to erect, maintain, and use pipes, ducts and conduits in and through the Premises, all as Landlord may reasonably deem necessary or desirable; provided, however, under no circumstances may Landlord erect any pipes, ducts or conduits in any location within the Premises which interferes with or adversely impacts the use of the Premises, (ii) the right to eliminate, substitute, modify and/or rearrange the Common Areas (which may theretofore have been so designated) as Landlord deems reasonably appropriate, and (iii) change the name, number or designation by which the Building is commonly known, in which event, Tenant will refer to the Building by the name, number or designation as determined by Landlord from time to time. Tenant’s nonexclusive right to utilize the Common Areas shall be in common with Landlord, other tenants and occupants of the Building and others to whom Landlord grants such rights from time to time. Notwithstanding anything herein contained to the contrary, in exercising its rights pursuant to this Section or other provisions of this Lease, Landlord shall (a) not materially or adversely interfere with Tenant’s access to or operations in the Premises or Tenant’s use of the Common Areas which remain available for common use or Parking Structure provided, however, the foregoing shall not preclude Landlord from modifying the Building lobby, or modifying or eliminating areas outside of the Building, (b) not materially or adversely increase any obligation of Tenant under this Lease, or (c) permanently reduce or permanently eliminate any of Tenant’s parking rights. Under no circumstances shall Landlord undertake any action which materially restricts Tenant’s view out of its windows (including the hanging of any banners or signs). In addition, (w) any replacements, substitutions or alterations by Landlord shall be, in the reasonable opinion of Landlord, substantially equivalent to or better than then existing facilities, (x) installations, replacements and relocations shall be located so far as practicable in the central core area of the Building, above ceiling surfaces, below floor surfaces, within perimeter walls of the Premises or otherwise in boxed enclosures, (y) all work within the Premises by Landlord, other than due to an Emergency (as hereinafter defined) or required by Law (as hereinafter defined), shall be performed at such times and in such manner, as to create the least practicable interference with Tenant’s use of the Premises and (z) no such work by ▇▇▇▇▇▇▇▇, other than due to an Emergency or required by Law, shall reduce the square footage of the floor area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant excess of two percent (both hereby agreeing to act reasonably with respect to granting such approval)2%) per floor of the Premises. “Tenant Delay” shall mean any delay Except in the commencement or completion case of the Core and Shell Work or the TI Work that results from or arises out Emergencies, ▇▇▇▇▇▇▇▇ agrees to give Tenant reasonable advance notice of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined foregoing activities which require work in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPremises.

Appears in 2 contracts

Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)

Premises. Landlord Lessor hereby leases to Lessee a portion of that certain parcel of Property, hereinafter defined, as well as antenna space on the tower, hereinafter designated as “Lessor’s Tower,” with the entirety of Lessee’s equipment and antenna space hereinafter designated as “Facility,” all as more particularly shown on Exhibit A and Exhibit A-1, attached hereto and made a part hereof; and further described as a 20’ x 30’ parcel, containing six hundred (600) square feet, with all of same being a portion of the property at ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇, Virginia. Said address is further described on ▇▇▇▇▇▇▇▇▇ County Treasurer’s Office, Real Estate Tax Statement, as Map Number and Description ▇▇ ▇▇▇ ▇▇ ▇▇. The entirety of Lessor’s property is hereinafter designated as “Property.” The portion of the Property leased to the Lessee, including any rights-of-way, is hereinafter designated as “Premises.” a. Lessor and Lessee further agree and acknowledge that the Facility noted on Exhibit A-1, attached herein and incorporated by this reference, wholly and entirely represents its final installed configuration, pursuant to this Agreement. b. The Lessee shall endeavor have the non-exclusive right for access, and ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot, or motor vehicle, to tender possession the Premises. It is further agreed, however, that only authorized engineers, employees, and/or properly authorized contractors of Lessee, or persons under their direct supervision, will be permitted to enter such Premises. Notwithstanding the foregoing, Lessor grants to Lessee, the right of access to the Premises (with and other necessary areas of the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant Property), for its permitted uses subject to the terms of and conditions noted in the Work Letter are not Substantially Complete on prime lease, license or before the Estimated Delivery Date other similar agreement with a third party (where applicable), for any reason whatsoevera particular location or site, then this Lease shall not be void which prime lease, license, or voidableother similar agreement with a third party, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed in full force and effect, with same being attached to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto this Agreement as Exhibit G; (2) Tenant’s failure C, when applicable. Lessor also grants to fulfill its obligations Lessee the easement and right to install and maintain wires, cables, conduits and pipes within, over, under or along the Property as set forth detailed in this Lease or Exhibit A. Additionally, the Work Letter (including Lessor grants to Lessee any failure to review or approve or disapprove any items in accordance with specific right of way for access, from the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability nearest public right-of materialsway, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reasonOld Cryors Road, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget Premises, as described Exhibit A. In the event any public utility is unable to Tenant use the aforementioned rights-of-way or any request by Tenant that easement, the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision Lessor hereby agrees to grant an additional right-of-way, either to the Budget Lessee or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with the public utility, at least thirty (30) days prior written notice of no cost to the date when Landlord believes the Term Commencement Date will occurLessee.

Appears in 2 contracts

Sources: Tower Site Lease Agreement, Tower Site Lease Agreement

Premises. Landlord shall endeavor hereby leases to tender possession Tenant and Tenant hereby hires from Landlord the entire eighth (8th) floor and a portion of the Premises ninth (9th) floor, as more particularly shown hatched on Exhibit 1 annexed hereto and made a part hereof (the "Premises") in the building known as ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, in the Borough of Manhattan, New York County, City and State of New York (the "Building" and, together with the Tenant Improvements and plot of land upon which such building stands, the Core and Shell Work Substantially Complete"Real Property") for a term (the "Term") to commence on the "Commencement Date" (hereinafter defined), and to end on the "Expiration Date" (hereinafter defined), both dates inclusive, unless the Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law at the "Rent" (hereinafter defined, which Rent shall also include any additional rent payable hereunder), which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, in advance, commencing on the Rent Commencement Date and on the first (1st) day of each calendar month thereafter during the Term (except as hereinafter otherwise provided), at the office of Landlord or before such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever, except that the Estimated Delivery Datefirst (1st) monthly installment of Rent shall be payable on the date hereof. If Core and Shell Work or the Rent Commencement Date (as hereinafter defined) shall occur on a date other than the first (1st) day of any calendar month, Tenant Improvements as required pursuant shall pay to Landlord, on the terms first (1st) day of the Work Letter are not Substantially Complete on or before month next succeeding the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and month during which the Term Rent Commencement Date shall not occur until Substantial Completion occur, an amount equal to such proportion of Core an equal monthly installment of Rent as the number of days from and Shell Work and including the Rent Commencement Date bears to the total number of days in said calendar month. Such payment, together with the sum paid by Tenant Improvements occurs; providedupon the execution of this Lease, however, if the satisfaction shall constitute payment of the requirements Rent for Substantial Completion of Core the period from the Rent Commencement Date to and Shell Work or including the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area last day of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) next succeeding calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurmonth.

Appears in 2 contracts

Sources: Lease Agreement (Nextvenue Inc), Assignment and Amendment of Lease (Talkpoint Communications Inc)

Premises. Landlord shall endeavor Subject to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the provisions hereof, Landlord leases to Tenant, and Tenant leases from Landlord, the Premises as designated on Exhibit A, consisting of the 6,255 RSF. Tenant agrees that, except as expressly stated herein and in the Work Letter attached hereto to this Lease, no representations or warranties relating to the condition of the Project or the Premises and no promises to alter, repair or improve the Premises have been made by Landlord. Except as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth otherwise expressly provided in this Lease or the Work Letter (including any failure attached hereto, Tenant agrees to review or approve or disapprove any items accept the Premises in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialstheir current “AS IS, components or finishes for Core WHERE IS” condition and Shell Work or the Tenant Improvements acknowledges that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or LANDLORD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, HABITABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE PREMISES OR THE INITIAL IMPROVEMENTS. Upon Tenant’s Agents that interferes with the progress taking possession of the work; (6) failure Premises for the purposes of Landlord and conducting business, the Premises, including all Initial Improvements, shall be deemed accepted by Tenant. Tenant to agree (for any reasonshall also have the nonexclusive right, provided Landlord acts in good faith and diligently to work with Tenant with respect subject to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget terms hereof, to use the Common Areas of the Project. Tenant or any request by Tenant acknowledges that the scope Project is or may become an integrated commercial real estate project including the Building, the Land and other buildings, Common Areas and land. Landlord reserves the right, in its sole discretion, at any time and from time to time, to include the Building within a project and/or to expand and/or reduce the amount of Land and/or improvements of which the Building, the Common Areas, or Project consists; to alter, relocate, reconfigure and/or reduce the Common Areas; and to temporarily suspend access to portions of the Tenant Improvements be modified in connection with Common Areas, as long as the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice Premises remain reasonably accessible and Tenant’s use of the date when Landlord believes the Term Commencement Date will occurPremises is not materially diminished.

Appears in 2 contracts

Sources: Lease Agreement (Upland Software, Inc.), Lease Agreement (Upland Software, Inc.)

Premises. (a) In consideration of the obligation of Tenant to pay Rent as herein provided, Landlord hereby lets to Tenant and Tenant takes and hires from Landlord the Premises comprised of the areas as outlined as “Leased Premises by Tenant” on Exhibits A-2 through A-13 attached hereto and made a part hereof, to have and to hold for the Term, subject to the terms, covenants and conditions of this Lease, together with, appurtenant to the Premises, the right to use in common with Landlord and other tenants, occupants and visitors to the Building, the common lobbies, hallways, loading areas, and other common areas, all as designated as “Property Common Area” on Exhibits A-2 through A-13 hereto, subject to Landlord’s reasonable rules and regulations. (b) Tenant shall endeavor also have the right to tender possession use and exclusively occupy that portion of Building 4 as outlined as “Temporary Premises” on Exhibits A-12.1 and A-12.2 hereto, and hereinafter referred to as the Temporary Premises. Until such time that Tenant vacates Building 4 in its entirety, Building 4 shall be incorporated for the purpose of this Lease as part of the Premises. (c) Tenant shall have the right to use, in common with Landlord and other tenants of the Buildings, the areas outlined as “Tenant Use Area” on Exhibits A-2 through A-13 hereto. Tenant’s use of such areas, which shall not be considered part of the Premises hereunder, shall be subject to reasonable rules and regulations determined by Landlord’ from time to time governing coordination of use by Landlord and tenants of the Buildings. It is understood that Landlord may terminate Tenant’s use of such areas by reasonable advance notice to Tenant in the event Landlord, leases such areas to another tenant. (d) Tenant shall have the right to use during the Term hereof the areas outlined as “Unrestricted Tenant Access Area” on Exhibits A-2 through A-13 hereto, together with the gas delivery area adjacent to the “CUP” identified on Exhibit A-3 hereto, for purposes of maintaining, repairing, and replacing utilities, equipment, and other facilities serving the Premises and Tenant’s operations therein, tenant shall have the right at all times to access the Unrestricted Tenant Improvements Access Area, and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease same shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area considered part of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurhereunder.

Appears in 2 contracts

Sources: Lease Agreement (Avago Technologies LTD), Lease Agreement (Cyoptics Inc)

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises as shown as attached Exhibit “A” within the Building (the Building and the lot on which it is located, the “PROPERTY”), together with the non-exclusive right with Landlord and other occupants of the Building to use all areas and facilities provided by Landlord for the use of all tenants in the Property including any lobbies, hallways, driveways, sidewalks and parking, loading and landscaped areas (the “COMMON AREAS”). Notwithstanding the foregoing, the Landlord shall endeavor complete the work described on Exhibit “A-2” necessary to tender improve the Premises (collectively, the “LANDLORD’S WORK”), as such improvements are depicted on Exhibit “A-1”. In addition the Landlord Work, Landlord shall cause additional air conditioning returns to be installed in the new offices being constructed and to relocate certain electrical outlets in accordance with Tenant’s reasonable requests. Landlord agrees at its cost and expense to complete the Landlord’s Work and to deliver possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant in a substantially completed condition and in compliance with all applicable laws and regulations. Landlord anticipates that it will substantially complete the Landlord’s Work on or before September 28,2015, If Landlord fails to complete the Estimated Delivery Date. If Core and Shell Landlord’s Work by November 1,2015, as the same may be extended for delays caused by Force Majeure or Tenant, then the Tenant Improvements as required pursuant to the terms commencement of payment of Minimum Annual Rent shall be delayed by one (1) day for each day that delivery of possession of the Premises is delayed beyond November 1, 2015, If Landlord fails to complete the Landlord’s Work Letter are not Substantially Complete on by December 1, 2015, as the same may be extended for delays caused by Force Majeure or before Tenant, Tenant shall have the Estimated Delivery Date for any reason whatsoever, then option of canceling and terminating this Lease shall not be void or voidableby giving notice in writing to Landlord at any time prior to die date on which Landlord delivers of possession of the Premises to Tenant, Landlord In the event this Lease is so terminated, Tenant shall not be liable to Tenant for Landlord on account of any loss covenant or damage resulting therefrom obligation herein contained, and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements security deposit shall be deemed refunded to occur when (as reasonably determined by Landlord) Substantial Completion Tenant. For the purposes of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvementsthis Lease, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). Tenant DelayForce Majeure” shall mean any delay in the commencement strikes, lock-outs, riots or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) other labor troubles, unavailability of materials, components a national emergency, any rule, order or finishes for Core and Shell Work regulation of governmental authorities, tornados, floods, hurricanes or other natural disaster, or Acts of God, or other similar causes not within the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.control

Appears in 2 contracts

Sources: Lease Agreement (MR2 Group, Inc.), Lease Agreement (MR2 Group, Inc.)

Premises. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion of floor 12A, as more particularly shown hatched on Exhibit 1 annexed hereto and made a part hereof (the "Premises") in the building known as ▇▇▇▇ ▇▇▇▇▇▇▇▇, in the Borough of Manhattan, New York County, City and State of New York (the "Building" and together with the plot of land upon which such building stands, the "Real Property") for a term (the "Term") to commence on the "Commencement Date" (hereinafter defined), and to end on the "Expiration Date" (hereinafter defined), both dates inclusive, unless the Term shall endeavor sooner end pursuant to tender possession any of the Premises terms, covenants or conditions of this Lease or pursuant to law at the "Rent" (with hereinafter defined, which Rent shall also include any additional rent payable hereunder), which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, in advance, commencing on the Commencement Date and on the first (1st) day of each calendar month thereafter during the Term (except as hereinafter otherwise provided), at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever, except that Tenant Improvements and shall pay the Core and Shell Work Substantially Complete) to Tenant first monthly installment on or before the Estimated Delivery Dateexecution hereof. If Core and Shell Work or the Rent Commencement Date (as hereinafter defined) shall occur on a date other than the first (1st) day of any calendar month, Tenant Improvements as required pursuant shall pay to Landlord, on the terms first (1st) day of the Work Letter are not Substantially Complete on or before month next succeeding the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and month during which the Term Rent Commencement Date shall not occur until Substantial Completion occur, an amount equal to such proportion of Core an equal monthly installment of Rent as the number of days from and Shell Work and including the Rent Commencement Date bears to the total number of days in said calendar month. Such payment, together with the sum paid by Tenant Improvements occurs; providedupon the execution of this Lease, however, if the satisfaction shall constitute payment of the requirements Rent for Substantial Completion of Core the period from the Rent Commencement Date to and Shell Work or including the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area last day of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) next succeeding calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurmonth.

Appears in 2 contracts

Sources: Lease Agreement (Intralinks Inc), Lease Agreement (Intralinks Inc)

Premises. Landlord The Premises shall endeavor be expanded to tender possession include the 11,654 rentable square feet consisting of the 21st Floor described on Exhibit A-1 hereto (“21st Floor Space”), from and after the Effective Date or such later date on which the 21st Floor Space is delivered to Tenant in the Required Condition (defined below) (“21st Floor Inclusion Date”). The Premises shall be further expanded to include (with a) the Tenant Improvements 24th Floor Space from and after the Effective Date; (b) the 11,717 rentable square feet consisting of the 22nd Floor described on Exhibit A-2 hereto (“22nd Floor Space”); and (c) the 10,866 rentable square feet consisting of the 23rd Floor described on Exhibit A-3 hereto (“23rd Floor Space”) on June 1, 2010, or such earlier date as may be consented to by Tenant, or on such later date on which the 22nd Floor Space and the Core and Shell Work Substantially Complete) 23rd Floor Space are delivered by Landlord to Tenant in the Required Condition. The date of delivery of the 22nd Floor Space and the 23rd Floor Space in the Required Condition is hereafter referred to as the “22nd and 23rd Floor Inclusion Date”. Tenant shall accept the ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ and 23rd Floor Spaces in their “as is”, “where is” condition, and “with all faults”, provided however, each of said spaces shall, on or before the Estimated Delivery Effective Date and 22nd and 23rd Floor Inclusion Date, respectively, be free of (i) all tenancies and occupants, (ii) violations that would prevent Tenant from obtaining a work permit for the performance of alterations to ready each space for occupancy, and (iii) asbestos in friable condition. If Core and Shell Work or the Tenant Improvements as required pursuant agrees that if it uncovers asbestos while making improvements to the terms spaces, and the asbestos is not in friable condition, or is or can be encapsulated, then Landlord will have no obligation to remove the asbestos. By way of example, if there is VAT tile, which is covered, or shall be covered by Tenant with other floor covering, Landlord will have no obligation to remove the VAT tile. Landlord agrees to obtain for Tenant an ACP-5 for demolition work to be performed by Tenant within each of the Work Letter 21st, 22nd and 23rd Floor Spaces upon receipt of demolition plans for such spaces. The conditions noted in (i), (ii) and (iii) above are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval‘Required Condition”). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: LANDLORD AND LANDLORD’S AGENTS HAVE MADE NO REPRESENTATION OR WARRANTY TO TENANT, EXPRESS OR IMPLIED, RESPECTING THE CONDITION OF THE SPACES LEASED OR TO BE LEASED HEREUNDER OR THE BUILDING, INCLUDING WITHOUT LIMITATION (1A) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; ANY IMPLIED OR EXPRESS WARRANTY OF QUALITY, CONDITION OR TENANTABILITY, OR (2B) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

Appears in 2 contracts

Sources: Lease (G Iii Apparel Group LTD /De/), Lease (G Iii Apparel Group LTD /De/)

Premises. Landlord shall endeavor to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) leases to Tenant on or before the Estimated Delivery Datepremises described in Section 1. If Core and Shell Work or in EXHIBIT A (the Tenant Improvements as "PREMISES"). Subject to (1) any additional work Landlord has agreed herein to do, including, without limitation, that work which Landlord is required to perform pursuant to the provisions of Section 29 below, (2) the terms and representations of this Lease, including, without limitation, those set forth in Sections 8 and 29 below, and (3) Landlord's agreement to cause the Project to comply with any notice (as defined in subclause (A) and (B) below, a "GOVERNMENTAL NOTICE") which is (A) issued either before or after the Date of this Lease by a governmental authority with jurisdiction requesting work to be performed in the Project (including any elevators and/or stairwells serving the Premises) and (B) for the purpose of causing the Project to be in compliance with a zoning, municipal, federal, county or state law, ordinance or regulation in effect as of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then date of execution and delivery of this Lease shall not be void or voidable, Landlord shall not be liable (exclusive of an order to Tenant for cause such compliance with respect to any loss or damage resulting therefrom and improvements to and/or the Term Commencement Date shall not occur until Substantial Completion use of Core and Shell Work and the Tenant Improvements occursinterior of the Premises; provided, however, that if and as long as Tenant utilizes improvements in the satisfaction Premises in the condition of such improvements existing as of the requirements for Substantial Completion Date of Core Lease without undertaking any modifications thereto, Landlord shall cause such existing improvements to comply with any such Governmental Notice), Tenant hereby accepts the Premises in their condition existing as of the date of the execution hereof, subject to all applicable zoning, municipal, county and Shell Work or state laws, ordinances and regulations governing and regulating the Tenant Improvements have been delayed use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurredexhibits attached hereto. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area The rentable square footage of the Premises shall include a portion of the common area of the Project and the occupied space located within the Project and dedicated to the service of the Project. Tenant agrees with the square footage specified for the Premises in accordance with Article 9Section 1. and will not hereafter challenge such determination and agreement. Landlord shall have the right, which calculation must be approved by Landlord and Tenant in Landlord's sole good faith discretion: (both hereby agreeing i) to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay make changes, including, without limitation, changes in the commencement or completion location, size, shape, number and appearance to the Project (excluding the Premises to the extent that size, shape, and/or location is affected) interior and exterior, including but not limited to the lobbies, windows, stairways, air shafts, elevators, restrooms, driveways, entrances, parking spaces (provided that Tenant's allotted parking spaces shall not be reduced and shall otherwise be located in similar proximity to the Premises), parking areas, loading and unloading areas, ingress, egress, direction of traffic, decorative walls, landscaped areas and walkways; (ii) to close temporarily any part of the Core Project for maintenance purposes so long as reasonable access to the Premises remains available; (iii) to designate other land and Shell Work or improvements outside the TI Work that results from or arises out of any boundaries of the following: (1) delays or failure Project to be a part of Tenant the Project, provided that such other land and improvements have a reasonable and functional relationship to deliver items in accordance with the Work Letter attached hereto as Exhibit GProject; (2iv) Tenant’s failure to fulfill its obligations as set forth in this Lease or add additional buildings and improvements to the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter)Project; (3v) delays caused by Tenant Change Order Requests to use the common areas while engaged in making additional improvements, repairs or alterations to the Project or any portion thereof; and (as defined in the Work Lettervi) to do and perform such other acts and make such other changes in, to or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the BudgetProject as Landlord may, in the exercise of sound business judgment deem to be appropriate, provided (x) on a mutually agreeable Budget within ten none of the above adversely interferes in any specific and significant manner given Tenant's actual requirement with respect to the utilization of the affected portion of the Premises for the purpose of conducting Tenant's business therein, taking into account Landlord's contractual obligations with respect to the Project, (10y) calendar days after Landlord delivers a draft Budget to Tenant or any request Tenant's obligations hereunder are not increased, (z) Tenant's rights hereunder are not decreased, and (aa) Landlord's activities shall not affect "mission critical" areas of the Premises, as such areas are identified by Tenant that the scope to Landlord promptly following receipt by Tenant of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. notice from Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurits intended activities.

Appears in 2 contracts

Sources: Standard Modified Gross Office Lease (WWW Holdings Inc), Standard Modified Gross Office Lease (Earthlink Inc)

Premises. Landlord shall endeavor Subject to tender possession and with the benefit of the Premises provisions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord, the Rentable Floor Area of Tenant's Space in the Building (hereinafter, the "Tenant's Space"), together with the Tenant Improvements and appurtenances described below. Tenant's Space as the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required same may be expanded pursuant to Exhibit R, with such appurtenances, is hereinafter collectively referred to as "the terms Premises". Tenant shall have, as appurtenant to the Premises, the right to use in common with other tenants of the Work Letter are not Substantially Complete Park, as hereinafter defined, the areas shown on or before the Estimated Delivery Date for any reason whatsoeverPlan attached hereto as part of Exhibit A as "Building Parking Area", then this Lease all subject to and as further provided in Section 10.18 hereof. Tenant shall not be void or voidablealso have, Landlord shall not be liable as appurtenant to Tenant for any loss or damage resulting therefrom the Premises, the right to use in common with others entitled thereto, subject to reasonable rules of general applicability to tenants and owners of other lots in the Term Commencement Date shall not occur until Substantial Completion of Core park, commonly known and Shell Work referred to as the Bedford Wood▇ ▇▇▇ice Park and shown on the Tenant Improvements occurs; provided, however, if the satisfaction Plan of the requirements for Substantial Completion Park attached hereto as part of Core and Shell Work or Exhibit A (the Tenant Improvements have been delayed "Park") from time to time made by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9Section 6.1.4 of which Tenant is given written notice: (a) the common areas now or hereafter located at the Park (the "Common Areas"), which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in including, without limitation, the commencement or completion Common Areas shown on the Plan of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter Park attached hereto as Exhibit G; A, as such Common Areas may be amended or modified by Landlord from time to time during the Term hereof provided however that (2i) any amendments or modifications to such Common Area will not materially adversely effect Tenant’s failure 's ability to fulfill its obligations as set forth in this Lease or access the Work Letter Premises (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3ii) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to will provide Tenant with at least thirty (30) days prior written notice thereof and (iii) provided further that any such amendments or modifications to the Common Areas are reasonably functionally equivalent to the portion of the date when Landlord believes Common Areas that they amend or replace, (b) all rights of ingress and egress to and from the Term Commencement Date will occurBuilding and to and from the Park, all service areas, drainage structures and areas for surface water runoff, including, without limitation, storm drainage systems, ground water recharge areas and detention areas, (c) all driveways, roadways, sidewalks and footways and lighting systems, (d) all parking areas designated as common or visitors parking areas for use of the entire Park, if any, (e) all other rights appurtenant to the Lot and the Building, and (f) all utility lines, electricity, water and sewage disposal pipes and structures.

Appears in 2 contracts

Sources: Lease Agreement (Rsa Security Inc/De/), Lease Agreement (Rsa Security Inc/De/)

Premises. (a) Landlord shall endeavor leases to tender possession Tenant, and Tenant leases from Landlord, Suite No. 160, which the parties stipulate and agree is five thousand one hundred and ninety-eight (5,198) rentable square feet (“RSF”) shown on the space plan attached hereto as Exhibit “A” (“Premises”), located in the building and common areas (collectively, the “Building”) at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Wilmington, Delaware, which Building is comprised of 104,761 leasable square feet as of the Premises Effective Date. (with 1) Subject to (b) (2), Landlord shall, at its sole expense, keeping the Tenant Improvements existing ceiling grid, ceiling tiles and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant lighting in place to the terms extent possible, repaint the Premises in colors of Tenant’s choice, shampoo/patch the carpeting as needed and otherwise perform any changes to the Premises as noted in the space plan attached hereto as Exhibit “A” provided that in the event Landlord is unable to reutilize the existing glass walls, same shall be replaced with standard hard walls, all of the foregoing utilizing building standard materials and finishes where not specified otherwise (collectively, the “Landlord’s Work”). Landlord may complete the Landlord’s Work Letter are not Substantially Complete on or before after the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date (and shall do so outside of Building Hours to the extent commercially reasonable and in any event in a manner that does not occur until Substantial Completion of Core and Shell Work and unreasonably obstruct Tenant from using the Tenant Improvements occurs; providedPremises for ordinary office purposes), however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when but in no event more than one hundred twenty (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30120) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9Lease Commencement Date, which calculation must deadline (the “Landlord Work Deadline”) shall be approved by Landlord and extended as necessary due to any Force Majeure (as hereinafter defined) or Tenant Delay (both hereby agreeing to act reasonably with respect to granting such approvalas hereinafter defined). “Tenant Delay” shall mean means any delay in the commencement or completion delays as a result of the Core and Shell Tenant’s requests to modify Landlord’s Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; under subsection (2) below and/or Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance cooperate reasonably with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work reasonable efforts to complete the Landlord’s Work. If any material revision or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenantsupplement to Landlord’s Agents that interferes with the progress of the work; (6) failure of Landlord Work is deemed necessary by Landlord, those revisions and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget supplements shall be submitted to Tenant for approval, which approval shall not be unseasonably withheld or any request delayed. In the event such revisions or supplements to Landlord’s Work impact completion of Landlord’s Work by the Landlord Work Deadline and/or obstruct Tenant that from using the scope of Premises for ordinary office purposes, the Tenant Improvements Fixed Rent Grace Period shall be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurappropriately extended.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Alliance Data Systems Corp)

Premises. The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, for the Term, the Premises comprised of the space illustrated on Exhibit C-1, in its current as-is condition, except for (i) completion of work required by Landlord to fulfill Landlord’s obligations as outlined in the Tenant/Landlord Responsibility Matrix attached hereto as Exhibit D provided the parties acknowledge and agree that Landlord’s Work shall proceed concurrently with the construction of Tenant’s Work (to the extent that such Landlord’s Work does not materially interfere with the construction of Tenant’s Work); (ii) demolition and disposal of the existing improvements in the Premises, (iii) installation of a new centralized lab-ready base building HVAC system, delivery of mechanical electrical, life safety and plumbing systems serving the Premises in good operating condition and repair, and (iv) refurbish the existing common area locker and common shower room on the first floor of the Building (all work described in (i) — (iv) above, collectively, the “Landlord’s Work”) subject to the exclusion herein below set forth in this Section 2.1, Landlord’s reservations set forth in Section 2.3, such easements, covenants and restrictions as may affect the Property and the terms and conditions of this Lease . Landlord shall endeavor to tender possession perform the Landlord’s Work in a good and workmanlike manner, free from faults and defects, in compliance with all applicable federal, state and local laws, rules and regulations. Landlord shall complete the Landlord’s Work in a timely and diligent manner and in accordance with the Construction Schedule set forth at Exhibit M, and with the completion of the Premises Landlord’s Work scheduled to occur no later than May 31, 2018 (with the “Landlord’s Work Target Date”). In the event that Landlord has not completed Landlord’s Work by July 15, 2018 (the “Initial Delivery Deadline”), subject in each case to extension for each day of Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required Delay pursuant to the terms Work Letter, Tenant shall be entitled to one (1) day of abatement of Annual Fixed Rent for each day of such delay. Completion of Landlord’s Work shall be achieved when such work is complete except for Punch List (as defined below) items that do not adversely affect Tenant’s Use and occupancy of the Premises, all utilities, building systems and equipment, including without limitation the HVAC systems and components, are in good working order and Landlord has received a certificate of occupancy from the applicable authority of the City of Cambridge for Landlord’s Work Letter are (excluding the Tenant Improvements). In the event that Landlord has not Substantially Complete on or before completed Landlord’s Work within forty-five (45) days after the Estimated Initial Delivery Date Deadline, then Tenant shall be entitled to two (2) days of abatement of Annual Fixed Rent for any reason whatsoevereach day of such delay. In the event that Landlord has not completed Landlord’s Work within one hundred thirty-five (135) days after the Initial Delivery Deadline (herein, the “Outside Delivery Deadline”), subject to extension for each day of Tenant Delay pursuant to the Work Letter, this Lease may be terminated by Tenant, effective upon written notice delivered to Landlord no later than the date that is ten (10) days after such Outside Delivery Deadline. If Tenant has not delivered such written notice of termination to Landlord within such required time period, then this Lease shall not remain in full force and effect. If Tenant delivers such written notice of termination within such required time period, then the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be void returned to Tenant, and neither Landlord nor Tenant shall have any further rights, duties or voidableobligations under this Lease, except any provisions which expressly survive termination of this Lease. Landlord shall not be liable use good faith efforts to Tenant for any loss or damage resulting therefrom ensure, and cause Contractor to ensure, that completion of the Term Commencement Date Landlord’s Work shall not occur until Substantial Completion of Core and Shell Work and interfere with the Tenant Improvements occurs; provided, however, if the satisfaction ongoing construction of the Initial Leasehold Improvements. See Section 4.5 herein for additional requirements for Substantial Completion governing the Landlord’s Work. On or before the anticipated Rent Commencement Date, Tenant or Tenant’s representative shall conduct an inspection of Core and Shell the Premises with Landlord or Landlord’s representative to develop a punch list of all Landlord’s Work items which are not complete or which require correction (the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and “Punch List”). Landlord shall complete and/or correct all items on the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within Punch List within thirty (30) days after Substantial Completion Landlord receives the Punch List and shall give Tenant written notice when all of Core and Shell Work and the Tenant Improvementsitems on the Punch List have been completed and/or corrected. Landlord warrants, for a period of one year from the date of completion of Landlord’s architect Work as provided in this Section, that Landlord’s Work shall calculate be constructed (i) in a good and certify workmanlike manner and with all utilities, building systems and equipment, including without limitation the HVAC systems and components, in writing good working order (such warranty shall be exclusive of equipment warranties provided directly by manufacturers for equipment to Landlord and Tenant the Rentable Area of be installed within the Premises as provided below), (ii) in accordance compliance with Article 9applicable legal requirements, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1iii) delays or failure of Tenant to deliver items substantially in accordance with the plans and specifications therefor (collectively, “Landlord’s Warranty”). Tenant shall have one year after the date of completion of Landlord’s Work Letter attached hereto as Exhibit G; provided in this Section within which to notify Landlord of any breach of Landlord’s Warranty (2) a “Construction Defect”). Within 30 days after delivery Tenant’s failure notice of any such Construction Defect, Landlord shall remedy or cause the responsible contractor to fulfill its obligations as set forth remedy any such Construction Defect within a reasonable time. Tenant shall be entitled to receive the benefit of all construction warranties and manufacturer’s equipment warranties relating to equipment installed in this Lease or the Work Letter (including Premises. If requested by Tenant, Landlord shall attempt to obtain extended warranties from manufacturers and suppliers of such equipment, but the cost of any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused such extended warranties shall be borne by Tenant Change Order Requests (as defined in or payable out of the Work Letter) or TI Tenant Change Order Requests LIA (as defined in the Work Letter); (4) unavailability . Tenant shall further be subject to any easements, covenants and/or restrictions or other matters of materials, components or finishes for Core and Shell Work or record encumbering the Tenant Improvements Park provided that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission any such matters of Tenant or record arising after the date hereof do not prohibit Tenant’s Agents that interferes with the progress use and occupancy of the work; (6) failure Premises for the Permitted Use or materially and adversely affect Tenant’s rights under this Lease. The Tenant acknowledges that, except as expressly set forth in this Lease, there have been no representations or warranties made by or on behalf of the Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget Premises, the Building or the Property or with respect to Tenant or the suitability of any request by Tenant that of them for the scope conduct of the Tenant Improvements be modified Tenant’s business or activities. The Premises shall exclude common areas and facilities of the Property, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, first floor elevator lobby and lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinklers, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in connection with common other parts of the Budget; or (7) delays caused by Building. If the Premises at any revision to time includes less than the Budget or TI Tenant Change Order Requestentire rentable floor area of any floor of the Building, the Premises shall also exclude the common corridors, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor. Landlord shall endeavor be delivering the Premises in good faith “as is” condition at the Commencement Date of the Lease. Prior to the Commencement Date, Landlord shall provide Tenant with at least thirty (30) days prior written notice evidence of the date when decommissioning of the Premises by the prior tenant. Landlord believes represents and warrants to Tenant that, to the Term Commencement Date will occurbest of Landlord’s current knowledge, information, and belief, (a) the Building and the Premises are in material compliance with all applicable zoning, land use and environmental laws and agreements, the Americans with Disabilities Act of 1990, as amended, and the requirements of all easement and encumbrance documents and Landlord covenants to keep the Building in compliance throughout the Term; (b) Landlord holds the tenant’s interest under the Ground Lease (as such term is defined in Section 12.14), subject to no mortgage other than the current mortgage to CIGNA; (c) Landlord has full power and authority to enter into this Lease and has obtained all consents and taken all actions necessary in connection therewith; and (d) no other party has any possessory right to the Premises or has claimed the same.

Appears in 2 contracts

Sources: Lease Agreement (Fulcrum Therapeutics, Inc.), Lease Agreement (Fulcrum Therapeutics, Inc.)

Premises. In consideration of the rent and other agreements contained in this Lease, Landlord shall endeavor leases to tender possession Tenant and Tenant rents from Landlord the premises (hereinafter the "Premises") described as follows: A retail store space numbers 214, 216, and 218 containing approximately 6,000 square feet within the Peabody Place Centre (hereinafter the "Shopping Center"), municipally described as Peabody Place Retail/Entertainment Development, in Memphis, Tennessee. The Premises are designated on Exhibit A hereto for the purpose of setting forth the configuration and approximate location of the Premises within the Shopping Center Site (the "Shopping Center Site" being defined to include all property shown on Exhibit A hereto). The Premises shall be improved or otherwise prepared for occupancy by Tenant in accordance with the Tenant Improvements Exhibit C which sets out any work improvements to be implemented by Landlord and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, howevercost, if any, to Tenant. In the satisfaction absence of the any specific requirements for Substantial Completion of Core and Shell Work or the set forth on Exhibit C, Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (have accepted the Premises "as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within is", except for any items specified on a punch list delivered to Landlord within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area possession of the Premises in accordance with Article 9is delivered to Tenant. Notwithstanding the foregoing, which calculation must Tenant shall not be approved by deemed to have waived its right to require Landlord and to correct any latent defects as long as Tenant (both hereby agreeing gives notice thereof to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in Landlord on the commencement or completion earlier of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice after discovery of the defect or thirty (30) days after the date when Tenant should have been alerted to the existence thereof had Tenant acted reasonably, provided such notice must be provided in any event within one (1) year after delivery of possession of the Premises, Landlord believes covenants and agrees to (i) deliver the Term Commencement Date will occurPremises in compliance with legal, code and zoning requirements exclusive of any such requirements relating to Tenant's Work including, but not limited to, building or occupancy permits, (ii) deliver the utility systems to the Premises as specified in Exhibit C in good working order, and (iii) deliver the rough shell building in good condition and repair, free of any asbestos. Tenant shall use commercially reasonable efforts to submit plans and specifications for Tenant's Work to Landlord for its approval, which shall not be unreasonably withheld, on or before [***]. Landlord shall approve such plans and specifications or provide specific objections thereto within [***] days after their receipt. Landlord acknowledges that Tenant's prototype design plan for its store incorporates the open storefront element into the design of the Premises provided that Tenant constructs such portion (and all portions) of Tenant's Work in compliance with applicable law, Exhibit C of this Lease, and pursuant to plans and specifications approved in advance by Landlord.

Appears in 2 contracts

Sources: Retail Lease Agreement (Silicon Entertainment Inc /Ca/), Retail Lease Agreement (Silicon Entertainment Inc /Ca/)

Premises. Landlord shall endeavor has heretofore obtained a long-term ground lease covering that certain tract of real property situated in the University of Utah Research Park in Salt Lake City, State of Utah, more particularly described in Exhibit "B" attached hereto, together with certain easement for access rights. (Said tract is hereinafter referred to tender possession as the "Property"). Landlord owns a building on the Property referred to in Section 1.01 (H) (hereinafter the "Building") suitable for use as office research and development space, together with related parking facilities and other improvements necessary to enable to the Building to be so used (the Building and related facilities and improvements are hereinafter collectively referred to as the "Improvements"). In consideration for the rent to be paid and covenants to be performed by Tenant, Landlord hereby leases to Tenant, and Tenant leases from Landlord for the Term and upon the terms and conditions herein set forth premises described in Section 1.01(I) (hereinafter referred to as the "Premises" or "Leased Premises"), located in the Building. Gross rentable area measurements herein specified are from the exterior of the perimeter walls of the building to the center of the interior walls. In addition, the factor set forth in Section 1.01 (1) has been added to the area as measured above to adjust for Tenant's proportionate share of common hallways, restrooms, elevators, stairways, etc. in the building. The exterior walls and roof of the Premises (and the areas beneath said Premises are not demised hereunder, and the use thereof together with the Tenant Improvements right to install, maintain, use, repair, and the Core replace pipes, ducts, conduits, and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of wires leading through the Premises in accordance locations which will not materially interfere with Article 9, which calculation must Tenant's use thereof and serving other parts of the building or buildings are hereby reserved to Landlord. Landlord reserves (a) such access rights through the Premises as may be approved reasonably necessary to enable access by Landlord subject to reasonable notice to Tenant to the balance of the building and reserved areas and elements as set forth above; and (b) the right to install or maintain meters on the Premises to monitor use of utilities. In exercising such rights, Landlord will use reasonable efforts so as to not commit waste upon the Premises and as far as practicable to minimize annoyance, interference or damage to Tenant (both hereby agreeing when making modifications, additions or repairs. Subject to act reasonably the provisions of Article VIII, Tenant and its customers, agents and invitees have the right to the non-exclusive use, in common with others of such unreserved automobile parking spaces, driveways, footways, and other facilities designated for common use within the Building, except that with respect to granting such approval). “non-exclusive automobile parking spaces, Tenant Delay” shall mean any delay cause its employees to park their cars only in the commencement or completion of the Core and Shell Work or the TI Work areas specifically designated from time to time by Landlord for that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Requestpurpose. Landlord shall endeavor have the right to designate, in good faith its sole business judgment, certain spaces as "customer" parking spaces and Tenant shall use its best efforts to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurcause its employees not to park in said customer parking.

Appears in 2 contracts

Sources: Lease Agreement (Medibuy Com Inc), Lease Agreement (Medibuy Com Inc)

Premises. (a) Landlord, in consideration of the rents to be paid and covenants and agreements to be performed by Tenant, does hereby lease unto Tenant premises comprised of approximately 20,000 square feet of leasable space (the "Premises") in the shopping center owned by Landlord shall endeavor to tender possession containing approximately 230,000 square feet of leasable space on approximately 25 acres and commonly known as Chagrin Highlands, in the City of Cleveland, County of Cuyahoga and State of Ohio (the "Center"). The location, size, and area of the Premises and of the Center as of the Commencement Date (with defined below) will be substantially as shown on Exhibit "A" attached hereto and made a part hereof (the "Site Plan"). A legal description of the Center is attached hereto as Exhibit "B" and made a part hereof. (b) The square footage specified in Section 1(a) shall be certified to Tenant Improvements by Landlord's architect prior to the Rent Commencement Date (defined in Section 3(b) below). Tenant shall have ninety (90) days from the receipt of such certification to verify or object to Landlord's measurement. If Tenant objects to Landlord's measurement within said ninety (90) day period, the parties shall work together in good faith to resolve the differing square footage calculations. In computing the square footage of the Premises, the Premises shall be measured from the exterior surface of exterior walls and the Core middle of interior walls, excluding the square footage of any mechanical and Shell Work Substantially Complete) to Tenant on or before utility rooms, escalators, elevators, stairs and any other common area space located within the Estimated Delivery DatePremises. If Core the square footage of the Premises as verified and Shell Work or the confirmed by Tenant Improvements as required pursuant to this Section 1(b) is less than the terms of size specified in Section 1(a), Base Rent (defined in Section 4(a) below) and other charges shall be proportionately adjusted, but the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease foregoing shall not be void construed as permitting a material variance in dimensions or voidable, area. (c) Landlord shall not be liable to Tenant for any loss covenants that the Center is or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items developed in accordance with the Work Letter attached hereto Site Plan and that it shall be used as Exhibit G; a retail shopping center throughout the term of this Lease. Landlord shall not take or consent to any action which materially adversely affects access to, visibility of, parking for or use of the Premises. Notwithstanding the foregoing, no modification or replacement to the Center shall (2i) Tenant’s failure reduce the ratio of parking spaces (for standard size American cars) to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined gross leasable area of buildings in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; Center below five (5) a willful spaces per 1,000 square feet of leasable space, (ii) alter or negligent act make any changes, including any reduction or omission rearrangement of parking spaces, to that portion of the Center indicated on the Site Plan as the "Protected Area", (iii) interfere with truck access to the loading doors of the Premises, (iv) materially adversely interfere with customer access to the Premises, (v) materially adversely interfere with the visibility of the Premises from the roads providing direct access to the Center, or (vi) result in the construction of any buildings in the area designated "No Build Area" on the Site Plan. In performing any construction work, repairs or maintenance in the Center permitted under this Lease after Tenant has taken physical possession of the Leased Premises, Landlord shall use good faith, commercially reasonable efforts to prevent any interference with parking for, access to or visibility or use of the Premises or the business of Tenant or any subtenant or licensee of Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.

Appears in 2 contracts

Sources: Lease (Retail Ventures Inc), Lease (DSW Inc.)

Premises. Landlord shall endeavor to tender possession In consideration of the Premises (agreements, terms, covenants, conditions, requirements, provisions and restrictions to be kept, observed, performed, satisfied and complied with by Tenant, and of the Tenant Improvements Minimum Rent specified and the Core provided for in this Lease, and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to upon the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableand conditions herein stated, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom hereby lets, leases and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provideddemises unto Tenant, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant hereby leases, takes and accepts from Landlord, the Rentable Area of the Premises in accordance with Article 9Premises, which calculation must be approved without any representation or warranty (expressed or implied) by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto except as Exhibit G; (2) Tenant’s failure to fulfill its obligations as explicitly set forth in this Lease or Lease, subject to the Work Letter following: (including any failure to review or approve or disapprove any items a) Landlord's written approval, in Landlord's sole discretion, of (x) all plans and specifications for the construction of the Improvements and the installation of the Furnishings, and (y) the construction of the Improvements and the installation of the Furnishings, all in accordance with this Lease; (b) All applicable Laws, Project Requirements, the Work Letter); Operating Conditions, Rules and Regulations, and all building and zoning ordinances; (3c) delays caused All easements, encumbrances and other matters of record; (d) All encroachments, overlaps, lot ties, boundary line disputes or other matters which would be disclosed by Tenant Change Order Requests (as defined in the Work Letter) an accurate survey or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress inspection of the workPremises or a review of title matters affecting the Site; and (6e) failure of Landlord All terms and conditions set forth in this Lease. Tenant acknowledges that prior to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect or subsequent to the Budget) on Execution Date, Landlord and/or Landlord's Affiliates may subdivide the Project and/or enter into lot tie agreements, easements or other matters affecting the Site. This Lease shall at all times be subject and subordinate to all such subdivisions, lot ties, easements or other matters affecting the Site. As a mutually agreeable Budget within ten (10) calendar days after condition to entering into this Lease, Tenant agrees and acknowledges that Tenant and any subtenants and/or assignees shall execute any and all documents required by Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with such subdivision, lot tie, easement or other matter affecting the Budget; Site. If any such party fails to execute any such agreement upon request, Landlord may execute such agreement on behalf of such party. In addition, Tenant agrees to use its best efforts to ensure that Tenant's lenders or (7) delays caused creditors, and the lenders or creditors of any subtenant and/or assignee, execute any and all documents reasonably required by any revision to Landlord in connection with such subdivision, lot tie, easement or other matter affecting the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurSite.

Appears in 2 contracts

Sources: Lease Agreement (Build a Bear Workshop Inc), Lease Agreement (Build a Bear Workshop Inc)

Premises. Landlord shall endeavor hereby leases to tender possession Tenant, and Tenant hereby leases from Landlord, on the terms and conditions set forth herein, the space outlined on the attached Exhibit A (the “Premises”). The Premises are located on the floor(s) specified in Paragraph 2 below of the building (the “Building”) located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇. The Building, the parcel(s) of land (the “Land”) on which the Building is located and the other improvements on the Land (including the walkways and landscaping) are referred to herein as the “Real Property.” The Real Property is a part of the office, retail and garage project commonly known as Market Square (the “Project”). The Project includes the ▇▇▇▇▇▇▇▇▇ Building (defined in Section 4.g below), but the ▇▇▇▇▇▇▇▇▇ Building is not included in the Real Property for purposes of this Lease. Tenant’s lease of the Premises (shall include the right to use, in common with others and subject to the Tenant Improvements other provisions of this Lease, the public lobbies, entrances, stairs, elevators and other public portions of the Building, as well as the common areas of the other portions of the Project that are pertinent to Tenant’s occupancy or use of, or access to, the Premises and the Core Parking Facility (as defined in Paragraph 53 below) (collectively, the “Common Areas”). Tenant shall comply with all recorded covenants, conditions and Shell Work Substantially Completerestrictions (“CC&R’s”) currently or hereinafter affecting the Project and agrees that this Lease shall be subject and subordinate thereto; provided, however, that Tenant will not be required to comply with, and this Lease will not be subordinate to, any CC&R’s created after the Effective Date which have a materially adverse affect on Tenant’s use of or access to the Premises or Parking Facility, materially increase Tenant’s obligations hereunder or materially diminish Tenant’s rights hereunder, unless the same are mandated by law. Except to the extent that Tenant on is granted the right to the use of an allocation of conduits or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required riser space pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverthis Lease, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction all of the requirements windows and outside walls of the Premises and any space in the Premises used for Substantial Completion of Core and Shell Work shafts, stacks, pipes, conduits, ducts, electrical equipment serving the Building generally or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing other utilities or Building facilities are reserved solely to Landlord and Tenant Landlord shall, subject to the Rentable Area provisions of Paragraph 23 below, have rights of access through the Premises in accordance with Article 9for the purpose of operating, which calculation must be approved by Landlord maintaining and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in repairing the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occursame.

Appears in 2 contracts

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

Premises. Landlord shall endeavor to tender possession (a) Effective as of December 1, 2009 (the “Expansion Effective Date”), the Premises, as defined in the Lease, is increased from approximately Nine Thousand One Hundred Seventy-Two rentable square feet on the Tenth (10th) Floor of the Building to approximately Twelve Thousand Five Hundred Forty-Eight (12,548) rentable square feet on the Tenth (10th) Floor of the Building by the addition of the Expansion Premises. From and after the Expansion Effective Date, all references to the Premises (with in the Tenant Improvements Lease shall mean, collectively, the Existing Premises and the Core Expansion Premises. The Term for the Expansion Premises shall commence on the Expansion Effective Date and Shell Work Substantially Complete) to Tenant end on or before the Estimated Delivery Extended Termination Date. If Core and Shell Work or the Tenant Improvements as required , unless sooner terminated pursuant to the terms of the Work Letter Lease. The Expansion Premises is subject to all the terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions granted with respect to the Existing Premises unless such concessions are not Substantially Complete expressly provided for herein with respect to the Expansion Premises. (b) Notwithstanding anything to the contrary set forth in Paragraph 3(a) above, if Landlord fails to deliver Tenant possession of the Expansion Premises on or before the Estimated Delivery Expansion Effective Date for any reason whatsoeverreason, then this Lease shall not be void or voidableincluding without limitation, holdover by prior occupants, Landlord shall not be liable to Tenant for any loss claims, damages or damage resulting therefrom and liabilities as a result thereof, but the Term Commencement Expansion Effective Date shall not occur until Substantial Completion be delayed to be the date upon which Landlord delivers possession of Core and Shell Work and the Tenant Improvements occursExpansion Premises to Tenant. Should the Expansion Effective Date be a date other than the date set forth in Paragraph 3(a), either Landlord or Tenant, at the request of the other, shall execute a declaration specifying the Expansion Effective Date; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth execute, or request execution of, such declaration shall not in this Lease or any way alter the Work Letter (including any failure to review or approve or disapprove any items in accordance with Expansion Effective Date. If the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in Expansion Effective Date is delayed the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements Extended Termination Date shall not be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occursimilarly extended.

Appears in 2 contracts

Sources: Lease Agreement (Adamas Pharmaceuticals Inc), Lease Agreement (Adamas Pharmaceuticals Inc)

Premises. Landlord Lessor hereby leases unto Lessee the Premises, together with the benefit of, and subject to (as the case may be) all rights, easements, covenants, conditions, encumbrances, encroachments and restrictions of record as of the date of this Lease. Lessor shall endeavor have the right, without the necessity of obtaining Lessee’s consent thereto or joinder therein, to tender possession grant, permit, or enter into during the term of this Lease such additional rights, easements, covenants, conditions, encumbrances, encroachments and restrictions with respect to the Land as Lessor may deem appropriate, provided that no such rights, easements, covenants, conditions, encumbrances, encroachments or restrictions shall materially affect Lessee’s use of the Premises (with for the Tenant Improvements Permitted Use. Lessor further hereby reserves the right to install, maintain, use, repair and replace pipes, ducts, wires, meters and any other equipment, machinery, apparatus and fixtures located within the Core Premises and Shell Work Substantially Complete) serving other parts of the Building, provided that reasonable advance notice thereof is given to Tenant on or before Lessee and that the Estimated Delivery Dateexercise of such rights shall not materially affect Lessee’s use of the Premises for the Permitted Use. If Core Lessee, its employees and Shell Work or the Tenant Improvements as required pursuant invitees shall have access to the terms Premises twenty-four (24) hours per day, seven (7) days per week, subject to Lessor’s reasonable security procedures. Lessee shall be permitted to operate its business in the Premises outside of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when Building hours (as reasonably determined by Landlord) Substantial Completion set forth in Paragraph l of Core Exhibit D attached hereto), but Lessee shall pay to Lessor, as Additional Rent, the cost of supplying HVAC and Shell Work other services to the Premises, as described on Exhibit D at times other than such Building hours in the event that Lessee requests HVAC or other such services outside of Building hours, such payment to be due and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within payable no later than thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing Lessor gives written notice to Landlord and Tenant the Rentable Area Lessee of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting amount of such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurcharges.

Appears in 2 contracts

Sources: Lease (Aura Biosciences, Inc.), Lease (Aura Biosciences, Inc.)

Premises. Landlord shall endeavor to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant Subject to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableLease, Landlord shall not be liable leases to Tenant for any loss or damage resulting therefrom and Tenant leases from Landlord the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction entirety of the requirements for Substantial Completion of Core and Shell Work or the Premises. Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of accepts the Premises in accordance with Article 9its “AS IS” condition, which calculation must be approved without relying on any representation, covenant or warranty by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto other than as Exhibit G; (2) Tenant’s failure to fulfill its obligations as expressly set forth in this Lease or Lease. Prior to the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialsCommencement Date, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure representatives of Landlord and Tenant shall conduct a walk-through of the Premises at a mutually convenient time to determine if any Building Systems are not working. If any Building Systems are not working at such time, then Landlord shall promptly repair the same at Landlord’s expense. Landlord and Tenant (a) acknowledge that all square foot measurements are approximate and (b) stipulate and agree (to the rentable square footages set forth in Sections 1(c) above for any reason, provided Landlord acts in good faith and diligently to work with Tenant all purposes with respect to this Lease. Landlord shall: (i) remove all debris and fencing from the Budgetparking lot located on the Land, (ii) improve the parking lot with slurry seal on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope asphalt area and new striping of the Tenant Improvements be modified asphalt and concrete areas, which shall result in connection with approximately three (3) parking spaces per each 1,000 square feet of the BudgetBuilding; and (iii) construct a trash enclosure, and (iv) complete any other work or (7) delays caused by any revision improvements to the Budget or TI Tenant Change Order RequestPremises required by the City of Sunnyvale pursuant to the necessary permit to complete the trash enclosure (collectively, the “Landlord’s Work”). Landlord’s Work shall be completed in accordance with all Laws and regulations of the City of Sunnyvale, and shall be at Landlord’s cost. Landlord shall endeavor in good faith use commercially reasonable efforts to provide Tenant with at least thirty complete items (30i) days prior written notice and (ii) by August 1, 2016 and items (iii) and (iv) by September 1, 2016. Each of the date when parking spaces striped by or on behalf of Landlord believes shall be legally compliant parking spaces. The kitchen appliances listed in Exhibit H hereto shall remain within the Term Premises for Tenant’s use. Furthermore, all data wiring serving the Premises and existing prior to the Commencement Date will occur(the “Cabling”) shall remain intact and in place, and Tenant shall have the right to use such Cabling during the Term, but any changes to the Cabling shall be at Tenant’s sole expense. Landlord represents and warrants that to Landlord’s actual knowledge, the Premises is compliant with all Laws, except for the need for a trash enclosure if the user of the Building does not compost all of its waste.

Appears in 2 contracts

Sources: Lease (JFrog LTD), Lease Agreement (JFrog LTD)

Premises. Landlord shall endeavor to tender possession (a) Effective as of the Premises (with date of the full execution of this Amendment and continuing during the construction of the 250 Tenant Improvements and until the Core and Shell Work Substantially Completedate which is three (3) business days following the Suite 250 Expansion Date (the “Temporary Space Term”), Tenant shall have the right to occupy temporary space consisting of 1,598 rentable square feet in the Building currently known as Suite 190, as shown on Exhibit A, attached hereto (for the purposes of this paragraph 2(a) the “Temporary Space”). Tenant acknowledges that for the purposes of this paragraph 2(a) Tenant accepts the Temporary Space in its current as-is condition, without any obligation on or before the Estimated Delivery Datepart of Landlord to prepare the Temporary Space for Tenant’s temporary occupancy. If Core and Shell Work or During the Tenant Improvements as required pursuant Temporary Space Term, the Temporary Space shall be subject to all the terms of and conditions as would apply if the Work Letter are not Substantially Complete on or before Temporary Space were included in the Estimated Delivery Date for any reason whatsoeverPremises demised by the Lease, then this Lease except that Tenant shall not be void required to pay Base Rent or voidable, Landlord shall not be liable Additional Rent with respect to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Temporary Space. (b) Effective as of the date of Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the 250 Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting as such approval). “Tenant Delay” shall mean any delay term is defined in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; B, in the Suite 250 only (2the “Suite 250 Expansion Date”), the Premises shall be further expanded to include an additional 4,797 rentable square feet in the Building known as Suite 250, as shown on Exhibit C, attached hereto, (the “Suite 250 Expansion Premises”) Tenant’s failure for a total of 18,900 rentable square feet. Subject to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests Delay (as such term is defined in the Work LetterLetter attached hereto as Exhibit B) and delays caused by events of force majeure, the Landlord shall use commercially reasonable efforts to substantially complete the Tenant Improvements in the Suite 250 Expansion Premises no later than the date which is one hundred thirty five (135) days following the date of full execution of this Amendment (the “250 Target Completion Date”). If the Suite 250 Expansion Date has not occurred on or TI before on or before the date which is one hundred ninety-five (195) days following the date of full execution of this Amendment (the “250 Outside Date”) and such delay was not caused by a Tenant Change Order Requests Delay or an event of force majeure, the Tenant shall, as its sole and exclusive remedy, receive one (1) day of abated Base Rent for the Suite 250 Expansion Premises only for each day between the 250 Outside Date and the Suite 250 Expansion Date. Within three (3) business days following substantial completion of the 250 Tenant Improvements, Tenant will surrender the Temporary Space to Landlord so that Landlord can perform the 190 Tenant Improvements (hereinafter defined). From and after the Suite 250 Expansion Date, the term Premises shall include the Suite 250 Expansion Premises unless the context requires otherwise. (c) Effective as of the date of Substantial Completion of the 190 Tenant Improvements, in accordance with and as such term is defined in the Work LetterLetter attached hereto as Exhibit B, in the Suite 190 Premises only (the “Suite 190 Expansion Date”); , the Premises shall be further expanded to include an additional 1,598 rentable square feet in the Building known as Suite 190, as shown on Exhibit A, attached hereto, (4the “Suite 190 Expansion Premises”) unavailability for a total of materials20,498 rentable square feet. Subject to Tenant Delay (as such term is defined in the Work Letter attached hereto as Exhibit B) and delays caused by events of force majeure, components or finishes for Core and Shell Work or the Landlord shall use commercially reasonable efforts to substantially complete the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; in the Suite 190 Expansion Premises no later than the date which is one hundred thirty five (5135) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with days following the progress expiration of the work; Temporary Space Term (6the “190 Target Completion Date”). If the Suite 190 Expansion Date has not occurred on or before on or before the date which is one hundred ninety-five (195) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to days following the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope expiration of the Tenant Improvements be modified in connection with Temporary Space Term (the Budget; or (7“190 Outside Date”) delays and such delay was not caused by any revision to a Tenant Delay or an event of force majeure, the Budget or TI Tenant Change Order Requestshall, as its sole and exclusive remedy, receive one (1) day of abated Base Rent for the Suite 190 Expansion Premises only for each day between the 190 Outside Date and the Suite 190 Expansion Date. Landlord From and after the Suite 190 Expansion Date, the term Premises shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of include the date when Landlord believes Suite 190 Expansion Premises and the Term Commencement Date will occurSuite 250 Expansion Premises unless the context requires otherwise.

Appears in 1 contract

Sources: Office Lease (G1 Therapeutics, Inc.)

Premises. Landlord Lessor hereby leases to Lessee a portion of that certain parcel of Property, hereinafter defined, as well as antenna space on the tower, hereinafter designated as “Lessor’s Tower,” with the entirety of Lessee’s equipment and antenna space hereinafter designated as “Facility,” all as more particularly shown on Exhibit A and Exhibit A-1, attached hereto and made a part hereof; and further described as a 20’ x 30’ parcel, containing six hundred (600) square feet, with all of same being a portion of the property at ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇. Said address is further described on Dinwiddie County Treasurer’s Office, Real Estate Tax Statement, as Map Number and Description 52 35B RT 40. The entirety of Lessor’s property is hereinafter designated as “Property.” The portion of the Property leased to the Lessee, including any rights-of-way, is hereinafter designated as “Premises.” a. Lessor and ▇▇▇▇▇▇ further agree and acknowledge that the Facility noted on Exhibit A-1, attached herein and incorporated by this reference, wholly and entirely represents its final installed configuration, pursuant to this Agreement. b. The Lessee shall endeavor have the non-exclusive right for access, and ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot, or motor vehicle, to tender possession the Premises. It is further agreed, however, that only authorized engineers, employees, and/or properly authorized contractors of Lessee, or persons under their direct supervision, will be permitted to enter such Premises. Notwithstanding the foregoing, Lessor grants to Lessee, the right of access to the Premises (with and other necessary areas of the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant Property), for its permitted uses subject to the terms of and conditions noted in the Work Letter are not Substantially Complete on prime lease, license or before the Estimated Delivery Date other similar agreement with a third party (where applicable), for any reason whatsoevera particular location or site, then this Lease shall not be void which prime lease, license, or voidableother similar agreement with a third party, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed in full force and effect, with same being attached to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto this Agreement as Exhibit G; (2) Tenant’s failure C, when applicable. Lessor also grants to fulfill its obligations Lessee the easement and right to install and maintain wires, cables, conduits and pipes within, over, under or along the Property as set forth detailed in this Lease or Exhibit A. Additionally, the Work Letter (including Lessor grants to Lessee any failure to review or approve or disapprove any items in accordance with specific right of way for access, from the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability nearest public right-of materialsway, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reasonOld Cryors Road, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget Premises, as described Exhibit A. In the event any public utility is unable to Tenant use the aforementioned rights-of-way or any request by Tenant that easement, the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision Lessor hereby agrees to grant an additional right-of-way, either to the Budget Lessee or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with the public utility, at least thirty (30) days prior written notice of no cost to the date when Landlord believes the Term Commencement Date will occurLessee.

Appears in 1 contract

Sources: Tower Site Lease Agreement

Premises. Landlord shall endeavor to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) hereby leases to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverhereby leases from Landlord, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and throughout the Term Commencement Date shall not occur until Substantial Completion (as hereinafter defined), the premises ("PREMISES") consisting of Core (i) for the exclusive use of Tenant, that certain room within the building located on the Property designated on the floorplan attached hereto as Exhibit "C", (ii) for the reasonable use by Tenant in common with all others lawfully entitled to use the Property, the common passageways, restrooms and Shell Work and public facilities described in Exhibit "C" attached hereto, (iii) for the use by Tenant Improvements occurs; in common with all others lawfully entitled to use the Property, the parking lot located on the Property (provided, however, if for so long as the satisfaction 1150 Lease remains in effect, Tenant's use thereof shall be limited to a reasonable number of parking spaces for use by personnel of Tenant and its business invitees), (iv) for the use by Tenant in common with all others lawfully entitled to use such portion of the requirements Property, the freestanding AM transmission tower that was in existence on April 10, 1980 for Substantial Completion the purpose of Core maintaining thereon an FM transmission antenna and Shell Work or cabling connecting the FM transmission antenna to an FM transmitter, (v) for the use by Tenant Improvements have been delayed in common with all others lawfully entitled to use such portion of the Property, the property upon which Landlord maintains an easement for coaxial cable between the FM transmitter and FM transmission antenna described in clause (iv) above, as reserved by any Landlord pursuant to Section (d) of the Reserved Rights and Privileges (i.e., Section l(d) of the 1150 Lease), (vi) for the use by Tenant Delayin common with all others lawfully entitled to use the Property, Substantial Completion such portions of Core the Property as shall afford Tenant, its personnel and Shell Work its business invitees reasonable ingress and egress (including vehicular ingress and egress across portions of the Tenant Improvements shall be deemed to occur when (as reasonably determined by LandlordProperty suitable for vehicular use) Substantial Completion of Core between Montecito Drive and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area all portions of the Premises and between any portion of the Premises and any other portion of the Premises, (vii) for the use by Tenant in accordance common with Article 9all others lawfully entitled to use such portion of the Property, the space on the telephone pole for the existing auxiliary antenna, (viii) for the use by Tenant in common with all others lawfully entitled to use such portion of the Property, the existing coaxial cable, along with the path upon which calculation must be approved such cable runs, between the Station transmitter and the auxiliary antenna referred to in clause (vii) above and (ix) for the use by Tenant in common with all others lawfully entitled to use such portions of the Property, all other portions of the Property that are currently utilized by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with its broadcasting operation. For the Budget; or (7) delays caused by any revision purpose of further establishing the rights of Tenant in and to the Budget Premises, and without in any way limiting such rights, Landlord hereby grants to Tenant non-exclusive easements over the Property, and all portions thereof, as shall be necessary or TI appropriate to enable Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty enjoy full use (30as permitted by this Lease) days prior written notice of and access to and from all portions of the date when Landlord believes Premises. Such easements shall terminate upon expiration or earlier termination of the Term Commencement Date will occurTerm.

Appears in 1 contract

Sources: Transmission Facilities Lease (Spanish Broadcasting System Inc)

Premises. (a) Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term and subject to the terms and conditions herein, to each and all of which Landlord and Tenant hereby mutually agree, those certain Occupied and Unoccupied premises (collectively "Premises", unless otherwise specifically noted), highlighted on Exhibit A attached hereto, which include APPROXIMATELY 35,000 RENTABLE SQUARE FEET OF OCCUPIED PREMISES (the exact square footage and load factor shall endeavor to tender possession be determined by final space plan; said square footage shall not be less than 35,000 square feet). The location of the Premises is commonly known as: 1185▇ ▇▇▇▇▇▇▇▇ ▇▇., ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. (b) Tenant shall also have the right herein to lease AN ADDITIONAL APPROXIMATE 15,000 SQUARE FEET OF "UNOCCUPIED PREMISES" as more specifically outlined in Article 4(a)(ii) herein. Finally, Tenant shall have a "Right of First Refusal" to further add to the Premises and Unoccupied Premises identified in this Lease, provided that such Right of First Refusal applies only to vacant and unrented space in the same building as the Premises and further provided that Tenant execute within five (5) business days, of written notice from Landlord, a lease for the additional space containing the same terms and conditions which have been agreed to by the prospective tenant other than Tenant (Advanta). (c) For purposes of this Lease, the Premises shall be measured in accordance with the Tenant Improvements Building Owners and the Core and Shell Work Substantially CompleteManagement Association (BOMA) to Tenant on or before the Estimated Delivery DateMethod, American National Standard (ANSI Z65.1-1980, reaffirmed 1989) of floor measurement. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and provide, upon Tenant's request, the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and calculations which show how the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Total Rentable Area of the Building and Rentable and Useable Area of the Premises were derived. (d) In addition, the Premises shall include the appurtenant right to use, in accordance common with Article 9others, which calculation must be approved by the site, parking and landscaped areas. Landlord and shall provide Tenant 6 NON-RESERVED PARKING STALLS PER 1,000 RENTABLE SQ. FT. OF OCCUPIED PREMISES (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay approximately 210 non-reserved parking stalls at the Commencement Date of this Lease) in the commencement or completion adjacent parking lots of the Core and Shell Work or the TI Work that results from or arises out of any of the following: Premises; one (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure above parking stalls to be reserved stalls per each 4,500 square feet of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request Occupied Premises designated by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurTenant.

Appears in 1 contract

Sources: Lease (Advanta Corp)

Premises. All claims for damages by reason of such reentry and/or repossession and/or alteration of locks or other security devices are hereby waived, provided the same is performed substantially in accordance with all applicable laws, as all claims for damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process, to the extent permitted by law. Tenant agrees that any reentry by Landlord shall endeavor to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required may be pursuant to judgment obtained in forcible detainer proceedings or other legal proceedings or without the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date necessity for any reason whatsoeverlegal proceedings, then this Lease shall not be void or voidableas Landlord may elect, and Landlord shall not be liable in trespass or otherwise, provided the same is performed substantially in accordance with all applicable laws. In the event Landlord elects to terminate the Lease by reason of an event of default then notwithstanding such termination, Tenant shall be liable for and shall pay to Landlord, at the address specified for notice to Landlord herein, the sum of all rental and other indebtedness accrued to date of such termination, plus, as damages, an amount equal to the total rental hereunder for the remaining portion of the Lease term (had such term not been terminated by Landlord prior to the date of expiration as stated herein) less the Market Base Rental Rate (determined in accordance with Section 32.10 hereof) for such remaining term (net of all reasonably estimated costs of re-leasing for such remaining term). In the event that Landlord elects to repossess the Premises without terminating the Lease, then Tenant shall be liable for and shall pay to Landlord at the address specified for notice to Landlord herein, all rental and other indebtedness accrued to the date of such repossession, plus rent required to paid by Tenant to Landlord during the remainder of the Lease term until the date of expiration of the term as stated herein diminished by any net sums thereafter received by Landlord through relenting the Premises during such period (after deducting expenses incurred by Landlord as provided below). In no event shall Tenant be entitled to any excess of any rental obtained by reletting over and above the rental herein reserved. Actions to collect amounts due by Tenant to Landlord under this subparagraph may be brought from time to time, on one or more occasions, without the necessity of Landlord's waiting until expiration of the Lease term. In the event of any default or breach by Tenant, not cured within any applicable grace period, Tenant shall also be liable and shall pay to Landlord, in addition to any sums provided to be paid above, broker's fees incurred by Landlord in connection with reletting the whole or any part of the Premises; the costs of removing and storing Tenant's or other occupants' property; the costs of repairing, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant or tenants; and all reasonable expenses incurred by Landlord in enforcing or defending Landlord's rights and/or remedies, including reasonable attorney's fees whether suit was actually filed or not. In the event of termination or repossession of the Premises for an event of default, Landlord shall not have any obligation to relet or attempt to relet the Premises or any portion thereof, or to collect rental after reletting; and in the event of reletting, Landlord may relet the whole or any portion of the Premises, or let the Premises as part of a larger premises, for any period to any tenant and for any use or purpose. If Tenant shall fail to make any payment or cure any default hereunder within the time herein permitted, Landlord, without being under any obligation to do so and without thereby waiving such default, may make such payment and/or remedy such other default for the account of Tenant (and enter the Premises for such purpose), and thereupon Tenant shall be obligated to, and hereby agrees to pay Landlord upon demand all reasonable costs, expenses and disbursements, including reasonable attorney's fees incurred by Landlord in taking such remedial action. Landlord is entitled to accept, receive in cash or deposit any payment made by Tenant for any loss reason or damage resulting therefrom purpose or in any amount whatsoever, and apply the same at Landlord's option to any obligation of Tenant and the Term Commencement Date same shall not occur until Substantial Completion constitute payment of Core and Shell Work and any amount owed except that to which Landlord has applied the same. No endorsement or statement on any check or letter of Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed an accord and satisfaction or recognized for any purpose whatsoever. The acceptance of any such check or payment shall be without prejudice to occur when Landlord's rights to recover any and all amounts owed by Tenant hereunder and shall not be deemed to cure any other default nor prejudice Landlord's rights to pursue any other available remedy. Notwithstanding anything to the contrary contained in this Lease, Landlord agrees to use reasonable efforts to mitigate its damages however in no event shall Landlord be required to (as reasonably determined by Landlordi) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty lease space for less than market rates applicable for comparable space in first-class Buildings in Briargate Business Campus in Colorado Springs, Colorado, (30ii) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of expend any sums or (iii) lease the Premises prior to any other available space in accordance with Article 9, which calculation must be approved the Building or any building owned by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion an affiliated entity of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.

Appears in 1 contract

Sources: Office Lease (Sm&a Corp)

Premises. (a) This Lease shall be effective as between Landlord and Tenant as of the full execution and delivery hereof by both Landlord and Tenant. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord upon the terms and conditions contained herein the Premises, which are more particularly described in Exhibit A attached hereto and made a part hereof (the “Premises”), including the tenant improvements (the “Tenant Improvements”) thereon presently existing or to be constructed in accordance with the “Lease Improvement Agreement” attached as Exhibit B, which is made a part hereof by this reference. As hereinafter used in this Lease, the term “Building” shall endeavor refer to tender possession the entire structure in which the Premises are located, the term “Lot” shall refer to the Assessor’s tax parcel on which the Building is situated, and the term “Project” shall collectively refer to the Lot, the Building, and the Project Common Areas. This Lease confers no rights either with regard to the subsurface of the land below the ground level of the Building or with regard to airspace above the roof of the Building. (b) Tenant acknowledges that, as of the Lease Date, Landlord has begun development on the Building, which construction is intended to be completed by the Scheduled Lease Commencement Date. Prior to the Lease Date, Landlord and Tenant have agreed upon certain project plans (“Project Plans”), attached hereto as Exhibit A-l. Landlord agrees to construct the Building in compliance with the Project Plans and all applicable laws, statutes and ordinances, and such construction shall be consistent with the Project Specifications, subject to events preventing such compliance beyond the reasonable control of Landlord (provided that Landlord has advised Tenant in writing of such noncompliance, and the specific reasons (c) Tenant may, not later than the Commencement Date, at Tenant’s expense, have a licensed architect measure the Premises (with using the Tenant Improvements and Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996, published by BOMA International (the Core and Shell Work Substantially Complete“BOMA Standard”)) to Tenant on or before determine the Estimated Delivery Date. If Core rentable area and Shell Work or the Tenant Improvements as required pursuant to the terms usable area of the Work Letter are not Substantially Complete Premises. Based on or before such measurement, the Estimated Delivery Date for any reason whatsoeverBase Rent, then this Lease and Tenant Improvement Allowance shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursproportionately adjusted; provided, however, if that in no event (i) will such measurement result in a Rent increase to Tenant of more than two percent (2%), or (ii) will the satisfaction rentable area of the requirements for Substantial Completion Premises be more than twelve percent (12%) greater than the “Office Area” (as that term is defined in the BOMA Standard) of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant DelayPremises (the difference, Substantial Completion expressed as a percentage of Core and Shell Work the Office Area of the Premises, between the Premises’ rentable area and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Office Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing is hereinafter referred to act reasonably with respect to granting such approvalas the “Load Factor”). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.

Appears in 1 contract

Sources: Lease Agreement (Health Net Inc)

Premises. Landlord shall endeavor hereby leases to tender Tenant, and Tenant hereby leases from Landlord, for the term and subject to the agreements, conditions and provisions contained in the Basic Lease Information and hereinafter set forth, those certain premises shown cross hatched on Exhibit A attached hereto (the “Premises”), which Premises are located in the building specified in the Basic Lease Information (the “Building”). Except only for any improvements which Landlord has expressly agreed herein to construct and install in the Premises pursuant to the Work Letter attached as Exhibit B (“Landlord’s Work”) and as otherwise set forth herein, the Premises are leased “AS IS” and in the condition existing at the time of execution of this Lease. Landlord has made no representation or warranty regarding the Premises (and no broker, property manager or other agent of Landlord has made any such representation or warranty, nor has authority to do so). Notwithstanding the foregoing or anything else to the contrary contained in this Lease, Landlord represents that on the date the possession of the Premises is delivered to Tenant: (i) Landlord has no notice that the Premises is in not in compliance with any applicable laws, including, the Tenant Improvements Americans With Disabilities Act, and (ii) that all load bearing walls, foundations, roof and other structural elements of the Premises and the Core plumbing, electrical systems, fire sprinkler systems, lighting, air conditioning and Shell Work Substantially Complete) to Tenant on or before heating systems and all other Building systems serving the Estimated Delivery Date. If Core Premises will be in good condition and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursrepair; provided, however, that if any such Building system requires repair within the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within first thirty (30) days after Substantial Completion of Core and Shell Work following the Term Commencement Date (the “Landlord Repair Period”) and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing reason for which such repair is necessary is not due to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with agents, employees, contractors or invitees, Landlord shall pay for the progress cost of such repairs at Landlord’s sole cost and expense so long as Tenant notifies Landlord of the work; (6) failure need for such repairs prior to the expiration of the Landlord Repair Period. The Rentable Area of the Premises and of the Building specified in the Basic Lease Information are approximations that Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to have stipulated as the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope Rentable Area of the Premises and Building, respectively, and shall not be subject to adjustment by either Landlord or Tenant Improvements during the Term (as may be modified in connection extended). Tenant is satisfied with such approximations and with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice size of the date when Landlord believes the Term Commencement Date will occurPremises; no claim may be made based upon inaccuracy of such figures.

Appears in 1 contract

Sources: Building Lease (Zulily, Inc.)

Premises. Landlord shall endeavor leases to tender possession Tenant and Tenant hires from Landlord for the term, at the rental and upon the conditions in this Office Lease (herein "Lease") the space consisting of the entire third floor of approximately Ten Thousand Six Hundred Seventy Five (10,675) square feet (herein "Premises") of the building commonly known as 800 E1 Camino Real, Menlo Park, San Mateo County, California and located substantially as shown on Exhibit A attached hereto, reserving and excepting to Landlord the use of the roof, exterior walls, stairways, elevators, utility closets, bathrooms, and other common areas and area beneath and above the Premises together with the right from time to time to install, maintain, use, repair and replace pipes, ducts, conduits and wires leading through the Premises in locations which will not materially interfere with Tenant's use thereof and which serve other parts of the building and/or other tenants therein. Except for the painting of the interior of the Premises (with by Landlord, at Landlord's sole cost and expense, it is understood and agreed that the Tenant Improvements Premises are being leased "AS-IS" Any additional tenant improvements including, but not limited to, all heating ventilating, and air conditioning distribution within the Core Premises, all electrical systems within the Premises, suspended ceilings, interior walls and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core partitions, and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverfloor, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom window and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements wall coverings shall be deemed to occur when (as reasonably determined done by Tenant at Tenant's sole cost and expense. No such work shall be commenced without Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations 's written consent as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Requestherein. Landlord shall endeavor clean the carpets in good faith the Premises prior to provide Tenant with at least thirty occupancy. it is understood and agreed that the Ten Thousand Six Hundred Seventy Five (3010,675) days prior written notice square feet area set forth above shall be used for all rent calculation purposes, and that neither party shall have a claim against the other for any non material variance of the date when Landlord believes the Term Commencement Date will occurthat figure.

Appears in 1 contract

Sources: Office Lease (Be Inc)

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon the terms and conditions herein set forth, those certain buildings (“Premises”) referred to in Paragraph 1.4 above, shown cross-hatched on the site plan attached hereto as Exhibit A (a) and Exhibit A (b). In addition, Tenant shall endeavor have the following rights with respect to tender the real property more particularly described in the legal descriptions attached as Exhibits B (a) and B (b) attached hereto (if applicable) and outlined in red on Exhibit A (a) and Exhibit A (b) (“Common Area”): (i) the non exclusive right to use no more than the number of parking spaces set forth in Paragraph 1.12 above, as shown on Exhibit A (a) and Exhibit A (b), for the respective Buildings the location of which may be redesignated from time to time by Landlord; (ii) the nonexclusive right to use any other parking spaces within the Common Area not allocated for the exclusive use of another tenant of Landlord; and (iii) such other rights as are necessary and convenient to Tenant’s possession of the Premises or performance of Tenant’s obligations under this Lease. (with Notwithstanding the Tenant Improvements and number of parking spaces designated for Tenant’s exclusive use, in the Core and Shell Work Substantially Completeevent by reason of any rule, regulation, order, law, statute, ordinance or other requirement of any governmental or quasi-governmental authority now or hereafter in effect (collectively, “Laws”) relating to Tenant or affecting parking on the Common Area, or before any other cause beyond Landlord’s reasonable control, Landlord is required to reduce the Estimated Delivery Date. If Core and Shell Work or number of parking spaces on the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableCommon Area, Landlord shall not be liable have the right to proportionately reduce the number of parking spaces designated herein for Tenant’s exclusive use.) In addition, Landlord grants to Tenant a non-exclusive easement for vehicular ingress and egress in and over the paved roadways in the Common Area and pedestrian ingress and egress in and over the Common Area. Landlord reserves the right to grant to tenants of the buildings or improvements which now exist or may hereafter be constructed upon the Common Area or upon real property owned by Landlord adjacent to the Common Area, and to the agents, employees, servants, invitees, contractors, guests, employees, servants, invitees, contractors, guests, customers and representatives of such tenants or to any loss or damage resulting therefrom other user authorized by Landlord, the non-exclusive right to use the Common Area for pedestrian and vehicular ingress and egress and vehicular parking and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and exclusive right to use parking spaces on the Tenant Improvements occurs; provided, however, if the satisfaction Common Area (excluding only that portion of the requirements Common Area designated herein for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letterexclusive use for vehicular parking); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.

Appears in 1 contract

Sources: Net Lease Agreement (Laserscope)

Premises. Landlord shall endeavor to tender possession (a) The premises demised by this Lease consists of the Initial Premises and the Subsequent Premises (with collectively, the Tenant Improvements "Premises") located in that certain building (the "Building") specified in the Basic Lease Information, which Building is located in that certain real estate development (the "Project") specified in the Basic Lease Information. The Premises has the address and contains the square footage specified in the Basic Lease Information. The location and dimensions of the Initial Premises and the Core Subsequent Premises are depicted on Exhibit A, which is attached hereto and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then incorporated herein by this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursreference; provided, however, if the satisfaction that any statement of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as square footage set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialsLease, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that may have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress been used in calculating any of the work; (6) failure of economic terms hereof, is an approximation which Landlord and Tenant agree is reasonable and, except as expressly set forth in Paragraph 4(c)(iii) below, no economic terms based thereon shall be subject to agree revision whether or not the actual square footage is more or less. Tenant shall have the non-exclusive right (for in common with the other tenants, Landlord and any reasonother person granted use by Landlord) to use the-Common Areas (as hereinafter defined), provided Landlord acts in good faith and diligently to work with Tenant except that, with respect to parking, Tenant shall have only a license to use-the Budget) number of nonexclusive and undesignated parking spaces set forth in the Basic Lease Information in the Project's parking areas (the "Parking Areas"); provided, however, that Landlord shall not be required to enforce Tenant's right to use such parking spaces; and provided, further, that the number of parking spaces allocated to Tenant hereunder shall be reduced on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or proportionate basis in the event any request by Tenant that the scope of the Tenant Improvements be modified parking spaces in connection with the Budget; Parking Areas are taken or otherwise eliminated as a result of any Condemnation (7as hereinafter defined) delays caused by any revision to or casualty event affecting such Parking Areas. No easement for light or air is incorporated in the Budget or TI Tenant Change Order RequestPremises. Landlord For purposes of this Lease, the term "Common Areas" shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice mean all areas and facilities outside the Premises and within the exterior boundary line, of the date when Project that are provided and designated by Landlord believes for the Term Commencement Date will occurnon-exclusive use of Landlord, Tenant and other tenants of the Project and their respective employees, guests and invitees.

Appears in 1 contract

Sources: Lease Agreement (Paypal Inc)

Premises. Landlord shall endeavor to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) leases to Tenant and Tenant leases from Landlord, all of Landlord’s right, title and interest in and to approximately 500,000 square feet of contiguous space that is depicted on Exhibit B (the “Initial Premises”) in the building located at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇ (the “Building”). The land on which the Building is located is set forth on Exhibit C (the “Land”). At any time on or before after the Estimated Delivery date that is six (6) months after the Commencement Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable may reduce the Initial Premises by up to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (approximately 150,000 square feet as reasonably determined by LandlordLandlord in its sole discretion (the “Reduced Premises”), provided that (1) Substantial Completion the Reduced Premises is comprised of Core contiguous space within the Initial Premises, and Shell Work (2) at all times during the Term, the Premises shall include exterior access and a loading dock sufficient to allow Tenant to remove Furnaces from the Building. If Landlord elects to reduce the Initial Premises pursuant to this Section 1.1, then Landlord shall provide Tenant Improvements would have occurred if such with reasonable advance notice of the location of the Reduced Premises so as to afford Tenant Delay had reasonably sufficient time to vacate from the portion of the Initial Premises that will not occurredbe included in the Reduced Premises. Within thirty The Initial Premises and Reduced Premises shall be collectively referred to herein as the “Premises.” The Premises are leased to Tenant, along with (30i) days after Substantial Completion of Core the exclusive right to use 142 parking spaces shown on Exhibit B, and Shell Work and (ii) the non-exclusive right to use the roadways, driveways, entrances, exits depicted on Exhibit B. Landlord will provide Tenant Improvements, Landlord’s architect shall calculate and certify in writing with space adjacent to the Premises that is reasonably acceptable to Landlord and Tenant, in which Tenant may maintain a construction trailer. The Land and the Rentable Area of the Premises in accordance with Article 9Building are depicted on Exhibit C-1, which calculation must be approved by Landlord and Tenant (both hereby agreeing but any reference to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement square footage or completion of the Core and Shell Work dimensions do not constitute a representation, covenant or the TI Work that results from or arises out warranty of any of the followingkind by Landlord. Tenant hereby agrees that: (1a) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; it has read, and (2b) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect is subject to the Budgetfollowing agreements: (i) on a mutually agreeable Budget within ten Basin Array Access Agreement, (10ii) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that Reliability Center Access Agreement, and (iii) the scope of Access Agreement (collectively, the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur“Access Agreements”).

Appears in 1 contract

Sources: Warehouse Lease Agreement (GT Advanced Technologies Inc.)

Premises. Landlord shall endeavor a. Licensor hereby grants to tender possession Licensee the following rights (collectively, the “License”); (i) a limited non-exclusive license to install, maintain and operate Licensee’s wireless communications equipment and appurtenances on a tower owned and/or operated by Licensor (the “Tower”), including one or more antennas at a centerline height of forty five (45) feet above ground level on the Tower, which is located on certain real property owned or leased by Licensor and more particular described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”), and (ii) a limited non-exclusive license to install, maintain, operate and otherwise use Licensee’s equipment cabinet or compound and related devices owned by Licensee within a space consisting of a four (4) square feet portion of the property identified as the operation site on Exhibit “B” attached hereto (the space in which the operations site is to be occupied by Licensee on the Property and the Tower are hereinafter referred to collectively as the “Premises”.) b. Licensor also grants Licensee, in common with other Permittees entitled to use the same, a non-exclusive reasonable right of access to the Premises twenty-four (24) hours per day, seven (7) days per week during the Term (as hereinafter defined) for the purpose of installing and maintaining the equipment (as hereinafter defined). The access is subject to revocation by Licensor at any time and from time to time to exclude and restrain any Person who is not a Permittee from accessing the Premises, as well as other provisions contain in the agreement. c. The Premises are delivered in an “AS IS” condition by Licensor. Licensee acknowledges and agrees that it has visited and inspected the Premises and hereby accepts the physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the condition or suitability of the Premises, including the Tower, or as to any engineering or other operational data. Licensee is solely responsible for determining all aspects as the suitability, acceptability, accuracy and adequacy of the Premises for the Licensee’s intended use. d. Licensor shall have the right, with no less than thirty (with 30) days’ prior written notice to Licensee, to require Licensee to relocate the Tenant Improvements and Premises to another area within the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverproperty, then this Lease shall not be void or voidableat Licensee’s sole cost expense, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if that the satisfaction of area to which the requirements for Substantial Completion of Core and Shell Work Premises are relocated, whether in the building or on the Tenant Improvements have been delayed by any Tenant DelayTower, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core substantially similar in size and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect functionality to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPremises.

Appears in 1 contract

Sources: Communications Site License Agreement (Skybridge Wireless Inc)

Premises. Landlord shall endeavor to tender possession (a) Lessor has a leasehold estate in the property described on Exhibit A (the “Entire Property”) as the assignee of the lessee’s interest in the Amended and Restated Lease Agreement dated January 20, 1995 (the “Master Lease”) between Greenville Marine Corporation (“Master Lessor”) and Rainbow Entertainment, Inc. (“Rainbow”). Rainbow assigned its interest in the Master Lease to Lessor by an Assignment and Assumption of Lease Agreement dated October 24, 1995. Lessor is leasing the Entire Property for the purpose of developing and operating a gaming and casino riverboat or barge facility (the “Casino”). (b) Lessor hereby subleases to Lessee, and Lessee hereby subleases from Lessor, that portion of the Entire Property described in Exhibit B hereto including all improvements now or hereafter existing thereon (the “Premises”). (c) Upon the request of either party, Lessor and Lessee will use their best efforts to cause the Entire Property to be subdivided between the Premises (with the Tenant Improvements and the Core remainder of the Entire Property (the “Remainder Parcel”), and Shell Work Substantially Completeto obtain Master Lessor’s cooperation in such subdivision. (d) Lessor also irrevocably grants to Tenant Lessee the unrestricted right to adequate unobstructed means of ingress and egress, for pedestrian and vehicular access for all purposes incident to Lessee’s use of the Premises, over and across (i) the Remainder Parcel, (ii) all roads, entrances and other means of access to the Remainder Parcel from the publicly dedicated right of way (the “Access Routes”), and (iii) any parking facilities of Lessor located adjacent to the Remainder Parcel (the “Adjacent Facilities”). Lessor reserves the right to adequate unobstructed means of ingress and egress for pedestrian access over and across a right of way through the Premises designated by Lessee for the purpose of access to any support structures, moorings, bridges, or other means of access to the Casino. Lessee shall have the right to adopt rules and regulations concerning the rights of Lessor and its customers, employees, suppliers and other invitees to have access to such designated right of way through the Premises. In addition, Lessor irrevocably grants to Lessee and its customers, employees, suppliers, and other invitees the right to use all parking facilities located anywhere on or before the Estimated Delivery Date. If Core and Shell Work Remainder Parcel or the Tenant Improvements Adjacent Facilities in common with and on the same basis as required pursuant Lessor and its customers, employees, suppliers, and other invitees and the unrestricted right of ingress and egress to and from such parking facilities. Further, Lessee agrees that in no event will Lessor reduce the number of parking spaces on the Remainder Parcel to fewer than 150, which shall be adjacent to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPremises.

Appears in 1 contract

Sources: Sublease Agreement (Manchester Mall Inc)

Premises. Landlord shall endeavor to tender possession for and in consideration of the Premises (with the Tenant Improvements rents herein reserved and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete covenants and agreements herein contained on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure part of Tenant to deliver items be kept observed and performed does by these presence lease to Tenant and Tenant leases from Landlord, the improved real estate located at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, City of Madison, Dane County, Wisconsin which is more particularly described on Exhibit A, which is attached hereto and incorporated herein by reference, together with all improvements now or in the future located thereon, including a building which is to be renovated prior to the Beginning Date (defined below) at Landlord's sole expense, except as provided herein below, substantially in accordance with the preliminary plans and specifications which have been approved by Tenant (the "Building") which plans, specifications, and Work Letter are set forth, in part, in Exhibit B which is attached hereto and incorporated herein by reference and subject to the covenants, conditions, agreements, easements, encumbrances and restrictions of record affecting the real estate and improvements (such real estate and improvements as Exhibit G; (2) Tenant’s failure described hereinabove shall be referred to fulfill its obligations herein collectively hereinafter as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with "Premises"). After the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress renovation of the work; (6) failure of Building, the Landlord and Tenant hereby agree that the Building will contain approximately 45,000 square feet. All renovations to the Building to be completed by Landlord shall be completed in a good and ▇▇▇▇▇▇▇ like manner and comply with all applicable laws, ordinances, rules and regulations of government authorities. Landlord and Tenant hereby acknowledge that the plans, specifications, and Work Letter set forth at Exhibit B are preliminary and the parties agree (for any reason, provided Landlord acts to work in good faith with their respective architects and diligently engineers to work with Tenant with respect agree upon final plans and specifications for the renovations of the Building as quickly as practicable. Such final plans and specifications will set forth a time line for commencement of construction by the Landlord. Notwithstanding anything to the Budget) on a mutually agreeable Budget within ten (10) calendar days after contrary herein contained, if the cost of any Tenant allowance item of work relative to the renovations, as finally agreed upon by Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of and Tenant, exceeds the Tenant Improvements be modified in connection with allowance for such item of work, Tenant shall pay Landlord the Budget; or (7) delays caused amount by any revision to which the Budget or TI actual cost of such item of work exceeds the Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice allowance for such item of the date when Landlord believes the Term Commencement Date will occurwork.

Appears in 1 contract

Sources: Building Lease (Sonic Foundry Inc)

Premises. Landlord shall endeavor hereby leases to tender possession Tenant and Tenant hereby leases from Landlord, upon the terms and conditions hereinafter set forth, those certain premises (the "Premises") presently known, as of the Premises date of this Lease, as 4435 ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇tuated in the City of San Jose, ▇▇unty of Santa Clar▇, ▇▇ate of California, described as follows: for purposes of this Lease, the rentable square footage area of the Building shall be deemed to be approximately seventy-seven thousand eight hundred five (with 77,805) square feet (the Tenant Improvements and "Building"), as shown cross-hatched on the Core and Shell Work Substantially Completesite plan (the "Site Plan") to Tenant attached hereto as Exhibit ~An. The Building is located on a larger parcel (the "Parcel") containing other buildings (the "Buildings") as shown on the Site Plan, which Parcel is described in Exhibit "B" attached hereto, In the event Landlord subdivides the Parcel in the future into two (2) or before more legal parcels, the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant term "Parcel" shall thereafter refer to the terms of legal parcel on which the Work Letter Premise are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, located. Landlord shall not be liable required to make any alterations, additions or improvements to the Premises and the Premises shall be leased to Tenant for any loss or damage resulting therefrom in an "as-is" condition, except Landlord shall complete, at Landlord's expense, minor, previously planned, structural improvements and modifications required by the Term Commencement Date Americans with Disabilities Act (ADA) with regard to the existing Premises. Landlord shall not occur until Substantial Completion be responsible to pay or the cost of Core any improvements required to comply with ADA which is a result of any work of improvement to the Premises initiated or completed by Tenant. If Landlord's Work is not completed prior to Commencement Date, Tenant shall cooperate with Landlord and Shell Landlord's contractor in the performance of Landlord's Work. To the extent Landlord's Work and the Tenant Improvements occurs; provided, however, if the satisfaction interferes with Tenant's use of the requirements for Substantial Completion Premises, the Monthly Installment of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements rent shall be deemed reduced during the period of such interference in proportion to occur when (as reasonably determined by Landlord) Substantial Completion the square footage of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused is not usable by Tenant Change Order Requests (as defined in during the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability performance of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur's Work.

Appears in 1 contract

Sources: Lease Agreement (3dfx Interactive Inc)

Premises. “AS-IS”. Tenant acknowledges that: (i) it has been advised by Landlord, ▇▇▇▇▇▇▇▇’s broker and ▇▇▇▇▇▇’s broker, if any, to satisfy itself with respect to the condition of the Premises (including, without limitation, the Building’s Systems, the Building’s Structure, and the security and environmental aspects thereof), the Loading Dock, the other areas of the Project, and the present and future suitability of the Premises for Tenant’s intended use; (ii) Tenant has made such inspection and investigation as it deems necessary with reference to such matters and assumes all responsibility therefor as the same relate to ▇▇▇▇▇▇’s occupancy of the Premises and use of the Project; and (iii) neither Landlord shall endeavor nor any of Landlord’s agents has made any oral or written representations or warranties with respect to tender the condition, suitability or fitness of the Premises or Project other than as may be specifically set forth in this Lease. By taking possession of the Premises (with and each Phase thereof for the performance of the Tenant Improvements and the Core and Shell Work Substantially Complete) to Improvements, Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlordhave accepted the Premises and each Phase thereof in its then “AS IS” condition, subject to all applicable Laws. Notwithstanding this Section 3(d) Substantial Completion of Core and Shell Work above, Landlord warrants that the Building’s Systems, the Building’s Structure, and the Tenant Improvements would have occurred Loading Dock (the “Covered Items”), other than any portion thereof constructed or altered by Tenant, shall be in good operating condition on the date possession of the Premises and each Phase thereof is delivered to Tenant. If a non-compliance with such warranty exists as of the delivery of possession, or if one of such Tenant Delay had not occurred. Within thirty Covered Items should malfunction or fail within one hundred eighty (30180) days after Substantial Completion the delivery of Core and Shell Work and possession of the applicable Phase of the Premises to Tenant, then Tenant Improvements, Landlord’s architect shall calculate and certify in writing nonetheless be deemed to Landlord and Tenant the Rentable Area have accepted such Phase of the Premises in accordance with Article 9the condition required by this Lease, which calculation must be approved by however Landlord and Tenant (both hereby agreeing to act reasonably shall, as Landlord’s sole obligation with respect to granting such approvalmatter, promptly after receipt of written notice from Tenant setting forth in reasonable detail the nature and extent of such non-compliance, malfunction or failure, rectify the same at Landlord’s expense (“Landlord’s Warranty Work”). If Tenant Delay” shall mean any delay in does not give Landlord the commencement or completion required notice within one hundred eighty (180) days after the delivery of possession of the Core and Shell Work or the TI Work that results from or arises out of any applicable Phase of the following: (1) delays or failure of Tenant Premises to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that Landlord shall have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant no obligation with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurwarranty.

Appears in 1 contract

Sources: Lease Agreement (Senti Biosciences, Inc.)

Premises. Landlord Seller shall endeavor sell and convey to tender possession Purchaser, and Purchaser shall purchase from Seller, upon the terms, covenants and conditions hereinafter set forth all of Seller’s right, title and interest in and to (i) the Premises portfolio of four (with the Tenant Improvements and the Core and Shell Work Substantially Complete4) condominium units to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required be created by Seller pursuant to the terms and conditions of Article 21 hereof (and which currently consists of three (3) retail units, one (1) parking garage and storage space) (collectively, the “Units”), which Units are part of the Work Letter are not Substantially Complete condominium known as River Lofts Condominium (the “Condominium”), all as shown on the floor plans for the Units, as set forth in the declaration, as the same shall be modified pursuant to Article 21 (the “Declaration”), the said Units together with the common elements and/or limited common elements appurtenant to each such Unit, all as set forth, or before to be set forth, in the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom Amended Condominium Documents (hereinafter defined)(the “Common Interest”)(the Units and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and Common Interest, collectively, the Tenant Improvements occurs; provided, however, if “Property”): (ii) the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify leases in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably effect with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion Units, a true and complete schedule of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter which leases are attached hereto as Exhibit G; A (2collectively the “Leases”): and (iii) any equipment or fixtures attached or appurtenant to the Units, to the extent owned by Seller and not owned by the Condominium or by any of the tenants of the Units (each, a “Tenant’s failure ” and collectively, the “Tenants”, as the context requires), all in their presently existing “as is” condition and state of repair on the date hereof, subject to fulfill its obligations as set forth in this Lease or reasonable wear and tear between the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests date hereof and Closing Date (as defined hereinafter defined) (collectively, the “Fixtures”). All of the foregoing, including the Units, the Common Interest, the Leases and the Fixtures, shall collectively be referred to herein as the “Premises”. The Units are located in the Work Letter) or TI Tenant Change Order Requests building known as and by the street address ▇▇▇-▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ (as defined in the Work Letter“Building”); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.

Appears in 1 contract

Sources: Purchase and Sale Agreement (American Realty Capital New York Recovery Reit Inc)

Premises. Based upon the Plans for the Tenant Improvements to be performed by the Landlord in the Suite 310 Expansion Premises, Landlord shall endeavor use reasonable efforts to tender possession substantially complete the work as set forth in Exhibit A-1 (“Landlord’s Work”) by the targeted date of August 1, 2025. Subject to the occurrence of a Force Majeure Event(s), and Tenant Delay(s), if Substantial Completion (as defined below) does not occur by September 1, 2025, Tenant shall receive a credit equal to one (1) day’s free Basic Rent for Suite 310 only for each day from and after September 1, 2025 until the actual Suite 310 Expansion Premises Commencement Date. For purposes of clarity, this base rent credit provision shall not apply to the Premises as defined prior to the Suite 310 Expansion Premises Commencement Date, and Tenant shall continue to pay rent on all other portions of the Premises regardless of Landlord’s Work. Landlord’s Work shall be deemed substantially complete on the date (the “Substantial Completion”) the Landlord notifies Tenant that, with the Tenant Improvements and exception of punch list items, the Core and Shell Work Substantially Complete) to Tenant on or before Landlord has completed the Estimated Delivery DateLandlord’s Work. If Core and Shell Work or Notwithstanding the Tenant Improvements as required pursuant to foregoing, if any delay in the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell the Landlord’s Work and by Landlord is due to Tenant Delays, then the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements Date shall be deemed to occur when (be the date Landlord’s Work would have been substantially completed, if not for same, as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant DelayDelays” shall mean actual delays caused by: (a) requirements of the Plans requested by Tenant that do not conform to Landlord’s Building Standards for office build-out; (b) any change in the Plans requested by ▇▇▇▇▇▇; (c) failure to approve changes or modifications to the Plans within the time limits provided herein; (d) any request by Tenant for a delay in the commencement or completion of the Core and Shell Landlord’s Work or the TI Work that results from or arises out of for any of the following: (1) delays or failure of Tenant reason other than due to deliver items in accordance with the Work Letter attached hereto as Exhibit GForce Majeure Event once such work has commenced; (2e) Tenant’s failure to fulfill respond to any Landlord request or that of its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); construction staff within three (3) delays caused by Tenant Change Order Requests Business Days; or (as defined in the Work Letterf) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent any other act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reasonits employees, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant agents or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurcontractors.

Appears in 1 contract

Sources: Commercial Lease (Ardelyx, Inc.)

Premises. Landlord shall endeavor to tender possession (a) For and in consideration of the Premises (with rent hereinafter reserved, payable in lawful money of the Tenant Improvements United States which shall then be legal tender of all debts, public and private, and the Core mutual covenants hereinafter contained, Landlord does hereby lease and Shell Work Substantially Complete) to demise unto Tenant, and Tenant on or before does hereby hire, lease and accept from Landlord, an area containing approximately [INSERT SQUARE FOOTAGE] square feet (the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to "Premises"), located at [ADDRESS] all upon the terms of and conditions hereinafter set forth. The Premises is cross-hatched on the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter site plan attached hereto as Exhibit G; A and by this reference made a part hereof. Exhibit A sets forth the general layout of the building or buildings (2collectively, the “Building”) Tenant’s failure in which the Premises is located and the location in which the Premises will be situated, and shall not be deemed to fulfill be a warranty, representation or agreement on the part of the Landlord that said Building is or will be exactly as indicated. Landlord reserves the right to change, increase or reduce the number, composition, dimensions or locations of any parking areas, pylon signs, service areas, walkways, roadways, buildings, (including permanent and temporary kiosks) or other common areas in its obligations as set forth sole discretion and may make alterations or additions to existing buildings from time to time. (b) Except to the extent modified by Landlord's express assumption of construction obligations, if any, expressly provided for in this Lease Lease, the Premises are being leased "as is", and Landlord makes no warranty of any kind, express or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialsimplied, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the BudgetPremises. (c) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that The “Tenant’s Pro Rata Share” shall be the scope ratio which the floor area of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision Premises bears to the Budget sum of all floor area from time to time leased to other tenants in the Building. For any costs or TI expenses for which Tenant Change Order Request. Landlord is required to pay the Tenant’s Pro Rata Share of such cost or expense, such Tenant’s Pro Rata Share shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice be based on the proportion of the date when Landlord believes square footage of the Term Commencement Date will occurPremises to the square footage of the portion of the Building served by the service for which cost or expense has been charged.

Appears in 1 contract

Sources: Lease Agreement

Premises. Landlord shall endeavor to tender possession As of the Expansion Premises Commencement Date (as defined in Section 7(a) below), Landlord hereby leases to Tenant, and Tenant hereby accepts, the Expansion Premises, subject to and with the Tenant Improvements benefit of the terms, covenants, conditions, and provisions of the Lease, and the Core lease of the Expansion Premises by Tenant shall be on all of the terms, covenants and Shell Work Substantially Complete) provisions of the Existing Lease, except as modified by this Amendment. The anticipated Expansion Premises Commencement Date is estimated to Tenant on or before be May 15, 2019 (the Estimated Delivery “ Target Expansion Premises Commencement Date ”). From and after the Expansion Premises Commencement Date. If Core and Shell Work or the Tenant Improvements as required pursuant , all references to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then “Premises” in this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom Amendment and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements Lease shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work refer to the Existing Premises and the Tenant Improvements would have occurred if such Tenant Delay had not occurredExpansion Premises. Within thirty (30) days Landlord and T▇▇▇▇▇ hereby acknowledge and agree that, notwithstanding anything to the contrary contained in the Existing Lease, from and after Substantial Completion of Core and Shell Work the Expansion Premises Commencement Date, the Third Floor Space and the Tenant ImprovementsExpansion Premises shall be deemed to contain 15,259 rentable square feet in the aggregate. In addition to Landlord’s Expansion Premises Work, Landlord’s architect , at its expense, shall calculate deliver the Expansion Premises on the Expansion Premises Commencement Date (i) free from asbestos-containing materials and certify any other materials recognized by law to be “hazardous” or “toxic,” (ii) otherwise in writing to Landlord compliance with all applicable laws and Tenant codes, (iii) with the Rentable Area of heating, ventilating and air conditioning (HVAC), electrical, plumbing, mechanical and fire/life safety systems serving the Expansion Premises in accordance with Article 9good working order, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval)iv) vacant, free from personal property. “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect Notwithstanding anything herein to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to contrary, Tenant or any request by Tenant that shall not be responsible for the scope of the Tenant Improvements be modified costs and expenses incurred in connection with the Budget; removal or (7) delays caused by any revision remediation of Hazardous Material that is not in compliance with applicable law as of the Expansion Premises Commencement Date and which is located in, on or under the Building or the Property prior to the Budget Expansion Premises Commencement Date unless such Hazardous Material was brought on to the Property by Tenant or TI Tenant Change Order Requestits agents. Landlord shall endeavor hereby represents that, to its actual knowledge, there are currently no Hazardous Materials in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurExpansion Premises.

Appears in 1 contract

Sources: Lease (Mannkind Corp)

Premises. Landlord hereby leases to Tenant the Premises, but excluding the Common Area (as herein defined) and any other portion of the Building, the Land, Property and/or the Project. Tenant (i) ACCEPTS THE PREMISES "AS-IS," WITH TENANT ACCEPTING ALL DEFECTS, IF ANY; AND LANDLORD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES (WITHOUT LIMITATION, LANDLORD MAKES NO WARRANTY AS TO THE HABITABILITY, FITNESS OR SUITABILITY OF THE PREMISES FOR A PARTICULAR PURPOSE, NOR AS TO COMPLIANCE WITH ANY APPLICABLE LAWS (AS HEREIN DEFINED), OR AS TO THE ABSENCE OF ANY TOXIC OR OTHERWISE HAZARDOUS MATERIALS), (ii) acknowledges that the Premises are acceptable for Tenant's use, and (iii) waives all claims of defect in the Premises and any implied warranty that the Premises are suitable for Tenant's intended purposes. On the Commencement Date, Landlord shall endeavor to tender possession deliver the Premises broom clean and free of debris with the existing mechanical systems, plumbing system, and heating, ventilation and air conditioning system serving the office portion of the Premises (but not the HVAC system serving the warehouse portion of the Premises, if any) (the “HVAC System”), in good operating condition on the Commencement Date and Landlord warrants that the HVAC System shall continue to operate in good working order for the period ending on the date sixty (60) days after the Commencement Date (the “HVAC Warranty Period”), except to the extent such failure in the HVAC System to operate in good working order is caused by Tenant’s use or alterations to the Premises or failure to properly maintain the HVAC System as required by this Lease. If a non-compliance with the foregoing exists as of the Commencement Date, Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant Improvements setting forth with specificity the nature and the Core and Shell Work Substantially Complete) extent of such non-compliance, commence to Tenant on or before the Estimated Delivery Daterectify same at Landlord’s expense. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms does not give Landlord written notice of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within a non-compliance within thirty (30) days after Substantial Completion the Commencement Date, correction of Core that non-compliance shall be the obligation of Tenant at Tenant’s sole cost and Shell Work expense. If a non-compliance with the HVAC warranty exists at any time prior to the expiration of the HVAC Warranty Period, Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, commence to rectify same at Landlord’s expense. If Tenant does not give Landlord written notice of a non-compliance on or before the expiration of the HVAC Warranty Period, correction of that non-compliance shall be the obligation of Tenant at Tenant’s sole cost and expense. Notwithstanding the foregoing, at Landlord’s sole cost and expense, Landlord shall perform the following improvements in the Premises prior to the Commencement Date (collectively, “Landlord Work”): (a) re-floor as floored areas in the office portion of the Premises; (b) repaint all painted walls in the office portion of the Premises; and (c) install LED high bay warehouse lights with motion sensors in the warehouse portion of the Premises. Tenant hereby acknowledges that the area of the Premises, the Building and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as Project set forth in this the Basic Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialsInformation is approximate only, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant accepts and agrees to agree (be bound by such figures for any reason, provided Landlord acts all purposes in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurthis Lease.

Appears in 1 contract

Sources: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)

Premises. (a) Tenant hereby acknowledges that, except as set forth herein, the premises shall be delivered in an "as is" condition and that Landlord, except as may be expressly agreed by Landlord shall endeavor in writing as specified herein and in Exhibit D attached hereto, has no obligation to tender possession alter, repair, renovate, or render fit for Tenant's occupancy, any part of the Premises (premises. Landlord reserves to itself the use of the roof, exterior walls and the area above and beneath the premises, together with the right to install, maintain, use, repair and replace plumbing, telephone facilities, equipment, machinery, connections, pipes, ducts, conduits, and wires leading through the premises and serving other parts of the Building in a manner and in locations which will not unreasonably interfere with Tenant's use. (b) In the event Landlord determines to permit early occupancy of the premises and, therefore, informs Tenant Improvements and in writing that the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant premises are ready for occupancy prior to the terms date set forth in the Basic Lease Information for the commencement of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction term of the requirements for Substantial Completion Lease, Tenant shall have the right to take early occupancy of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (premises on such date as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant shall agree, and notwithstanding the Rentable Area provisions of paragraph 4 below, the term of the Premises in accordance with Article 9, which calculation must be approved Lease shall commence upon such occupancy. (c) The occupancy by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have premises shall constitute an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request acknowledgment by Tenant that the scope premises are then in good, sanitary and tenantable condition and repair. Notwithstanding the foregoing, Landlord represents and warrants, to the best of its knowledge without inquiry, to Tenant that, as of the Tenant Improvements Commencement Date, the Premises, including any improvements made by Landlord, shall be modified incompliance with all laws and regulations, and built in connection a good and workmanlike manner with good materials and the Budget; or (7) delays caused by any revision to equipment and Building services serving the Budget or TI Tenant Change Order Request. Landlord Premises shall endeavor be in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurworking order.

Appears in 1 contract

Sources: Lease Agreement (Cellular Technical Services Co Inc)

Premises. Landlord Lessor, for and in consideration of the rents, covenants, and agreements herein contained on the part of Lessee to be paid, kept, and performed, does hereby lease, rent, let, and demise unto Lessee, and Lessee does hereby take, accept, hire, and lease from Lessor, upon and subject to the conditions hereinafter expressed, the Premises (as described in and shown on Exhibit A) for the sole and exclusive purpose of conducting the Permitted Use and designing, constructing, operating, maintaining, repairing, and expanding the Permitted Improvements. Appurtenant to the Premises is the non-exclusive right, subject to the terms set forth herein, to investigate (including any subsurface geotechnical investigation), improve, modify, and use the access areas described in Exhibit A and Exhibit B, for pedestrian and vehicular access to and egress from the Premises plus the right to construct electric interconnection lines to connect the Solar Energy Facility (a) to the facilities of Lessor such that the Solar Energy Facility or each unit thereof qualifies as a single Solar Net Metering Facility or separate Solar Net Metering Facilities, and (b) to National Grid or another Host Customer, in the event of a termination of the Net Metering Sales Agreement due to default of Lessor. The Premises, which shall endeavor include the Lease Area, Access Easement Area, Construction Easement Area, and Utility Easement Area, and the appurtenant rights are demised subject to tender possession the following: a. any encumbrances shown on the survey of the Premises; b. covenants, restrictions, easements, agreements, and reservations, as set forth in Exhibit A; c. present and future zoning laws, ordinances, resolutions, and regulations of the municipality in which the land lies, and all present and future ordinances, laws, regulations, and orders of all boards, bureaus, commissions, and bodies of any municipal, county, state, or federal authority, now or hereafter having jurisdiction, so long as they permit or otherwise regulate the use of the Premises for the Permitted Use (provided that Lessor shall not restrict or encumber the Premises for the Permitted Use after the Effective Date); d. the condition and state of repair of the Premises as the same may be on the Effective Date; e. all water charges, electric charges, and sewer rents, accrued or unaccrued, fixed or not fixed, from and after the Effective Date arising as a result of the construction and operation of the Solar Energy Facility, the Permitted Improvements, or any other appurtenant facilities or improvements associated with the Tenant Improvements and Permitted Use; and f. full compliance by the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; Lessee with all Applicable Legal Requirements (provided, however, if that Lessor shall not restrict or otherwise encumber the satisfaction Premises for the Permitted Use after the Effective Date). Exhibit A attached to this Agreement as of the requirements for Substantial Completion Effective Date includes the Parties’ initial approximation of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements Premises. Lessee shall be deemed permitted to occur when (as reasonably determined by Landlord) Substantial Completion replace Exhibit A with an updated description of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of drawings indicating the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in before commencement of installation work on the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurSolar Energy Facility.

Appears in 1 contract

Sources: Site Lease Agreement

Premises. Landlord shall endeavor to tender possession In consideration of the Premises (with the obligation of Tenant Improvements to pay rent as herein provided, and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms in consideration of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverother terms, then this Lease shall not be void or voidableprovisions and covenants hereof, Landlord shall not be liable hereby demises and leases to Tenant, and Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction hereby takes from Landlord that portion of the requirements for Substantial Completion of Core and Shell Work or building located at Eagle's Landing Trade Center 3, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ County, Georgia (the Tenant Improvements have been delayed by any Tenant Delay"BUILDING"), Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (known as reasonably Suite 100, containing approximately 505,000 square feet, as determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant as shown on EXHIBIT A attached hereto (both hereby agreeing to act reasonably with respect to granting such approvalthe "PREMISES"). “Tenant Delay” shall mean any delay in the commencement or completion , which square footage includes a pro rata share of the Core Building's electrical and Shell Work or sprinkler room for the TI Work that results from or arises out amount of any of square footage leased. The Building is situated on the following: (1) delays or failure of Tenant to deliver items land described in accordance with the Work Letter EXHIBIT B attached hereto as Exhibit G; (2) Tenant’s failure the "LAND"), and the Land, the Building and all other structures, improvements, fixtures and appurtenances now or hereafter placed, constructed or included on or appurtenant to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as Land, unless otherwise defined in the Work Letter) Lease, is hereinafter called the "PROJECT". The Project is currently known as Eagle's Landing Trade Center 3, and is more particularly described on EXHIBIT C attached hereto. This contract shall create the relationship of landlord and tenant between Landlord and Tenant; no estate shall pass tout of Landlord; Tenant has a usufruct, not subject to levy and sale, and not assignable by Tenant except as expressly set forth herein. In addition to the Premises, Landlord hereby grants to Tenant and its agents, employees, customers and invitees a non-exclusive right and easement to the use of those areas provided for the common use or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability benefit of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress all tenants of the work; Building and the public such as corridors, foyers, entryways, driveways, parking areas, all access and egress roads, and any and all other similar facilities (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect the "COMMON AREAS"). All Common Areas described above shall at all times be subject to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope exclusive control and management of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order RequestLandlord. Landlord shall endeavor have the right and responsibility to construct, operate and maintain the Common Areas in good faith condition and repair and to monitor and provide Tenant with at least thirty (30) days prior written notice safe and secure ingress and egress in a manner and to the extent that is standard for buildings of the date when Landlord believes the Term Commencement Date will occursimilar class, size, and location.

Appears in 1 contract

Sources: Lease Agreement (Carter Holdings Inc)

Premises. (a) For the Term defined in this Lease, Landlord shall endeavor does hereby lease and demise to tender possession Tenant, and Tenant does hereby hire and take from Landlord, the following described premises in the building located at and commonly known as ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ (hereinafter called the “Building”) situated in the city of Taylorsville, and State of Utah, to wit: 21,849 square feet of net rentable space on the third floor, as shown crosshatched on the floor plan(s) attached as EXHIBIT A (hereinafter called the “Premises”); together with any and all appurtenances, rights, privileges and easements pertaining thereto including, but not limited to, the non-exclusive right to use in common with Landlord and other occupants of the Building such elevators, stairways, corridors, entranceways, rest rooms, walkways, roadways, driveways, loading docks, parking facilities and other similar or related facilities as may exist in and about the Building and “Land” (as hereinafter defined) and be generally available to all occupants of the Building or be reasonably necessary for Tenant’s use and enjoyment of the Premises for the purposes set out in Paragraph 2 hereof (with hereinafter collectively called the Tenant Improvements “Common Areas”). The Building is a 4-story building containing approximately 113,224 square feet of net rentable space, and the Core parcel of land upon which the Building is located (herein called “Land”) consists of approximately 6.527 acres. A plot plan of the Land, Building and Shell Work Substantially Complete) other improvements is attached as EXHIBIT B. Landlord represents and warrants that Landlord is the fee owner of the Land and has full right and authority to lease the Premises to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as conditions set forth in this Lease or Lease. (b) Landlord hereby assigns, transfers, and conveys to Tenant, AS IS, without warranty, the Work Letter furniture and equipment listed and described in EXHIBIT C (including any failure hereinafter called the “Personal Property”). (c) Tenant shall also have the right to review or approve or disapprove any items in accordance with use during the Work Letter); (3) delays caused by Tenant Change Order Requests Term (as defined herein) of this Lease, AS IS, without warranty, any cabling and data infrastructure existing at the Premises as of the Effective Date of this Lease. (d) Landlord will provide an allowance of $0.10 per net rentable square foot at the Premises to cover the cost of a preliminary test fit by Tenant’s architect. This allowance will be in the Work Letterform of a credit against Rents otherwise owed hereunder by Tenant. (e) or TI Tenant Change Order Requests (as defined in The parties are exploring the Work Letter); (4) unavailability possibility of materials, components or finishes for Core and Shell Work expanding the Premises to include also a certain amount of space on the first/main floor or the Tenant Improvements that differ from Landlord’s standard work or that have third floor, as the case may be, of the Building for Information Technology infrastructure. If the parties reach an unusually long lead-time agreement to so expand the Premises, then notwithstanding the foregoing provisions of this Paragraph 1.1 for delivery; all purposes of this Lease (5) a willful or negligent act or omission including without limitation Paragraphs 1.1(a), 1.1(d), the calculation of Tenant or Base Rent under Paragraph 4.1, Additional Rent under Paragraph 4.2 and the calculation of Tenant’s Agents that interferes Share, the TIA under Paragraph 7.1(a)) the net rentable square footage under this Lease shall be increased by such additional space on the first/main floor. The parties shall memorialize, in an addendum to this Lease to be signed by both parties, any such agreed upon expansion of the Premises, consistent with the progress last sentence of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurParagraph 38.8.

Appears in 1 contract

Sources: Lease (Otix Global, Inc.)

Premises. Landlord shall endeavor leases to tender possession of Tenant and Tenant leases from Landlord the Premises, together with the right in common with others to use the Common Areas. Tenant accepts the Premises, Building and Common Areas “AS IS”, without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease (other than Landlord’s obligation to perform Landlord’s Work prior to the Commencement Date). Landlord and Tenant stipulate and agree to the RSF calculations set forth in Section 1 above without regard to actual measurement and agree that the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidablesubject to remeasurement by either party. (a) Landlord shall cause to be constructed, in compliance with applicable Laws, the improvements, modifications and alterations to the Premises set forth on and in accordance with Exhibit “C” (the “Landlord’s Work”). In constructing the Landlord’s 126390.00400/118481426v.4 04/15/2019 05:55 A4P4 Work, Landlord shall use Building standard materials and finishes (unless otherwise provided on Exhibit “C”) and Landlord reserves the right, with Tenant’s consent, not to be unreasonably withheld, to make substitutions of material of equivalent grade and quality if any specified material shall not be liable readily and reasonably available. Upon the Landlord’s Work being Substantially Completed, Landlord shall notify Tenant, and Tenant or its Agents shall inspect the Landlord’s Work with Landlord within five (5) business days of receipt of such notice from Landlord. Within three (3) business days following such inspection, Tenant shall deliver to Tenant for any loss Landlord a punchlist of defective or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction incomplete portions of the requirements for Substantial Completion of Core and Shell Work Landlord’s Work. Landlord shall cause such punchlist items to be repaired or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within completed within thirty (30) days after Substantial Completion of Core Landlord’s receipt of the punchlist. Upon completion of all punchlist items to Tenant’s reasonable satisfaction, it shall be presumed that all of the Landlord’s Work shall be free from latent defects in materials and Shell workmanship, excluding however, all repairs required in connection with routine maintenance and those repairs caused by Tenant. The total cost of Landlord’s Work and shall be deducted from the Tenant Improvement Allowance (as hereinafter defined) prior to the disbursement to Tenant for any of the Tenant Improvements, . In the event the cost of Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or exceeds the Tenant Improvements that differ Improvement Allowance, Tenant shall be responsible for the payment of such excess amount. Landlord will use commercially reasonably efforts to obtain industry standard warranties from the contractors and vendors performing Landlord’s standard work Work. To the extent Tenant is responsible for maintaining any Building Systems, or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope components of the Tenant Improvements be modified in connection with or Landlord’s Work, and such Building Systems or components of the Budget; Tenant Improvements or Landlord’s Work are covered by a manufacturer’s or contractor’s warranty running to Landlord’s benefit, Landlord shall use reasonable efforts to enforce the terms of such warranty such that Tenant receives the benefit thereof. (7b) delays caused by any revision Notwithstanding anything herein to the Budget contrary, to the extent that the Substantial Completion of Landlord’s Work is delayed by Tenant Delay, then Tenant’s obligation to pay Rent hereunder shall not be affected or TI deferred on account of such delay and, the Commencement Date shall be deemed to be the date upon which Landlord’s Work would have been Substantially Completed solely but for such Tenant Change Order Request. Landlord Delay and the Term shall endeavor in good faith be extended for the number of days attributable to provide Tenant with at least thirty Delay (30) days prior written notice and Minimum Annual Rent during such extended period shall be the Minimum Annual Rent attributable to the last year of the initial Term). (c) Following the determination of the Commencement Date, the parties shall execute a commencement date when Landlord believes memorandum memorializing the Term Commencement Date will occurDate, Free Rent Period, Expiration Date, Tenant’s acceptance of the Premises and such other items reasonably requested by Landlord.

Appears in 1 contract

Sources: Lease Agreement (Penumbra Inc)

Premises. Landlord shall endeavor does hereby rent and lease to tender possession Tenant and Tenant does hereby rent and lease from Landlord the Premises identified in the Basic Lease Provisions located in the building(s) situated on the real property identified in the Basic Lease Provisions (the “Property”) as more particularly set forth on the site plan attached hereto as Exhibit A, such Premises as further shown by diagonal lines on the drawing attached hereto as Exhibit “A-1” and made a part hereof by reference. The “Property” includes the land and the building(s) in which the Premises is located. Tenant has inspected the Premises and agrees to accept the same “AS IS,” without representation or warranty on the part of Landlord or any agreement of Landlord to perform any improvements therein, except as expressly set forth in this Section 1, Section 11 below, and Exhibit “B” attached hereto and made a part hereof. Landlord covenants that, during the term of this Lease, as such term may be extended, no other tenant or occupant of the Property besides Tenant may use the address “120 Baytech Drive”. Landlord represents to Tenant that to Landlord’s actual knowledge (without duty of inquiry), the Property is currently in compliance with all applicable Premises Laws (as defined in Paragraph 12 of this Lease). In addition, Landlord agrees to perform, at Landlord’s sole cost and expense, any improvements or alterations to the exterior of the Premises (with and/or to the Tenant Improvements and common areas of the Core and Shell Work Substantially Completebuilding in which the Premises are located necessary to cause such area(s) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements comply with any Premises Laws applicable to such area(s) as required pursuant to the terms of the Work Letter date of this Lease, unless the requirement to perform such work was triggered by any improvement work performed by Tenant or on Tenant’s behalf (other than the Landlord’s Work), by any requirements of the Food & Drug Administration (or any related or successor entity or similar state or local entity), or by Tenant’s particular use of the Premises. Notwithstanding the foregoing, in no event shall Landlord be required to cause any portion of the Property, including, without limitation, the building in which the Premises are not Substantially Complete on or before located, to comply with any version of the Estimated Delivery Date for any reason whatsoeverCalifornia Uniform Building Code (the “UBC”) other than the 1997 version of the UBC, then this Lease shall not be void or voidablewhich, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and parties hereto acknowledge, was the Tenant Improvements occursversion in effect when the building in which the Premises are located was constructed; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delaythat Landlord shall construct, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, at Landlord’s architect sole cost and expense, the exterior egress ramp as depicted on the space plan provided by Tenant, prepared by ▇▇▇▇▇▇▇ ▇▇▇▇, Architect, dated November 10, 2003, bearing Job. No. 03084 and Sheet Title: Bay Tech SK-1, and shall calculate and certify comply with all current Premises Laws in writing to Landlord and Tenant the Rentable Area of the Premises in accordance connection with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval)ramp. “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth Notwithstanding anything contained in this Lease or to the Work Letter (including any failure contrary, Landlord hereby warrants to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (that as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; Commencement Date, the HVAC, electrical, plumbing, life safety, roof and lighting systems serving the Premises (6collectively, the “Premises Systems”) failure will be in good condition and working order. The warranty of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the BudgetPremises Systems contained in the preceding sentence shall terminate ninety (90) days after the Commencement Date. Accordingly, Tenant shall deliver a list of the Premises Systems that are not in good condition and working order, if any (except to the extent caused by Tenant’s negligence or willful misconduct), within ninety (90) days after the Commencement Date and Landlord agrees to proceed with due diligence to perform its obligations regarding such items. Landlord and Tenant agree that the number of rentable square feet described in Paragraph 2 of the Basic Lease Provisions has been confirmed and conclusively agreed upon by the parties. No easement for light, air or view is granted hereunder or included within or appurtenant to the Premises. Tenant shall have the non-exclusive right, in common with the other parties occupying the Property, to use the grounds, landscaped areas, benches, sidewalks, parking areas, trash collection areas, driveways and alleys of the Property (the “common areas”), subject to such reasonable, non-discriminatory rules and regulations as Landlord may from time to time prescribe; provided, however, that Landlord shall give Tenant advance written notice of any changes in the rules and regulations. Tenant may park only up to the maximum number of automobiles and trucks shown in Item 9 of the Basic Lease Provisions in the parking area serving the Premises on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget non-exclusive basis. Outside storage, including, without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent, which may be withheld in Landlord’s sole and absolute discretion. Tenant shall not succeed to any of Landlord’s easement rights over and relating to the Property, nor shall Tenant obtain any rights to common areas, as designated by Landlord, other than those rights specifically granted to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Requestthis Lease. Landlord shall endeavor have the sole right of control over the use, maintenance, configuration, repair and improvement of the common areas, which Landlord shall keep neat and clean and in good faith condition and repair. Landlord may make such changes to provide Tenant with at least thirty (30) days prior written notice the use or configuration of, or improvements comprising, the common areas as Landlord may elect without liability to Tenant, provided that Landlord shall not have the right to make any changes that materially adversely affect Tenant’s vehicular parking rights shown in Item 9 of the date when Landlord believes Basic Lease Provisions or Tenant’s access to the Term Commencement Date will occurPremises.

Appears in 1 contract

Sources: Industrial Lease Agreement (Applied Imaging Corp)

Premises. Landlord shall endeavor 1.1 Subject to tender possession all of the terms and conditions set forth in this Lease, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those certain premises (the "LEASED PREMISES"), as described in attached Exhibit A --------- The Leased Premises are part of the office building known as ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (with the Tenant Improvements "BUILDING"), located in San Francisco California. As used herein the term "BUILDING" includes the Building, the underlying land and all improvements thereon and appurtenances thereto. The Premises and the Core and Shell Work Substantially Complete) to Tenant on or before Building contain the Estimated Delivery Date. If Core and Shell Work or rentable square footage set forth in the Tenant Improvements as required Basic Lease Information (calculated pursuant to the terms American National Standard method adopted by the Building Owners and Managers Association International). The Building, the land and improvements under and surrounding the Building and designated from time to time by Landlord as laud or common areas appurtenant to the Building, together with utilities, facilities; drives, walkways and other amenities appurtenant to or servicing the Building are herein sometimes collectively called the "REAL PROPERTY." Tenant is hereby granted the right to the non-exclusive use of the Work Letter are not Substantially Complete on common corridors and hallways, stairwells, elevators, electrical and telephone closets, restrooms and other public or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurscommon areas; provided, however, if that the satisfaction of maximum in which the requirements for Substantial Completion of Core public and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core common areas are maintained and Shell Work and the Tenant Improvements operated shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and at the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure sole discretion of Landlord and the use thereof shall be subject to such rules, regulations and restrictions as Landlord may make from time to time. Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect shall also have the right to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope non-exclusive use of the Tenant Improvements loading dock of the Building without charge, which use shall also be modified in connection with subject to such rules, regulations and restrictions as Landlord may establish or alter at any time or from time to time during the Budget; term hereof. Landlord reserves the right to make alterations or (7) delays caused additions to or to change the location of elements of the Real Property and the common areas thereof. 1.2 The term "RENTABLE AREA" shall be computed by any revision measuring from the inside surface of the exterior glass of the outer building walls, to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith center of corridor walls, and to provide Tenant with at least thirty (30) days prior written notice the center of all partitions which separate the Leased Premises from adjoining areas, plus Tenant's pro rata portion of areas common to all tenants of the date when Landlord believes Building including, without limitation, corridors, lobbies, rest rooms, public areas, mechanical, electrical, telephone, janitorial or equipment room, closet or space, and spaces within the Term Commencement Date will occurentire Building. Elevator shafts shall be excluded in computing Rentable Area.

Appears in 1 contract

Sources: Office Lease (Digital Island Inc)

Premises. Landlord shall endeavor SpectraSite hereby grants Amica the right to tender possession install, maintain, operate and remove wireless communications equipment and appurtenances on Tower Facilities owned by SpectraSite which are located on certain property leased by SpectraSite (by virtue of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) transfer of Prime Leases from Amica to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required SpectraSite, pursuant to the Asset Purchase Agreement entered into between the parties or by virtue of the site acquisition services performed by SpectraSite on behalf of Amica pursuant to Article I of this Agreement) and to install additional equipment on the ground in the vicinity of the Tower Facilities. Each individual Tower upon which Amica has attached Equipment and each Property upon which Amica has constructed installed equipment and other improvements pursuant to this Master Lease between SpectraSite and Amica shall each be considered and referred to as a separate site for purposes of this Master Lease ("Site"). Each Site shall be identified by separate site lease agreements ("SLAs") which shall be attached hereto when executed and incorporated by reference into the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverthis Master Lease, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion a prototype of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter is attached hereto as Schedule "V". Each SLA shall include a legal description of the real property upon which the Tower is situated (the real property described in the various SLAs as Property may hereinafter be individually or collectively referred to as the "Property or Properties"), a legal description of any easements for ingress, egress and utilities (the real property described in the various SLAs as Easement may hereinafter be individually or collectively referred to as the "Easement or Easements"), and description of Amica's equipment which will be located on the Site ("Equipment"). SpectraSite hereby grants to Amica the right to install, maintain and operate Amica's wireless communications equipment and appurtenances on a tower owned by SpectraSite ("Tower"), which is located on certain real property leased by SpectraSite more particularly described in Exhibit G; "A" attached hereto (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter"Property"); and to install, maintain, operate and remove Amica's wireless communications equipment, antennas and related devices (3including, but not limited to emergency generators, equipment shelters, equipment cabinets, all necessary test equipment and any temporary construction materials) delays caused owned by Tenant Change Order Requests Amica on a seven hundred (as defined in the Work Letter_700_) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress square foot portion of the work; Property at a location to be agreed upon in writing between SpectraSite and Amica (6) failure the space occupied by Amica on the Property and the Tower hereinafter shall be referred to collectively as the "Premises"). SpectraSite also grants Amica rights of Landlord ingress, egress and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect utilities to the BudgetPremises twenty-four (24) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or hours per day, seven (7) delays caused by days per week during the Initial Term and any revision Renewal Term (as hereinafter defined in paragraphs 3 and 4) of this Master Lease over that real property described in Exhibit "B" attached to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty SLA (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur"Easement").

Appears in 1 contract

Sources: Master Design Build Lease Agreement (Spectrasite Holdings Inc)

Premises. (a) The Premises demised by this Lease (the “Premises”) will consist of a “Rentable Area” of approximately 150,000 gross square feet in above-ground office space, which constitutes the entire rentable area of two interconnected buildings (collectively referred to herein as the “Building”) to be constructed by Landlord as part of the Annapolis Point Corporate Center mixed use development in A▇▇▇ Arundel County, Maryland (the “Project”), which building is to be known as One Annapolis Point, together with the right throughout the Term of this Lease to use parking facilities and other Common Areas (as defined herein) all as more particularly set forth herein. The parties agree that the name of the Project may be changed by Landlord at any time prior to Substantial Completion of construction of the Building. The land upon which the Building is situated (the “Land”) is depicted on the site plan attached hereto as Exhibit B (the “Site Plan”) and incorporated herein by reference, and labeled thereon as the “Land”. The Land and the Building, together with the rights of the owner of the Land and Building in and to the surface parking facilities serving, inter alia, the Building are collectively referred to herein as the “Property”. The Premises is depicted in the drawing attached hereto as Exhibit A and incorporated herein by reference. Upon completion of design development drawings for the Building, the Premises will be measured in accordance with the most recent BOMA standard method of measurement. (b) The “Rentable Area” of each of the Premises and Building shall endeavor be subject to tender possession readjustment or re-measurement in the event of casualty or condemnation that requires a reconstruction or restoration of the Building or a part thereof, or by any contraction of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements such as required pursuant due to the terms exercise by Landlord of a right of recapture provided for hereunder), in each case with such re-adjustment or re-measurement to be limited solely to the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area portion of the Premises in accordance with Article 9or Building, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in as the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialscase may be, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurdirectly affected thereby.

Appears in 1 contract

Sources: Deed of Lease (Telecommunication Systems Inc /Fa/)

Premises. Landlord shall endeavor Marapharm, in consideration of the rents reserved and the terms, conditions, covenants and agreements herein contained, hereby leases to tender possession Tactical Relief, and Tactical Relief hereby hires from Marapharm, that certain portion of the Land set forth on Exhibit B hereto (the “Premises”), together with all rights which apply to and/or benefit the Premises, whether now or hereafter acquired, including all rights, privileges, tenements, licenses, hereditaments, rights-of-way, easements, utility use, appendages and appurtenances appertaining thereto, all betterments, additions, alterations, substitutions, replacements and revisions thereof and thereto, but subject to all rights-of-way, easements, restrictions and encumbrances of record, and the Improvements (as such term is defined in Section 16 hereof, which does not include the Tactical Relief building and equipment).Marapharm and Tactical Relief acknowledge and agree that the first footprint of the Premises (with will be set at 15,000 sq. ft., which will include enough space for Tactical Relief’s approximately 9,000 sq. ft. building, plus parking and set back areas as required under applicable law, and that the Tenant Improvements footprint of the Premises may be increased during the Lease term subject to the mutual written agreement of the ▇▇▇▇▇▇▇.▇▇ entering into this Lease, Tactical Relief accepts the Premises in the condition they are in as of the date of this Lease, as is, without warranty or representation of any kind as to the condition or quality of the Premises.Tactical Relief represents that the Premises, including the improvements thereon, utilities, subsurface conditions, and the Core present uses and Shell Work Substantially Complete) non-uses thereof, have been examined by Tactical Relief, and Tactical Relief accepts the same, without recourse to Tenant on Marapharm except as expressly provided in this Lease, in the condition and state in which they or before the Estimated Delivery Date. If Core and Shell Work any of them now are, without representation or the Tenant Improvements warranty, express or implied in fact or by law, as required pursuant to the terms nature, condition or usability thereof or as to the use or uses to which the Premises or any part thereof may be put or as to the prospective income from, and expenses of operation of, the Work Letter Premises. The Premises are not Substantially Complete on or before leased together with and subject to the Estimated Delivery Date following: (a) The non-exclusive right of Tactical Relief to construct, install, maintain, repair, replace, use and operate, in, on, over and across the Premises, such roads as may be required for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable reasonable access to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of from the Premises in accordance with Article 9plans approved in advance by Marapharm, which calculation must approval shall not be approved unreasonably withheld or delayed. (b) The non-exclusive right of Tactical Relief to acquire, construct, install, maintain, repair, replace, use and operate, in, on, over and across the Premises, such electric power, water, sanitary, storm sewer, and other utility lines serving the Premises as may be reasonably required in order for Tactical Relief to operate the Premises for the permitted use set forth in Section 5, to the extent required by Landlord law, provided that such electric power, water, sanitary, storm sewer, and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” other utility lines shall mean any delay in the commencement or completion of the Core be located, designed and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items constructed in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth plans approved in this Lease advance by Marapharm, which approval shall not be unreasonably withheld or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurdelayed.

Appears in 1 contract

Sources: Land Lease (Allied Corp.)

Premises. Landlord hereby leases to Tenant the Premises, but excluding the Common Area (as herein defined) and any other portion of the Building, the Land, Property and/or the Project. Tenant (i) ACCEPTS THE PREMISES "AS-IS," WITH TENANT ACCEPTING ALL DEFECTS, IF ANY; AND LANDLORD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES (WITHOUT LIMITATION, LANDLORD MAKES NO WARRANTY AS TO THE HABITABILITY, FITNESS OR SUITABILITY OF THE PREMISES FOR A PARTICULAR PURPOSE, NOR AS TO COMPLIANCE WITH ANY APPLICABLE LAWS (AS HEREIN DEFINED), OR AS TO THE ABSENCE OF ANY TOXIC OR OTHERWISE HAZARDOUS MATERIALS), (ii) acknowledges that the Premises are acceptable for Tenant's use, and (iii) waives all claims of defect in the Premises and any implied warranty that the Premises are suitable for Tenant's intended purposes. On the Commencement Date, Landlord shall endeavor to tender possession deliver the Premises broom clean and free of debris with the existing mechanical systems, plumbing system, and heating, ventilation and air conditioning system serving the office portion of the Premises (but not the HVAC system serving the warehouse portion of the Premises, if any) (the “HVAC System”), in good operating condition on the Commencement Date and Landlord warrants that the HVAC System shall continue to operate in good working order for the period ending on the date sixty (60) days after the Commencement Date (the “HVAC Warranty Period”), except to the extent such failure in the HVAC System to operate in good working order is caused by Tenant’s use or alterations to the Premises or failure to properly maintain the HVAC System as required by this Lease. If a non-compliance with the foregoing exists as of the Commencement Date, Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant Improvements setting forth with specificity the nature and the Core and Shell Work Substantially Complete) extent of such non-compliance, commence to Tenant on or before the Estimated Delivery Daterectify same at Landlord’s expense. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms does not give Landlord written notice of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within a non-compliance within thirty (30) days after Substantial Completion the Commencement Date, correction of Core that non-compliance shall be the obligation of Tenant at Tenant’s sole cost and Shell Work expense. If a non-compliance with the HVAC warranty exists at any time prior to the expiration of the HVAC Warranty Period, Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, commence to rectify same at Landlord’s expense. If Tenant does not give Landlord written notice of a non-compliance on or before the expiration of the HVAC Warranty Period, correction of that non-compliance shall be the obligation of Tenant at Tenant’s sole cost and expense. Notwithstanding the foregoing, at Landlord’s sole cost and expense, Landlord shall perform the following improvements in the Premises prior to the Commencement Date (collectively, “Landlord Work”): (a) re-floor as floored areas in the office portion of the Premises; (b) repaint all painted walls in the office portion of the Premises; and (c) install LED high bay warehouse lights with motion sensors in the warehouse portion of the Premises. Tenant hereby acknowledges that the area of the Premises, the Building and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as Project set forth in this the Basic Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialsInformation is approximate only, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant accepts and agrees to agree (be bound by such figures for any reason, provided Landlord acts all purposes in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Requestthis Lease. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.

Appears in 1 contract

Sources: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)

Premises. Landlord shall endeavor to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant Subject to the terms and conditions hereof (including, without limitation Section 2.3 below), Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises, together with the non-exclusive rights, privileges, benefits, rights-of-way and easements now or hereafter, appurtenant or belonging thereto, whether arising under any private or public grant or authority, including, without limitation, the direct right of ingress to and egress from the Premises and the streets shown on the Site Plan through the entrances shown on the Site Plan (subject in each case to Landlord’s rights pursuant to Section 2.2 to modify the configuration of the Work Letter are Center), and an irrevocable right and non-exclusive easement for Tenant, its employees, patrons and invitees to use the Common Areas (including the Parking Areas), for their intended purposes throughout the Term, subject to the terms hereof. (a) If the legal description of the Demised Land (Exhibit B-1) is not Substantially Complete on or before attached hereto as of the Estimated Delivery Date for any reason whatsoeverEffective Date, then this Lease shall not be void or voidable, Landlord shall prepare same for Tenant’s review and approval pursuant to Section 2.3 below and, upon approval by Tenant, such legal description shall be attached hereto and made a part hereof as Exhibit B-1 with the same force and effect as if attached hereto prior to the execution of this Lease. (b) Further, notwithstanding anything to the contrary contained herein, for purposes of Tenant’s obligations under this Lease, the Premises shall be deemed not be liable to Tenant for include any loss land (whether or damage resulting therefrom not depicted on Exhibit A or described on Exhibit B-1 attached hereto) or facilities (including landscaping and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction hardscape features) that are located outside of the requirements for Substantial Completion exterior “footprint” of Core the Building (subject to Tenant’s right to make alterations to the Building in accordance herewith), other than the canopies, building lighting and Shell Work or signage that are attached to the Tenant Improvements have been delayed by any Tenant DelayBuilding, Substantial Completion of Core which land and Shell Work and the Tenant Improvements facilities shall be deemed to occur when be “Common Areas” hereunder (such that Landlord, not Tenant shall be responsible for the maintenance and repair of such land and facilities). In addition, if the Demised Land has not been subdivided as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and a separate lot at the Tenant Improvements would have occurred if time the legal description thereof is set forth on Exhibit B-1, then at such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and time as the Tenant ImprovementsDemised Land is subdivided as a separate lot, Landlord’s architect shall calculate and certify in writing the Parties will amend Exhibit B-1 to Landlord and Tenant reflect the Rentable Area legal description of the Premises in accordance with Article 9, which calculation must be approved Demised Land by Landlord and Tenant (both hereby agreeing reference to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) subdivided number on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurrecorded plat.

Appears in 1 contract

Sources: Lease Agreement (Cinemark Holdings, Inc.)

Premises. Landlord shall endeavor to tender possession For and in consideration of the Premises (with the Tenant Improvements covenants and the Core and Shell Work Substantially Complete) agreements contained herein, Landlord does hereby lease to Tenant on or before the Estimated Delivery Datefollowing: an undivided one third portion of Unit 10A (collectively the “Premises”) in the Broadway Millennium Building, located at ▇▇ ▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ (the “Building”). If Core The Premises consist of a total of approximately 2131 gross square feet (useable interior office space and Shell Work or the Tenant Improvements as required pursuant common area appurtenant and/or allocated to the terms Premises), Tenant’s portion of Unit 10A is an unallocated and undivided 710.33 gross square feet. The Premises are generally described in Exhibit A attached hereto and incorporated herein by this reference. As long as this Lease remains in effect and Tenant is not in default hereunder beyond any applicable period of notice and cure, Tenant shall have the nonexclusive right to use, in common with Landlord, other tenants, subtenants, employees and invitees, all entrances, stairs, restrooms and service corridors; trash enclosure, maintenance, mechanical, electrical and telephone rooms; and other public portions of the Work Letter Building not leased or designated for the exclusive use of specific tenants or other occupants of Building and that are not Substantially Complete on or before designated for the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom common use of all tenants and occupants of the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and Building (the Tenant Improvements occurs“Common Area”); provided, however, if that Landlord shall have the satisfaction right at any time, upon reasonable advance notice to Tenant (except in case of emergency, when no advance notice will be required), to exclude access to or from the Common Area as Landlord may reasonably determine so long as reasonable access to the Premises is not unreasonably denied. All of the requirements for Substantial Completion of Core outside walls and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area windows of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay space in the commencement Premises used for shafts, stacks, pipes, conduits, ducts, and electric or completion other utilities, sinks, or other Building facilities, and the use thereof and access thereto through the Premises for the purpose of operation, replacement, maintenance and repair, are reserved to Landlord; provided, however, Landlord shall not block any of the Core windows in the Premises or otherwise materially and Shell Work or adversely affect Tenant’s business operations in the TI Work that results from or arises out Premises through its use of any of the following: foregoing, and any access through the Premises for such use shall be after reasonable prior notice to Tenant during reasonable times. ▇▇▇▇▇▇ acknowledges and agrees that it will share the interior and exterior of Unit 10A, along with two parking spaces, with other tenants, including, the ▇▇▇▇▇▇▇ Hole Wildlife Foundation and the Meridian Group, Inc. (1“Co-Tenants”) delays or failure of Tenant shall obtain an agreement between Tenant and Co-Tenants within Unit 10A as to deliver items in accordance with how the Work Letter attached hereto as Exhibit G; Premises and assigned parking spaces are to be divided between them (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter“Co-Tenant Agreement”); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress . Such division of the work; (6) failure of Landlord Premises and parking spaces shall be between Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurCo-Tenants and not involve Landlord.

Appears in 1 contract

Sources: Lease Agreement

Premises. Landlord shall endeavor Subject to tender possession and with the benefit of the Premises provisions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord, the Rentable Floor Area of Tenant’s Space in the Building (hereinafter, the “Tenant’s Space”), together with the Tenant Improvements appurtenances described below and in Section 10.14 of this Lease. Tenant’s Space, as the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not same may be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises expanded in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement Exhibit C or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items reduced in accordance with Section 10.22, together with such appurtenances, is hereinafter collectively referred to as “the Work Letter Premises”. Tenant shall have, as appurtenant to the Premises, the right to use, in common with other tenants of the Building, the area shown as “Building Parking Area” on the plan attached hereto as part of Exhibit A, all subject to and as further provided in Section 10.14 hereof. Tenant shall have, as appurtenant to the Premises, the right to use in common with others entitled thereto (including, but not limited to, other tenants of the Building), subject to reasonable rules of general applicability to tenants and owners of other lots in the park shown on the Plan of the Park attached hereto as part of Exhibit A (the “Park”) from time to time made by Landlord in accordance with Section 6.1.4 of which Tenant is given written notice: (a) the common areas now or hereafter located in the Building or at the Park (the “Common Areas”), including, without limitation, the duct shafts, electrical and common risers, main electrical and furnace room, restrooms, fitness center, cafeteria, elevator(s), atriums, loading dock, dumpster and the Common Areas shown on the Plan of the Park attached hereto as Exhibit G; (2) A, as such Common Areas may be altered or modified by Landlord from time to time during the Term hereof, it being understood and agreed that any alterations or modifications materially affecting the Lot, or otherwise materially interfering with Tenant’s failure to fulfill use and operation of its obligations as set forth business thereon, shall require Tenant’s prior written approval, which such approval may not be unreasonably withheld or delayed (unless there is a material interference with Tenant’s use and operation of its business thereon, whereupon approval may be withheld in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work LetterTenant’s sole direction); (3b) delays caused all rights to access, all service areas, all loading areas, drainage of surface water runoff, including, without limitation, storm drainage systems and detention areas, (c) all grades, driveways, roadways, sidewalks and footways, lighting systems and traffic flow patterns, (d) all parking areas designated as common or visitors parking areas for use of the entire Park, if any, (e) all rights appurtenant to the Lot created in or conveyed by Tenant Change Order Requests the deed to Landlord, if any, (as defined f) all means of access to and from the Building to the Common Areas, including, without limitation, all sidewalks, roads, driveways and the like, and (g) all utility lines, electricity, water and sewage disposal. Landlord agrees to maintain continuous food service and a fitness center at the Building during the entire Term. Landlord reserves the right from time to time, without unreasonable interference with Tenant’s use, and subject to the preceding paragraph, to install, repair, replace, use, maintain and relocate for service to the Premises and to other parts of the Building or either, building service fixtures and equipment wherever located in the Work LetterBuilding, provided that: (a) any substitutions are equivalent or TI Tenant Change Order Requests better quality and capacity and (as defined in the Work Letter); (4b) unavailability of materials, components or finishes for Core such fixtures and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or equipment are placed above Tenant’s Agents that interferes with the progress of the work; (6) failure of ceilings, behind its walls and below its flooring. In connection therewith, Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith agrees to provide Tenant with at least thirty (30) days prior written reasonable notice of before any such entry into the date when Landlord believes Premises and to repair any and all damage resulting therefrom, restoring the Term Commencement Date will occurPremises to the substantially similar condition it was in prior to any such entry.

Appears in 1 contract

Sources: Lease Agreement (Aspen Technology Inc /De/)

Premises. Landlord Lessor hereby leases unto Lessee the Premises, together with the benefit of, and subject to (as the case may be) all rights, easements, covenants, conditions, encumbrances, encroachments and restrictions of record as of the date of this Lease. Lessor shall endeavor have the right, without the necessity of obtaining Lessee’s consent thereto or joinder therein, to tender possession grant, permit, or enter into during the term of this Lease such additional rights, easements, covenants, conditions, encumbrances, encroachments and restrictions with respect to the Land as Lessor may deem appropriate, provided that no such rights, easements, covenants, conditions, encumbrances, encroachments or restrictions shall materially affect Lessee’s use of the Premises (with for the Tenant Improvements Permitted Use. Lessor further hereby reserves the right to install, maintain, use, repair and replace pipes, ducts, wires, meters and any other equipment, machinery, apparatus and fixtures located within the Core Premises and Shell Work Substantially Complete) serving other parts of the Building, provided that the Lessor gives the Lessee reasonable notice. In addition, in exercising any right to Tenant on or before enter the Estimated Delivery DatePremises, the Lessor shall use reasonable efforts to minimize disruption to Lessee’s use of the Premises. If Core Lessee, its employees and Shell Work or the Tenant Improvements as required pursuant invitees shall have access to the terms Premises twenty-four (24) hours per day, seven (7) days per week, subject to Lessor’s reasonable security procedures. Lessee. shall be permitted to operate its business in the Premises outside of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when Building hours (as reasonably determined by Landlord) Substantial Completion set forth in Paragraph 1 of Core Exhibit C attached hereto), but Lessee shall pay to Lessor, as Additional Rent, the cost of supplying services to the Premises, as described on Exhibit C at times other than such Building hours, such payment to be due and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within payable no later than thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing Lessor gives written notice to Landlord and Tenant the Rentable Area Lessee of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting amount of such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurcharges.

Appears in 1 contract

Sources: Lease (Elixir Pharmaceuticals, Inc.)

Premises. Landlord Lessor hereby leases to Lessee, and Lessee leases from Lessor, for the term, at the rental and upon all the conditions set forth herein, that certain real property situated in the County of Maricopa, State of Arizona, commonly known as ABCO/43RD AVE. DISTRIBUTION BLDG, PH II, Phoenix, Arizona, and described as an approximate 171,187 square feet of to be constructed multi-tenant industrial space, together with certain improvements to be constructed therein at Lessor's sole cost and expense, (see Exhibits "A" through "E" attached hereto). Office improvements are to be constructed by Lessor at its sole cost and expense, as shown on Exhibit "B" attached hereto. The building tenant improvements and the parking lot improvements are hereinafter collectively referred to as "Tenant Improvements." Lessor hereby agrees to use its best efforts to complete the premises for Tenant fixturization by July 15, 1990. The building is located at ▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ (see Exhibit "C" for legal description), hereinafter referred to as the "Real Property". The building shall endeavor to tender possession be in conformity with plans and specifications that have been, or will be, approved jointly by Lessor and by Lessee. Lessee shall have designated and/or defined exclusive use of specific parking facilities on the Real Property, as reflected on Exhibit "D". The square footage of the Premises (with building space being leased under the terms hereof, is approximately 81,514 square feet. Any improvements to the Premises, in addition to the Tenant Improvements described above, which may be desired by Lessee from time to time during the Term of this Lease, as may be extended, shall be constructed or installed by Lessor if requested by Lessee, and provided that Lessor agrees to do so. In the event Lessor agrees to construct or install such improvements, all costs of such construction and/or installation shall be paid by Lessee to Lessor at such times, and in such amounts as may be reasonably agreed to by Lessor and Lessee. Such real property, including land and improvements, and the Core and Shell Work Substantially Complete) to Tenant on or before parking facilities, as above described, are hereafter called "the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPremises".

Appears in 1 contract

Sources: Lease (Schein Pharmaceutical Inc)

Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, on the terms and conditions set forth herein, the space outlined on the attached Exhibit A (the “Premises”). The Premises are located on the floor(s) specified in Paragraph 2 below of the building known as ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ Way, San Jose, California (the “Building” or the “110 Building”). The Building is a part of the multi-building office project shown on attached Exhibit A (the “Project”) which Project consists of five (5) buildings, surface parking areas (“Parking Areas”), plaza areas, landscaping and other improvements. The land on which the Project is located and the improvements thereon are referred to herein as the “Real Property.” Tenant’s lease of the Premises shall endeavor include the right to tender possession use, in common with others and subject to the other provisions of this Lease, the public lobbies, entrances, stairs, elevators and other public portions of the Building, as well as the common areas of the other portions of the Real Property that are pertinent to Tenant’s occupancy and use of the Premises (collectively, the “Common Areas”). Tenant shall comply with all recorded covenants, conditions and restrictions, easements and reciprocal easement agreements (“CC&Rs”), currently or hereinafter affecting the Tenant Improvements Real Property and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then agrees that this Lease shall not be void or voidable, Landlord shall not automatically be liable to Tenant for any loss or damage resulting therefrom subject and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurssubordinate thereto; provided, however, if that Tenant will not be required to comply with, and this Lease will not be subordinate to, any CC&Rs created after the satisfaction date hereof which have a materially adverse effect on Tenant’s use of or access to the Premises or Parking Areas, materially increase Tenant’s obligations hereunder or materially diminish Tenant’s rights hereunder, except to the extent the same are mandated by law. All of the requirements windows and outside walls of the Premises and any space in the Premises used for Substantial Completion of Core and Shell Work shafts, stacks, pipes, conduits, ducts, electrical equipment or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing other utilities or Building facilities are reserved solely to Landlord and Tenant the Rentable Area Landlord shall have rights of access through the Premises in accordance with Article 9for the purpose of operating, which calculation must be approved by Landlord maintaining and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in repairing the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occursame.

Appears in 1 contract

Sources: Office Lease (Zscaler, Inc.)

Premises. 1.1 Upon the conditions, limitations, covenants and agreements herein set forth, Landlord hereby agrees to lease to Tenant, and Tenant hereby accepts, hires and leases from Landlord certain real property improved with a two-story building containing approximately Sixty One Thousand One Hundred Twenty Two (61,122) gross square feet, bearing a street address of 1500 ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇ more particularly set out on Exhibits A and A1 attached hereto and incorporated herein by reference (herein referred to as the "Premises"). The Premises shall endeavor include the building located thereon, parking areas, landscaping, walkways, driveways, service areas and any other improvements now existing or hereafter erected thereon. 1.2 This Lease shall be subject to tender possession all existing and future covenants, conditions, restrictions, reservations and easements now or hereafter recorded against the Property; provided however that no future covenant, condition, restriction, reservation or easement shall materially and adversely affect Tenant's or any subtenant's use of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery DatePremises, including its quiet possession thereof. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms EFFECTIVENESS - SALE/LEASE BACK - CONDITION OF PREMISES 2.1 The effectiveness of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable expressly subject to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction Closing of the requirements real estate purchase transaction between Tenant, as seller, and Landlord, as buyer, for Substantial Completion the Premises pursuant to that certain Real Estate Purchase Agreement and Receipts for Deposit dated as of Core June 1, 2000, and Shell Work or subsequent amendments thereto dated June 6, 2000 and June 7, 2000 ("Purchase Agreement"). It is the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion intent of Core the parties hereto that the Lease will commence on the Date of Closing of the foregoing transaction. The effectiveness of this Lease shall also be expressly subject to the execution and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing delivery to Landlord and Tenant the Rentable Area of the Premises a Guaranty of Lease by MEGO FINANCIAL CORP. in accordance with Article 9, which calculation must be approved by favor of Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter form attached hereto as Exhibit G; (2) Tenant’s failure B. Tenant has been the owner of the Premises prior to fulfill its obligations as set forth in the commencement of this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance and is familiar with the Work Letter); (3) delays caused by condition of the Premises, the status of title, the building, all improvements located thereon, all tenancies and all contracts affecting the Premises. Tenant Change Order Requests (as defined in represents that it has examined the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialsPremises, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes is satisfied with the progress physical condition thereof and agrees to accept the same "as is". Tenant further acknowledges that Landlord has not made any representation as to such physical condition, the rents, leases, expenses of the work; (6) failure of Landlord and Tenant to agree (for operation or any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect other matter or thing affecting or relating to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPremises.

Appears in 1 contract

Sources: Guaranty of Lease (Mego Financial Corp)

Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, upon the terms and conditions hereinafter set forth, those certain premises (the "Premises") presently known, as of the date of this Lease, as ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, situated in the City of San ▇▇▇▇, County of Santa ▇▇▇▇▇, State of California, described as follows: for purposes of this Lease, the rentable square footage area of the Building shall be deemed to be approximately thirty-eight thousand two hundred eighty-four (38,284) square feet (the "Building"), as shown cross-hatched on the site plan (the "Site Plan") attached hereto as EXHIBIT "A". The Building is located on a larger parcel (the "Parcel") containing other buildings (the "Buildings") as shown on the Site Plan, which Parcel is described in EXHIBIT "B" attached hereto. In the event Landlord subdivides the Parcel in the future into two (2) or more legal parcels, the term "Parcel" shall thereafter refer to the legal parcel on which the Premises are located. Landlord shall endeavor to tender possession deliver the premises in good condition and repair, including the roof, heating, ventilation and air conditioning (HVAC) equipment and structural integrity of the Premises building and in compliance with all governmental codes, ordinances and statues, including those applicable under the Americans of Disabilities Act (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery DateADA). If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable required to make any alterations, additions or improvements to the Premises and the Premises shall be leased to Tenant in an "as-is" condition, except for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (those improvements as reasonably determined by defined as "Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant 's Improvements, Landlord’s architect shall calculate and certify " in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter EXHIBIT "C" attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialsand made a part hereof. THE EXACT SQUARE FOOTAGE SHALL BE DETERMINED UPON FINAL APPROVAL OF THE FINAL TENANT IMPROVEMENT PLANS, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reasonWHICH TENANT DESIRES TO CONSTRUCT AT ITS SOLE COST, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPURSUANT TO EXHIBIT "D" ATTACHED HERETO.

Appears in 1 contract

Sources: Lease Agreement (Novellus Systems Inc)

Premises. In consideration of the obligation of Tenant to pay Rent (defined below) as herein provided and in consideration of the other terms, covenants and conditions hereof, Landlord hereby does lease, let and demise unto Tenant, and Tenant hereby does lease and rent from Landlord, upon and subject to the provisions of this Lease, the 179,754 square feet of Rentable Area (subject to the provisions of Sections 2.04 and 2.05 below) which is hereby stipulated and for all purposes hereof agreed to be as stated in 1.01(c) above and as reflected on the floor plan(s) attached hereto as Exhibit “A” and incorporated herein for all purposes (such space so leased to Tenant is herein called the “Premises”) located in the building known as One Colinas Crossing (subject to the provisions of Section 7.06(a) below) (“Building”) as set forth in Article 1.01(b) and situated on the tract of land (“Land”) described in Exhibit “B-1” attached hereto and incorporated herein for all purposes (the Building, the Land, and the parking garage [“Parking Garage”] and parking area [collectively, “Parking Facilities”] located on the Land and shown on the site plan attached hereto as Exhibit “B-2” [“Site Plan”] hereinafter collectively referred to as the “Project”), TO HAVE AND TO HOLD said Premises for the Term, subject to the provisions of this Lease. Landlord and Tenant acknowledge and agree that the Project specifically does not include the land shown on the Site Plan which is described on Exhibit “B-3” (“Adjacent Land”) and the improvements thereon, a portion of which Adjacent Land is owned by Landlord and a portion of which is subject to certain agreements between Landlord and Tenant as set forth in this Lease and in the Development Agreement (defined below). The Land and the Adjacent Land, and the improvements thereon, comprise the complex commonly referred to as Colinas Crossing (“Complex”). Subject to the terms of this Lease, Tenant shall endeavor be entitled to tender possession the following as appurtenances to the Premises: the right to use (i) the Parking Facilities and other areas of the Project in accordance with Section 17.11 and Exhibit “F” to this Lease, (ii) the roof of the Building and/or the Parking Facilities in accordance with Sections 7.09 and 7.10 hereof, (iii) riser space in the core of the Building pursuant to Section 7.07 hereof, (iv) for Tenant’s exclusive use, the restrooms on floors leased entirely by Tenant and, for Tenant’s nonexclusive use, the restrooms on floors partly, but not entirely, leased by Tenant, (v) for Tenant’s nonexclusive use (subject to the other provisions of this Lease), the telephone and electric closets on floors leased entirely by Tenant, and (vi) in common with Landlord and other tenants or occupants of the Project, their invitees and guests and others, all lobbies, driveways, sidewalks and other areas and facilities on the Land, in the Building and other portions of the Project from time to time intended for the common use of tenants in the Project, and all rights and benefits appurtenant to, or necessary or incidental to, the use and enjoyment of the Premises by Tenant for the purposes set forth in Section 1.01(e) above, including, but not limited to, the right of Tenant, its employees and invitees, in common with Landlord and other persons, to the benefits of any reciprocal easements and/or use agreements burdening and/or benefiting the Project (with including without limitation, the Tenant Improvements CCR)to the extent necessary or incidental to the use and enjoyment of the Core and Shell Work Substantially CompletePremises for the purposes permitted by Section 1.01(e), including without limitation, the right to use the “Common Facilities” (defined in the CCR) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurCCR.

Appears in 1 contract

Sources: Lease (I2 Technologies Inc)

Premises. Landlord shall endeavor to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) hereby leases to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to hereby leases from Landlord, upon the terms and conditions hereinafter set forth, those certain premises (the "Premises") Situated in the City of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverSunnyvale, then this Lease shall not be void or voidableCounty of Santa Clar▇, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion ▇▇ate of Core and Shell Work and the Tenant Improvements occurs; providedCalifornia, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when be approximately ninety eight thousand eight hundred thirty six (as reasonably determined by Landlord98,836) Substantial Completion square feet of Core and Shell Work floor space in the building (the "Building"), and the Tenant Improvements would have occurred if such Tenant Delay had land as described on Exhibit "A" and known as 1344 ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇. ▇▇ndlord shall not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work be required to make any alterations, additions or improvements to the Premises and the Premises shall be leased to Tenant Improvementsin an "As is" condition. Tenant and its representatives, Landlord’s architect shall calculate and certify in writing have, prior to Landlord and Tenant the Rentable Area executing this Lease, made such inspections of the Premises and matters related thereto as Tenant and its representatives desire, including, without limitation, governmental laws and regulations to which the Premises is subject and Tenant shall accept the Premises upon the basis of its review and determination of the applicability and effect of such laws and regulations. Tenant further acknowledges and agrees that, the Premises is to be leased and delivered to and accepted by Tenant in accordance an "As Is" condition as of the Commencement Date with Article 9all faults and defects and without any covenant (whether express, which calculation must be approved implied or otherwise) made by Landlord and Tenant (both hereby agreeing to act reasonably with respect remedy any then existing fault or defect, whether known or unknown, suspected or unsuspected subject to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as condition set forth in this Lease or Paragraph 40 below. Tenant still further acknowledges that Tenant has received, has reviewed and is knowledgeable of the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined disclosures and information contained in the Work Letter) environmental assessments, investigations and reports listed in Exhibit "B" attached hereto. Landlord makes no representation or TI Tenant Change Order Requests (warranty as defined in to the Work Letter); (4) unavailability of materials, components accuracy or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress completeness of the work; (6) failure disclosures or information contained in said engineering and environmental assessments and reports. Landlord does not make any representations or warranties of Landlord and Tenant to agree (for any reasonkind whatsoever, provided Landlord acts in good faith and diligently to work with Tenant either express or implied, with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant Premises or any request by Tenant that of such related matters; in particular, but without limitation, Landlord makes no representation or warranties with respect to the scope use, condition, size, dimensions, boundaries, title, occupation, management or value of the Premises or the building and improvements thereon, presence or absence of hazardous materials in, on, under or about the Premises or surrounding properties, compliance with applicable statutes, laws, codes, ordinances, regulations or requirements relating to leasing, zoning, subdivision, planning, building, fire, safety, health or environmental matters, compliance with covenants, conditions and restrictions (whether or not of record), other local, municipal, regional, state or federal requirements, or other statutes, laws, codes, ordinances, regulations or requirements (including, without limitation, The Americans With Disabilities Act). Tenant Improvements be modified acknowledges that it Is entering into this Agreement on the basis of Tenant's own investigation of the physical and environmental conditions of the Premises. Tenant waives and releases its right to recover from Landlord and its partners, employees and agents any and all damages, losses, liabilities, costs or expenses whatsoever (including, without limitation, reasonable attorneys' fees and costs), and claims therefor, whether direct or indirect, known or unknown, foreseen or unforeseen, which may arise on account of or in connection any way growing out of or connected with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice physical condition of the date when Landlord believes Premises or any federal, state or local law, statute, ordinance or regulation applicable thereto (including, without limitation, the Term Commencement Date will occur.Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sections 9601 et seq. and The Resources Conservation and Recovery Act of 1976,42 U.S.C. Sections 6901 et seq. Tenant expressly waives the benefits of Section 1542 of the

Appears in 1 contract

Sources: Lease Agreement (Arbor Software Corp)

Premises. The Landlord demises and leases to the Tenant and Tenant leases from the Landlord a certain piece or parcel of land (the "Land") together with a commercial building, fuel farm situate thereon, improvements and appurtenant rights of the Landlord with respect thereto (collectively the "Premises") and located in the Town of Horseheads, County of Chemung and State of New York, being commonly known as 236 Sing Sing Road, Horseheads, New York and more particularly depict▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇. ▇▇▇ ▇▇▇▇lord represents that the Premises constitute all portions of the foregoing lands and improvements which are used in connection with the business operations of Airborne Inc. The Landlord represents that the Premises presently have all necessary utilities required to serve the use of the Premises as used immediately prior to the Commencement Date. The Landlord agrees to lease to the Tenant and the Tenant agrees to lease from the Landlord the Premises for purposes of the Tenant's operating a business involving directly or indirectly, owning, operating, managing, acquiring, chartering, maintaining and refurbishing aircraft and certain activities related or incident thereto (the "Business") or for any other use permissible under a Lease Agreement between Tenant and the County of Chemung dated April 9, 1990, all applicable state, local and federal land use, environmental and similar laws, rules and regulations. The Landlord warrants that they and no other person or entity has the right to lease the Premises hereby demised, and that so long as Tenant is not in default hereunder beyond any applicable notice and/or cure period, Tenant shall endeavor to tender have peaceful and quiet use and possession of the Premises (Premises, subject to any and all matters of record or other agreements to which this Lease is or may hereafter be subordinated. The Tenant warrants to the Landlord that it has inspected the commercial building and fuel farm and that upon the Commencement Date the commercial building and fuel farm comply with all of the terms and conditions of this Lease and are accepted by the Tenant Improvements and in the Core and Shell Work Substantially Complete) "AS IS" condition, except for any Hazardous Substances or any other environmental conditions on, in, at, under or about the Premises. Landlord warrants that to Tenant on or before the Estimated Delivery Datebest of Landlord's knowledge the Premises do not contain any Hazardous Substances. If Core any Hazardous Substances are discovered in the Premises which have not been introduced by the acts of Tenant, its agents, contractors and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidableemployees, Landlord shall not be liable to Tenant for any loss at its sole expense remove or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction otherwise remediate such Hazardous Substances. As of the requirements for Substantial Completion of Core Commencement Date, Landlord warrants and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work represents that results from or arises out of any of the following: (1) delays or failure Landlord is the owner in fee simple of Tenant the Premises, subject to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests mortgage of Elmira S&L (as defined in Section 10), and (2) when possession of Premises shall be delivered to Tenant, (i) the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core Premises and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission all rights of Tenant hereunder will be free and clear of all covenants, restrictions, easements, liens or encumbrances which could adversely affect Tenant’s Agents that interferes with the progress 's use and enjoyment of the work; Premises for the use permitted hereunder, (6ii) failure the use of the same for the Business shall be in full compliance with all laws, statutes, rules, regulations, ordinances and requirements of all Federal, state, and municipal governments and the appropriate departments, commissions, boards, and officers thereof, including all environmental laws, building codes and zoning ordinances, requirements of building officials administering such codes and, to the best knowledge of Landlord, laws related to "architectural barriers" affecting the disabled, and the statewide fire underwriters standards and requirements of all insurance rating bureaus and insurance inspection bureaus having jurisdiction and shall not violate the rights of any third parties, and (iii) Landlord shall be responsible for the removal of any and all violations affecting the Premises prior to the Commencement Date. Landlord warrants and represents that it will not permit any change to the certificate of occupancy which would adversely affect Tenant's use of the Premises for any permitted purpose, and Tenant to agree (for warrants and represents that it will not cause any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occursuch change.

Appears in 1 contract

Sources: Lease Agreement (Fbo Air, Inc.)

Premises. Landlord shall endeavor 10.1 In respect of the Company: (a) it has the right to tender the full use, occupation and enjoyment of all the premises currently used or occupied by it (the "Premises"), written valid and subsisting tenancy agreements or leases with the Company exist for each of the Premises, all legislation and government rules, regulations, bye-laws and orders in the jurisdictions in which the Premises are located and relevant to the use and occupation of the Premises by the Company, whether of a national or a local nature, have been complied with in full and all government consents and approvals have been obtained; (b) in respect of any tenancy agreements or leases relating to the Premises, such agreements or leases contain provisions commonly included for the protection of the tenant, do not contain any unusually onerous covenants or obligations on the part of the tenant, all variations have been provided to the Purchaser and the Company has performed all covenants (including the payment of any rents or license fees), obligations and restrictions therein required to be performed by it; (c) there are no rights, interests, covenants, conditions, restrictions, exceptions, reservations, licenses, easements, agreements, claims or any other matters or things which may adversely affect its use, occupation and enjoyment of the Premises for the purpose of the business now being carried on at the Premises by it; (d) there are no disputes or outstanding or expected notices (whether given by a lessor, a licensor, a governmental authority or any other person) affecting the Company's continuing use of the Premises, there are no rights for a lessor to vary the terms of or to terminate a tenancy agreement or lease and there are no circumstances (including the proposed sale of the Sale Shares) which would entitle or require a lessor, a licensor or any other person to exercise any power of entry upon or to take possession of the Premises or which could otherwise restrict or terminate the continued possession and occupation thereof; and (with the Tenant Improvements and the Core and Shell Work Substantially Completee) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises are in accordance with Article 9good and substantial repair and condition and no flooding, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement subsidence or completion of the Core and Shell Work or the TI Work that results from or arises out other defect of any of kind adversely affects or has adversely affected the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPremises.

Appears in 1 contract

Sources: Sale and Purchase Agreement (Guardforce AI Co., LTD)

Premises. Landlord shall endeavor (a) Licensor hereby grants to tender possession Licensee the following rights (collectively “License”): (i) a limited non-exclusive license to install, maintain and operate Licensee’s wireless communications equipment and appurtenances on a tower owned and/or operated by Licensor (“Tower”), including one or more antennas at a centerline height of 29 feet above ground level on the Tower, which is located on certain real property owned or leased by Licensor and more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (“Property”), and (ii) a limited non-exclusive license to install, maintain, operate, remove and otherwise use Licensee’s equipment cabinet or compound and related devices owned by Licensee within a space consisting of a Twelve (12) square foot portion of the Property identified as the operations site on Exhibit “B” attached hereto (the space in which the operations site is to be occupied by Licensee on the Property and the Tower are hereinafter referred to collectively as, the “Premises”. (b) Licensor also grants Licensee, in common with other Permittees entitled to use the same, a non-exclusive reasonable right of access to the Premises twenty-four (24) hours per day, seven (7) days per week during the Initial Term and any Renewal Term (as hereinafter defined) for the purpose of installing and maintaining the equipment (as hereinafter defined). The access is subject to revocation by Licensor at any time and from time to time to exclude and restrain any Person who is not a Permittee from accessing the Premises, as well as other provision contained in the Agreement. (c) The Premises are delivered in an “AS IS” condition by Licensor. Licensee acknowledges and agrees that it has visited and inspected the Premises and hereby accepts the physical condition thereof. Licensee further acknowledges that no representation or warranties have been made to Licensee or Licensor as to the condition or suitability of the Premises, including the Tower, or as to any engineering or other operational data. Licensee is solely responsible for determining all aspects as the suitability, acceptability, accuracy and adequacy of the Premises for Licensee’s intended use. (d) Licensor shall have the right, with no less than thirty (30) days’ prior written notice to Licensee, to require Licensee to relocate the Tenant Improvements and Premises to another area within the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverProperty, then this Lease shall not be void or voidableat Licensee’s sole cost expense, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if that the satisfaction of area to which the requirements for Substantial Completion of Core and Shell Work Premises are relocated, whether in the building or on the Tenant Improvements have been delayed by any Tenant DelayTower, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core substantially similar in size and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect functionality to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurPremises.

Appears in 1 contract

Sources: Communications Site License Agreement

Premises. Landlord shall endeavor hereby leases to tender possession Tenant and Tenant hereby hires from Landlord a portion of the Premises sixth (6th) floor, as more particularly shown hatched on Exhibit 1 annexed hereto and made a part hereof (the "Premises") in the building known as ▇▇▇▇ ▇▇▇▇▇▇▇▇, in the Borough of Manhattan, New York County, City and State of New York (the "Building" and together with the Tenant Improvements and plot of land upon which such building stands, the Core and Shell Work Substantially Complete"Real Property") for a term (the "Term") to commence on the "Commencement Date" (hereinafter defined), and to end on the "Expiration Date" (hereinafter defined), both dates inclusive, unless the Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law at the "Rent" (hereinafter defined, which Rent shall also include any additional rent payable hereunder), which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments, in advance, commencing on the Commencement Date and on the first (1st) day of each calendar month thereafter during the Term (except as hereinafter otherwise provided), at the office of Landlord or before such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever, except that Tenant shall pay the Estimated Delivery Datefirst monthly installment on the execution hereof. If Core the Commencement Date (as hereinafter defined) shall occur on a date other than the first (1st) day of any calendar month, Tenant shall pay to Landlord, on the first (1st) day of the month next succeeding the month during which the Commencement Date shall occur, an amount equal to such proportion of an equal monthly installment of Rent as the number of days from and Shell Work including the Commencement Date bears to the total number of days in said calendar month. Such payment, together with the sum paid by Tenant upon the execution of this Lease, shall constitute payment of the Rent for the period from the Commencement Date to and including the last day of the next succeeding calendar month. In the event that, on the Commencement Date, or thereafter, Tenant shall be in default in the Tenant Improvements as required payment of Rent to Landlord or any affiliate of Landlord pursuant to the terms of the Work Letter are not Substantially Complete on another lease of space with Landlord or before the Estimated Delivery Date for any reason whatsoeveraffiliate of Landlord, then this Lease shall not be void or voidablewith any predecessor-in-interest of Landlord or Landlord's affiliate, Landlord shall not be liable may, at Landlord's option and without notice to Tenant for Tenant, add the amount of such arrearages to any loss or damage resulting therefrom monthly installment of the Rent and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements same shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing payable to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occuradditional rent hereunder.

Appears in 1 contract

Sources: Lease Agreement (Thrupoint Inc)

Premises. Landlord shall endeavor to tender possession That part of the Premises (with Building outlined on the Tenant Improvements attached Plan showing the Premises, called Suites 175, on the first floor of the Building and Suites 200 and 275, on the Core and Shell Work Substantially Complete) to Tenant on or before second floor of the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required Building, including all tenant improvements made by Landlord pursuant to the attached Work Letter. Subject to existing rights under leases of space inn the Building as of the date hereof, and subject to renewals of leases or extensions of terms of leases of existing tenants of the Work Letter are not Substantially Complete on or before Additional Office Space (as hereinafter defined) in Landlord's sole discretion, if at the Estimated Delivery Date for date of any reason whatsoevernotice required herein, then this Lease shall not be void or voidable, Landlord in fall force and effect and Tenant. named heroin shall be in occupancy of the entire Premises and shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out default of any of the following: provisions of this Lease, Landlord shall, at such time as Landlord first submits a lease proposal (1Proposal) delays to a specific bona fide prospective tenant for any portion (or failure all) of additional office space on the 2nd floor of the Building, indicated as "Additional Office Space" on the attached Plan showing the Premises (the space delineated in the Proposal is referred to as Refusal Space), notify Tenant of the Proposal (Landlord's Notice). Tenant may lease all of the Refusal Space upon the terms contained in the Proposal by giving Landlord notice of exercise within 5 days after receipt of Landlord's Notice. Promptly after Tenant exercises this option (but in no event later than 30 days after Landlord's Notice), the parties shall enter into either a supplemental agreement to deliver items this Lease incorporating the Refusal Space as part of the Premises or, at Landlord's option, a separate lease agreement. Anything in this Section to the contrary notwithstanding, this option shall terminate with regard to the Refusal Space if Tenant fails to exercise the option or enter into a supplemental agreement or separate lease (as the case may be) in accordance with this Section, and upon such termination, Tenant shall have no further right to lease the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including Refusal Space and Landlord may contract with any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant party with respect thereto without any further obligation to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurTenant.

Appears in 1 contract

Sources: Office Lease (Patient Infosystems Inc)

Premises. Landlord shall endeavor leases to tender possession Tenant, and Tenant leases from Landlord, Suite 450 as shown on the location plan attached hereto as Exhibit A, which the parties stipulate and agree consists of approximately 25,001 rentable square feet (the “Premises”), located on the fourth (4th) floor of the building (the “Building”) located at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, Texas 78746, said land also being described as ▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇, of the Wallingwood Section II, ▇▇▇▇▇▇, ▇▇▇▇▇▇ County, Texas (the “Land”). Landlord represents and warrants that the Building and its associated parking garage are the only buildings on the Land. The actual square footage of the Premises shall be confirmed upon the completion of the Work (as defined in Exhibit D to this Lease) by the Architect (as defined in Exhibit D to this Lease) in accordance with published BOMA (ANSI/BOMA Z65.i – 1996) standards and methodology, and such measurement calculation shall be delivered to Landlord for its review and approval prior to the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Commencement Date. If Core the approved calculation of the Premises is not 25,001 rentable square feet, then the parties shall enter into an amendment to this Lease memorializing the actual rentable square footage, and Shell Work all terms of this Lease that are based on square footage shall be adjusted accordingly. The “Project” shall mean the Building, the Land, and all other improvements located on the Land. Subject to Landlord’s maintenance and repair obligations set forth in this Lease, Tenant accepts the Premises in their “AS IS”, “WHERE IS”, “WITH ALL FAULTS” condition as of the date of delivery of possession to Tenant, without any warranty or the Tenant Improvements representation, express or implied, by or on behalf of Landlord as required pursuant to the terms of the Work Letter are not Substantially Complete on condition or before the Estimated Delivery Date for any reason whatsoever, then usability thereof. Except as otherwise set out in this Lease shall not be void or voidableLease, Landlord shall not be liable obligated to Tenant make, pay for, or contribute to the payment for any loss demolition, alteration, addition, repair, replacement or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work improvement in or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order RequestPremises. In addition, Landlord shall endeavor in good faith have no obligation to provide Tenant with at least thirty (30) days prior written notice any leasehold improvement allowance or other allowance except as may be provided in Exhibit D to this Lease. Notwithstanding the foregoing, Landlord shall ensure that all of the date when Landlord believes now existing equipment necessary to provide the Term utilities referenced in Section 5 of this Lease are in good operating condition on the Commencement Date will occurDate.

Appears in 1 contract

Sources: Lease Agreement (Whiteglove Health Inc)

Premises. Section 2.01. Landlord shall endeavor hereby leases to tender possession of Tenant, and Tenant hereby leases from Landlord the Premises leased premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete“Leased Premises”) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date described in Article I.4., hereinabove, which, for any reason whatsoeverall purposes, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when consist of that number of square feet stated in Article I.4., above (subject to Tenant’s architect confirming same as hereinafter provided). Landlord covenants that it has full right, power and authority to enter into this Lease and that Tenant, upon performing all of Tenant’s obligations under this Lease and timely paying all rent, shall peaceably and quietly have, hold and enjoy the Leased Premises during the Term without hindrance, ejection or molestation by any person lawfully claiming Leased Premises. The Leased Premises are located on part of the tract of property described in Exhibit “B”, which is annexed hereto and incorporated by reference herein and made a part hereof for all purposes. The land described in Exhibit “B” (as reasonably determined it may be reduced or increased from time to time as designated by Landlord, provided any such reduction or increase has no materially adverse effect upon Tenant’s use or quiet enjoyment of the Leased Premises nor upon Tenant’s rights or obligations under this Lease) Substantial Completion and any existing and future buildings, parking area, truck loading areas, service areas and other improvements now existing or hereafter erected thereon are sometimes herein referred to as the “Commercial Park”. Landlord reserves the right to place in, under, over or through the Leased Premises pipes, wires, lines, and facilities serving other areas of Core the Commercial Park provided Landlord provides Tenant reasonable advance notice in writing, Landlord is solely responsible for all associated costs, and Shell Work such right is exercised in a manner which does not unreasonably interfere with Tenant’s use or quiet enjoyment of or the conduct of its business at the Leased Premises. Section 2.02. The Leased Premises shall be constructed in material compliance with the Construction Rider attached hereto and incorporated by reference herein for all purposes. Section 2.03. In determining the floor area of the Leased Premises, distances shall be measured from the exterior face of all exterior walls and the Tenant Improvements would have occurred if such Tenant Delay had not occurredcenter of all partition walls which separate the Leased Premises from any interior area. Walls separating the Leased Premises from a mall and corridor walls shall be deemed to be exterior walls of the Leased Premises. Within thirty (30) days after Substantial Completion the Commencement Date of Core and Shell Work and the Lease, Tenant Improvementsshall have the right to cause its architect to remeasure the Leased Premises. If such measurement determines that the actual leasable ground floor area of the Premises is greater or less than the leasable ground floor area of the Premises set forth hereinabove, Landlord’s architect shall calculate and certify in writing to then Landlord and Tenant shall promptly thereafter execute an amendment to this Lease, reflecting the Rentable Area actual square footage of the Premises Leased Premises, and adjusting proportionately the rental obligations of Tenant which are expressed in accordance this Lease as being calculated with Article 9, which calculation must be approved by reference to the square footage of the Leased Premises. In the event Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in dispute the commencement or completion measurement of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialsPremises, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of then Landlord and Tenant shall appoint an independent architect to agree (for any reason, provided determine the exact number of square feet contained in the Premises. The parties shall share in the cost of such independent architect. In the event Tenant fails to notify Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget of its remeasurement within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of after the date when Landlord believes Commencement Date, then it will be conclusively deemed that the Term Commencement Date will occurLeased Premises contain 217,869 square feet.

Appears in 1 contract

Sources: Commercial Lease Agreement (Francesca's Holdings CORP)

Premises. Upon and subject to the conditions and limitations hereinafter set forth, Landlord shall endeavor does hereby lease and demise unto Tenant the entirety of a building to tender possession be constructed on property intended to be known as ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇, as such demised premises is more particularly described on Exhibit 1.01-1 (the “Premises”), together with the right to use in common with others unless otherwise provided herein, the walkways, driveways, parking areas (including the above-ground parking garage serving the Building and described in Section 20.10, below), loading areas, and utility lines (including telecommunications lines) serving the Premises. The parties agree that the rentable area for the Premises is 220,000 rentable square feet. The four-level building comprising the Premises is referred to herein as the “Building”. The actual street address of the Premises Building will be determined by the City of Waltham. Landlord will use reasonable efforts to encourage the City to use ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ as the street address and, following the designation of the street address, the parties will document the same in a letter agreement prepared by Landlord. Upon completion, the Building will become a condominium unit within the Reservoir ▇▇▇▇▇ Primary Condominium (with the “Condominium”), a condominium created by Master Deed dated February 26, 2007, recorded in Book 49037, Page 229 of the Middlesex South Registry of Deeds, as amended. The Building and its undivided interest in the common elements of the Condominium are referred to herein as the “Property” and are more particularly described on Exhibit 1.01-2. Upon the recording of the unit deed evidencing the creation of the condominium unit consisting of the Building, Exhibit 1.01-2 shall be amended accordingly and Landlord and Tenant Improvements shall enter into an amendment to this Lease evidencing the same. This Lease, and Tenant’s leasehold interest in the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant Premises, are subject to the terms terms, covenants and conditions of agreements, easements and restrictions of record applicable to the Work Letter Property, all of which Tenant shall perform and observe insofar as the same are not Substantially Complete on or before applicable to the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursPremises; provided, however, if that Tenant shall not be bound by any easements or restrictions made after the satisfaction date of this Lease that materially and adversely affect Tenant’s rights and obligations under this Lease unless (a) Landlord has obtained Tenant’s prior written consent to such easements or restrictions, or (b) such easements or restrictions are imposed in connection with a lease by Tenant of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises Proposed Additional Building in accordance with Article 925, which calculation must be approved by below. Landlord hereby represents and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion warrants that none of the Core existing agreements, easements and Shell Work restrictions of record prohibit or the TI Work that results from or arises out of any restrict use of the following: (1) delays or failure of Tenant to deliver items in accordance with Premises for the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or Permitted Uses. The Premises exclude the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests Base Building (as defined in Section 6.01) and the Work Letter) or TI Tenant Change Order Requests (as defined in above-ground parking garage serving the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurBuilding.

Appears in 1 contract

Sources: Lease Agreement (Alkermes Plc.)

Premises. Landlord shall endeavor to tender possession 1. That part of the Premises Building outlined on the attached Plan Showing the Premises, called Suite W500 (with deemed to contain approximately 74,788 rentable square feet), on the Tenant Improvements and 5th floor of the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required Building, including all tenant improvements made by Landlord pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); . 2. Landlord shall, at its cost (3) delays caused by Tenant Change Order Requests (as defined in and not subject to the Work Letter) or TI Tenant Change Order Requests (Allowance, as defined in the Work Letter); , upgrade the existing ceiling to “building standard”, including a 2’ x 2’ grid system and new building standard ceiling tile throughout the Premises. The existing deep cell parabolic lighting in the Premises shall be retained “as is, where is”, but such lighting will be fully equipped by Landlord with working bulbs at the Commencement Date. (4a) unavailability Subject to existing rights under leases of materialsspace in the Building as of the date hereof (as described at the end of this Section), components and subject to renewals of leases or finishes for Core and Shell Work extensions of terms of leases of then existing tenants of the Additional Office Space (as hereinafter defined) which have been or the Tenant Improvements that differ from may be granted in Landlord’s standard work sole discretion, at the date of any notice required in this Section, if this Lease shall be in full force and effect and Tenant named herein shall occupy at least 75 percent of the Premises and no monetary default of which Tenant has been given notice or event of default for a non-monetary default under this Lease exists, Landlord shall, at such time as Landlord first submits a lease proposal (Proposal) to a specific bona fide prospective tenant for space in the Building which includes any portion (or all) of the office space on the 2nd, 3rd, or 4th floors of the Building, indicated as “Additional Office Space” on the attached Plan Showing the Premises (the space delineated in the Proposal is referred to as Offered Refusal Space), notify Tenant of the Proposal (Landlord’s Notice). Tenant may lease all of the Offered Refusal Space upon the terms contained in the Proposal by giving Landlord notice of exercise (Exercise Notice) within 10 days after receipt of Landlord’s Notice. Promptly after Tenant exercises this option (but in no event later than 30 days after Tenant’s receipt of the form of the proposed agreement), the parties shall enter into either a supplemental agreement to this Lease incorporating the Offered Refusal Space as part of the Premises or, at Landlord’s option, a separate lease agreement (which agreement shall be in substantially the same form as this Lease in all material respects, except as provided in the Proposal). If the tenant who is the subject of the Proposal is not represented by a broker or other agent, Tenant shall be responsible for any commission or fee due to any broker or other agent employed by Tenant. Anything in this Section to the contrary notwithstanding, this option shall terminate with regard to the Offered Refusal Space if Tenant fails to exercise the option or enter into a supplemental agreement or separate lease (as the case may be) in accordance with this Section, and upon such termination, Tenant shall have no further right to lease the Offered Refusal Space and Landlord may contract with any party with respect thereto without any further obligation to Tenant, provided that (1) if Landlord fails to enter into a lease with a tenant for the Offered Refusal Space within 6 months after Landlord’s Notice and Landlord subsequently seeks to lease the Offered Refusal Space to another prospective tenant, or (2) if the terms and conditions upon which Landlord proposes to lease the Offered Refusal Space to any prospective tenant are materially more favorable to such prospective tenant than those contained in Landlord’s Notice (which shall be deemed to include a difference of more than 5 percent of the total rental to be paid over the same term), then in any of such events, upon the expiration of the period set forth in subsection (1) or a material change of terms or conditions as set forth in subsection (2), this option shall again be applicable to the Offered Refusal Space. The existing rights to the Additional Office Space referred to above are as follows: regarding the 2nd floor, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ is an existing tenant with a right of first refusal on the balance of the floor; regarding the 3rd floor, General ▇▇▇▇▇ is an existing tenant with a right of first refusal on the balance of the floor, and Mosaic Company has a subordinate right of first refusal on the same balance; regarding the 4th floor, Mosaic Company is an existing tenant on the entire floor. (b) Anything to the contrary in Section II.A.3.(a) notwithstanding, upon receipt of a Proposal, if the term for the Offered Refusal Space (Option Space Term) is expected to commence on a date during the first 14 months of the Term of this Lease, and if Tenant desires to exercise its option to lease the Offered Refusal Space, it may do so either on the terms contained in the Proposal or on the terms set forth in this Section II.A.3.(b) (the latter terms sometimes referred to as the “In Place Terms”), and shall make such election in the Exercise Notice. If Tenant fails to make an election in the Exercise Notice, then for purposes of Section II.A.3.(a), Tenant shall be deemed to have elected the terms contained in the Proposal. For purposes of this Section, if the In Place Terms are applicable, the Base Rent for the Offered Refusal Space shall be based on the then concurrent rates in effect for the Premises, Tenant’s Proportionate Share shall be increased based on the rentable square footage of the Offered Refusal Space, and the expiration date for the occupancy of the Offered Refusal Space shall be the same as the Termination Date for the Premises. Landlord shall provide Tenant an unusually long lead-time improvement allowance (Option Space Allowance) for delivery; improvements to be made to the Offered Refusal Space in an amount equal to the product of (51) $35.00 per rentable square foot of the Offered Refusal Space, multiplied by (2) a willful or negligent act or omission fraction, the numerator of Tenant or Tenant’s Agents that interferes which is the number of full calendar months remaining in the Term of the Lease (after the commencement date of the Offered Refusal Space) and the denominator of which is 80, and all tenant improvement work shall otherwise be completed in accordance with the progress provisions of the work; (6) failure of attached Work Letter or as otherwise agreed to by Landlord and Tenant. 4. For so long as Landlord makes certain space available to tenants of the Building for the storage of files and office supplies (Storage Space), Tenant may lease up to agree 1,900 square feet of the Storage Space not leased to others (the configuration shall be subject to Landlord’s approval, which shall not be unreasonably withheld) at Landlord’s then standard storage rate (Landlord’s current rate is $12.00 per square foot per annum, which shall not be increased for any reasonpurposes of this Section prior to July 1, provided Landlord acts in good faith and diligently to work 2010). In all events, the rate will be paid on a gross basis, with Tenant no additional rent payable for expenses or taxes with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occursuch space.

Appears in 1 contract

Sources: Office Lease (Ev3 Inc.)

Premises. (a) This Lease shall be effective as between Landlord and Tenant as of the full execution and delivery hereof by both Landlord and Tenant. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord upon the terms and conditions contained herein the Premises, which are more particularly described in Exhibit A attached hereto and made a part hereof (the “Premises”), including the tenant improvements (the “Tenant Improvements”) thereon presently existing or to be constructed in accordance with the “Lease Improvement Agreement” attached as Exhibit B, which is made a part hereof by this reference. As hereinafter used in this Lease, the term “Building” shall endeavor refer to tender possession the entire structure in which the Premises are located, the term “Lot” shall refer to the Assessor’s tax parcel on which the Building is situated, and the term “Project” shall collectively refer to the Lot, the Building, and the Project Common Areas. This Lease confers no rights either with regard to the subsurface of the land below the ground level of the Building or with regard to airspace above the roof of the Building. (b) Tenant acknowledges that, as of the Lease Date, Landlord has begun development on the Building, which construction is intended to be completed by the Scheduled Lease Commencement Date. Prior to the Lease Date, Landlord and Tenant have agreed upon certain project plans (“Project Plans”), attached hereto as Exhibit A-1. Landlord agrees to construct the Building in compliance with the Project Plans and all applicable laws, statutes and ordinances, and such construction shall be consistent with the Project Specifications, subject to events preventing such compliance beyond the reasonable control of Landlord (provided that Landlord has advised Tenant in writing of such noncompliance, and the specific reasons (c) Tenant may, not later than the Commencement Date, at Tenant’s expense, have a licensed architect measure the Premises (with using the Tenant Improvements and Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996, published by BOMA International (the Core and Shell Work Substantially Complete“BOMA Standard”)) to Tenant on or before determine the Estimated Delivery Date. If Core rentable area and Shell Work or the Tenant Improvements as required pursuant to the terms usable area of the Work Letter are not Substantially Complete Premises. Based on or before such measurement, the Estimated Delivery Date for any reason whatsoeverBase Rent, then this Lease and Tenant Improvement Allowance shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursproportionately adjusted; provided, however, if that in no event (i) will such measurement result in a Rent increase to Tenant of more than two percent (2%), or (ii) will the satisfaction rentable area of the requirements for Substantial Completion Premises be more than ten percent (10%) greater than the “Office Area” (as that term is defined in the BOMA Standard) of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant DelayPremises (the difference, Substantial Completion expressed as a percentage of Core and Shell Work the Office Area of the Premises, between the Premises’ rentable area and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Office Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing is hereinafter referred to act reasonably with respect to granting such approvalas the “Load Factor”). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.

Appears in 1 contract

Sources: Lease Agreement (Health Net Inc)

Premises. Landlord shall endeavor to tender possession of the Premises (with the Tenant Improvements Upon and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant subject to the terms and conditions herein set forth, Landlord leases to Tenant and Tenant leases from Landlord all of the Work Letter following (collectively, the "Leased Property"). (a) those certain tracts, pieces and parcels of land as more particularly described in Exhibit B, attached hereto and made a part hereof (collectively, the "Land"); (b) all buildings, structures, Fixtures and other improvements of every kind, including, but not limited to, alleyways and connecting tunnels, sidewalks, utility pipes, conduits and lines (on-site and off-site), parking areas and roadways appurtenant to such buildings and structures presently situated upon the Land and Capital Additions financed by Landlord (collectively, the "Leased Improvements"); (c) all easements, rights and appurtenances relating to the Land and the Leased Improvements; (d) all equipment, machinery, fixtures and other items of property, now or hereafter permanently affixed to or incorporated into the Leased Improvements, including, without limitation, all furnaces, boilers, heaters, electrical equipment, heating, plumbing, lighting, ventilating, refrigerating, incineration, air and water pollution control, waste disposal, air-cooling and airconditioning systems and apparatus, sprinkler systems and fire and theft protection equipment, all of which, to the greatest extent permitted by law, are not Substantially Complete hereby deemed by the parties hereto to constitute real estate, together with all replacements, modifications, alterations and additions thereto, but specifically excluding all items included within the category of Tenant's Personal Property (collectively, the "Fixtures"); (e) all machinery, equipment, furniture, furnishings, moveable walls or partitions, computers or trade fixtures or other personal property used or useful in Tenant's business on or before in the Estimated Delivery Date for any reason whatsoeverLeased Improvements, then this Lease shall not be void and located on or voidablein the Leased Improvements on the Commencement Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, howeverexcept items, if any, included within the satisfaction category of Fixtures, but specifically excluding all items included within the requirements for Substantial Completion category of Core and Shell Work or Tenant's Personal Property (collectively the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion "Leased Personal Property"); and (f) all existing leases of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter space (including any failure to review or approve or disapprove any items in accordance with the Work Lettersecurity deposits held pursuant thereto); (3) delays caused by Tenant Change Order Requests (as defined , if any, in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Leased Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurtenants thereof.

Appears in 1 contract

Sources: Lease Agreement (Senior Housing Properties Trust)

Premises. Landlord shall endeavor (a) Sublessor hereby subleases to tender possession of Sublessee and Sublessee hires from Sublessor, the Premises (with the Tenant Improvements premises known as Wal-Mart Supercenter #_______ and the Core and Shell Work Substantially Completespace located therein (hereinafter "Premises"), to be used by Sublessee only as a licensee of Travel Network, Ltd. (hereinafter "Licensor") to Tenant on or before for the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant sole purpose of operating a Travel Network Vacation Central" agency ("Agency") subject to the terms of a certain License Agreement entered into by and between Sublessor and Sublessee, dated __________________. 19___ ("License Agreement"). (b) Sublessee acknowledges that the Work Letter Premises are not Substantially Complete presently suitable for use as an Agency and agrees to complete those leasehold improvements at Sublessee's sole cost and expense in conformity with all of the terms of the Head Lease and in general conformity with the prototype plans and designs for the Agency. (c) Sublessee shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of federal, state and local governments and of any and all their departments and bureaus applicable to said Premises. (d) Before commencing any work or installing any fixtures or equipment in connection with repair or alteration of the Premises, Sublessee shall: 1. Obtain the necessary consents, authorizations and licenses from the federal, state and/or municipal authorities asserting jurisdiction over the work to be done, and no work shall be started or equipment installed unless and until all such necessary consents, authorizations and licenses shall first have been duly obtained by the Sublessee and/or his/her contractor or other persons doing the work or installing the equipment on or before the Estimated Delivery Date for any reason whatsoever, then this Lease behalf of Sublessee. The foregoing shall not be void or voidable, Landlord shall not be liable apply if Sublessor assumes responsibility for obtaining the foregoing; 2. Subject to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction prior approval of the requirements for Substantial Completion of Core Lessor, enter into proper contracts with contractors, subcontractors and Shell Work or the Tenant Improvements have been delayed by any Tenant Delaymaterialmen, Substantial Completion of Core and Shell Work and the Tenant Improvements which contracts will provide, among other things, that said work shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core done and Shell Work equipment installed in good workmanlike manner and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto plans and specifications previously approved, and consents, authorizations and licenses previously obtained, and which contracts shall provide that the contractor or other persons referred to above will look solely to the Sublessee for payment and will hold the Sublessor and the Premises free from all liens and claims of any persons furnishing labor or furnishing materials. therefor, or both, and will also provide similar waivers or rights to file liens obtained from any and all of said contractors, subcontractors and materialmen; copies of said contracts together with duly executed waivers of the right to file liens executed by the contractors or other persons referred to above shall be furnished to the Sublessor; 3. Sublessee shall also indemnify and save harmless Sublessor against any and all bills for labor performed and equipment, fixtures and material furnished to Sublessee in connection with said work as Exhibit Gaforesaid, and against any and all liens, bills or claims therefor or against the Premises; and within twenty (220) Tenant’s days, bond or discharge any such liens, the failure to fulfill its obligations as set forth in do so shall be deemed a material breach of this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter)Sublease; (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (and 4) unavailability of materials. Sublessee, components or finishes for Core at his/her own cost and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reasonexpense, provided Landlord acts in good faith and diligently to work with Tenant with respect to any repairs or alterations made by him, shall promptly comply with all laws, ordinances, orders, rules and regulations of each and every department and bureau of the Budget) city and state and the United States and any other lawful authority asserting jurisdiction over the Premises, as well as all rules and regulations contained in the Head Lease and shall reimburse Sublessor for any expenses incurred on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget account of failure by Sublessee to Tenant comply with any such requirements, and any expenses so incurred by Sublessor as aforesaid, shall be deemed "additional rent" under this Sublease and due and payable by Sublessee to Sublessor on the first day of the month following the payment of same by Sublessor. Sublessee, or any request contractors employed by Tenant that Sublessee, or any other persons who will do the scope work or install the equipment as aforesaid, shall be fully covered by Worker's Compensation Insurance and liability insurance in the minimum amount of the Tenant Improvements $l,000,000/$2,000,000 and certificates thereof shall be modified in connection with the Budget; or (7) delays caused furnished to Sublessor before commencement of any work by any revision such contractor or persons as aforesaid. (e) If Sublessee requests Sublessor to guarantee an obligation to the Budget architect 6r contractor commissioned by Sublessee for the improvements, and Sublessor agrees to do so in a separate instrument. Sublessee agrees that any default in payment by Sublessee to the architect or TI Tenant Change Order Requestcontractor shall constitute a material breach hereof and shall be treated as though Sublessee has defaulted in the payment of rent hereunder. Landlord Sublessee acknowledges that any such guarantee will be given by Sublessor merely as an accommodation to Sublessee and Sublessee agrees to hold Sublessor harmless thereunder. This provision shall endeavor not be construed to be an agreement by Sublessor to make such a guarantee, which can only be made in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occura separate instrument.

Appears in 1 contract

Sources: Lease Agreement (Etravnet Com Inc)

Premises. Landlord shall endeavor Subject to tender possession the terms and conditions of this Amendment, effective as of the Renewal Term Commencement Date, the Premises shall be expanded to include that portion of the First Floor Space, consisting of approximately 17,006 rentable square feet, as shown on Exhibit “A” attached hereto and made a part hereof (with the Tenant Improvements “Expansion Premises”). Commencing on the Renewal Commencement Date, the Premises shall consist of the original Premises and the Core Expansion Premises with an aggregate area of approximately 47,736 rentable square feet. Notwithstanding the actual area of the Expansion Premises, Sublandlord and Shell Work Substantially CompleteSubtenant agree that the rentable square footage of the Expansion Premises set forth herein, which is approximately one-half ( 1/2) to Tenant on or before of the Estimated Delivery Date. If Core and Shell Work or rentable square footage of the Tenant Improvements as required First Floor Space pursuant to the terms measurements set forth in the Master Lease, shall be a fair and reasonable approximation of the Work Letter are not Substantially Complete on or before area of the Estimated Delivery Date for Expansion Premises until such time as the Expansion Premises may be demised from the Remainder First Floor Space; provided that upon any reason whatsoever, then this Lease demise of the Expansion Premises from the Remainder First Floor Space Subtenant shall be permitted to measure the Expansion Premises in accordance with Section 4 below. Subtenant shall not be void use or voidableoccupy, Landlord shall not be liable or permit any of its employees, subtenants or invitees to Tenant for use or occupy, any loss of the Remainder First Floor Space as a part of Subtenant’s business or damage resulting therefrom operations in the Expansion Premises at any time during the Term without Sublandlord’s prior written approval in each instance; and in the event that Sublandlord reasonably determines that Subtenant or any of its employees, subtenants or invitees is using or occupying any of the Remainder First Floor Space in a manner that is inconsistent with such space being maintained separate from the Expansion Premises, Sublandlord may provide Subtenant with written notice of such determination and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursreasons therefor; provided, however, if that Sublandlord shall not be required to deliver more than one such notice during the satisfaction Renewal Term. Upon the second event of such unauthorized use of the requirements for Substantial Completion Remainder First Floor Space, or if Subtenant fails to terminate such unauthorized use within three (3) days following its receipt of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant DelaySublandlord’s written notice, Substantial Completion of Core and Shell Work and the Tenant Improvements Subtenant shall be deemed immediately obligated to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and pay Monthly Rent for the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and entire Remainder First Floor Space at the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as applicable Monthly Rent per rentable square foot set forth in this Lease Section 6 below, without any right to continue such occupancy or use; and further provided that such use or occupancy may, in Sublandlord’s discretion be treated as a Subtenant default, subject to Subtenant’s applicable cure rights and to all of Sublandlord’s rights and remedies under the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurSublease.

Appears in 1 contract

Sources: Sublease (Provide Commerce Inc)

Premises. Landlord hereby leases to Tenant the Premises, but excluding the Common Area (as herein defined), and any other portion of the Land, Property and/or the Project. Tenant (i) ACCEPTS THE PREMISES “AS-IS,” EXCEPT FOR THE LANDLORD WORK AND OTHERWISE AS EXPRESSLY PROVIDED HEREIN, WITH TENANT ACCEPTING ALL DEFECTS, IF ANY; AND LANDLORD MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES (WITHOUT LIMITATION, LANDLORD MAKES NO WARRANTY AS TO THE HABITABILITY, FITNESS OR SUITABILITY OF THE PREMISES FOR A PARTICULAR PURPOSE, NOR AS TO COMPLIANCE WITH ANY APPLICABLE LAWS (AS HEREIN DEFINED), OR AS TO THE ABSENCE OF ANY TOXIC OR OTHERWISE HAZARDOUS MATERIALS), (ii) acknowledges that the Premises are acceptable for Tenant’s use, and (iii) except as expressly provided herein, waives all claims of defect in the Premises and any implied warranty that the Premises are suitable for Tenant’s intended purposes. Tenant hereby acknowledges that the area of the Premises, the Building and the Project set forth in the Basic Lease Information is approximate only, and Tenant accepts and agrees to be bound by such figures for all purposes in this Lease. Notwithstanding anything to the contrary contained in this Section 2.1, Landlord hereby covenants that, on the date of Substantial Completion of Landlord’s Work, the Landlord’s Work shall endeavor to tender possession be in a condition that meets all current Applicable Laws as then interpreted, including, without limitation, the ADA (as defined in Section 2.2 below), and the Premises shall otherwise be vacant and broom clean, and the structural portions of the roof of the Premises shall be in good condition and repair (with collectively, the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated “Required Delivery DateCondition”). If Core and Shell Work it is determined that the Premises or the Tenant Improvements as required pursuant to Common Areas were not in the terms Required Delivery Condition, the validity of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void affected or voidableimpaired thereby, Landlord shall not be in default under the terms of this Lease or be liable to Tenant for any loss damages therefor, nor shall Tenant be permitted to nullify delivery or damage resulting therefrom and acceptance of the Term Commencement Date Premises or be entitled to abatement of any of Tenant’s obligations under this Lease, but as Tenant’s sole remedy, Landlord, at no cost to Tenant, shall not occur until Substantial Completion of Core and Shell Work and perform such work or take such other action as may be necessary to place the Tenant Improvements occurssame in the Required Delivery Condition; provided, however, that if the satisfaction Tenant does not give Landlord notice of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay deficiency in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: Required Delivery Condition within one (1) delays or failure month following the Commencement Date, correction of Tenant to deliver items in accordance with such deficiency shall be governed by the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its parties’ respective maintenance and repair obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.Lease

Appears in 1 contract

Sources: Single Tenant Industrial Triple Net Lease (GenMark Diagnostics, Inc.)

Premises. Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord for the Lease Term, subject to and with the benefit of the terms, covenants and conditions of this Lease, and of rights, agreements, easements and restrictions of record applicable to the Property, all of which Tenant shall perform and observe insofar as the same are applicable to the Premises. Tenant shall have access to the premises twenty-four (24) hours per day, seven (7) days per week during the Lease Term, subject to the terms and conditions of this Lease. Tenant shall have the right to the non-exclusive use of all exterior portions of the Property that are designated by Landlord from time to time for the common use of Tenant, Landlord, and all other tenants of the Building at and above grade level, but Tenant shall not have any right of access, control over, or other ability to use any portion of the Property below grade level, all of which is hereby reserved to Landlord. Notwithstanding anything set forth elsewhere in this Lease to the contrary, Tenant shall not have the right to use the roof of the Building or any portion thereof except with the prior written consent of Landlord (which prior written consent of Landlord may be withheld by Landlord in its sole and absolute discretion). Notwithstanding the foregoing, Landlord shall endeavor construct an approximate 16’ x 35’ concrete pad (the “Generator Pad”) close to tender possession the building, and Tenant shall have the right to install thereon generator(s), compressor(s) and such other equipment as Tenant may desire, subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. Notwithstanding anything to the contrary set forth elsewhere in this Lease, Landlord shall have the right to use (a) the roof of the Building and any and all portions thereof at any time or times during the Lease Term for the installation and/or operation of solar equipment, antennae and other communication equipment, water collection facilities, and/or such other equipment as Landlord shall deem necessary or appropriate and (b) the Land and any and all portions thereof at any time or times during the Lease Term for the installation and/or operation of solar panels, wind turbines, communication equipment, billboards, and/or such other ground-based equipment as Landlord shall deem necessary or appropriate, and in each case Landlord will use commercially reasonable efforts not to materially interfere with Tenant’s use of the Premises or increase Tenant’s costs. Tenant shall have the right to use the roof of the Building (or such other portion of the Property as Landlord shall reasonably determine) in common with the Landlord for the installation of HVAC and other equipment and apparatuses as Tenant Improvements may desire, subject to Landlord’s prior written consent in each individual case, which consent may be granted or withheld in Landlord’s sole and absolute discretion; provided that Tenant shall remove any such HVAC equipment upon the Core and Shell Work Substantially Complete) to Tenant on expiration or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms earlier termination of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurTerm.

Appears in 1 contract

Sources: Lease Agreement (Biolife Solutions Inc)

Premises. (a) Landlord shall endeavor hereby leases to tender possession Tenant, and Tenant hereby leases from Landlord, subject to the provisions of this Lease, certain premises described in Subsection 1.01(i) above (“Premises”) located within the building described in Subsection 1.01(h) (the “Building”) owned by Landlord, and which is a portion of the Premises (“Project” identified in Subsection 1.01(f). The Site Plan for the Project attached hereto as Exhibit B is attached for location reference purposes only and shall not constitute a representation or warranty by Landlord to be the final plan of the Project, or to require Landlord to build any improvements, or to otherwise comply with the Tenant Improvements and the Core and Shell Work Substantially Completesite plan or require Landlord to lease space to a particular tenant or type of tenant. (b) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the The term “Rentable Area of the Premises Premises,” “rentable square feet,” “actual square footage” and words of similar import (whether or not spelled with initial capitals) as used in accordance with Article 9this Lease will be determined using the “American National Standard Z65.1-1996 for a multi-tenant building” by BOMA International. Tenant acknowledges that, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto except as Exhibit G; (2) Tenant’s failure to fulfill its obligations as otherwise expressly set forth in this Lease Lease, neither Landlord nor any agent, property manager or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure broker of Landlord and Tenant to agree (for has made any reason, provided Landlord acts in good faith and diligently to work with Tenant representation or warranty with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Premises, the Building, the Common Areas or the Project or their suitability for the conduct of Tenant’s business and, that except only for any improvements that Landlord delivers a draft Budget has expressly agreed herein to Tenant or any request by Tenant construct and install, the Premises are leased in the “AS IS” condition existing at the time of execution of this Lease. Notwithstanding the foregoing, Landlord represents that the scope of the Tenant Improvements be modified Building was constructed in connection a first-class manner with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor good workmanship and materials and was in good faith to provide Tenant compliance with at least thirty (30) days prior written notice all applicable laws, codes, ordinances, rules and regulations existing as of the date when the Building was constructed, and that the tenant improvements to be constructed by Landlord believes under Article III herein will be constructed in a first-class manner with good workmanship and materials and in compliance with all applicable laws, codes, ordinance, rules and regulations existing as of the Term Commencement Date will occurof this Lease, all as evidenced by the City of Bothell’s issuance of a certificate of occupancy for the Building. To Landlord’s knowledge, Landlord has not received written notice with respect to any violation of the Property of any applicable law, rule or regulation.

Appears in 1 contract

Sources: Lease Agreement (Solta Medical Inc)

Premises. Landlord shall endeavor to tender possession of The Premises demised by this Lease are located in that certain building (the “Building”) specified in the Basic Lease Information, which Building is located in that certain real estate development (the “Project”) specified in the Basic Lease Information. The Premises (with the Tenant Improvements and the Core Project have the address and Shell Work Substantially Complete) to Tenant on or before contain the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay square footage specified in the commencement or completion Basic Lease Information; provided that any statement of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as square footage set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialsLease, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that may have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress been used in calculating any of the work; (6) failure of economic terms hereof, is an approximation which Landlord and Tenant agree is reasonable and, except as expressly set forth in Paragraphs 4(d)(iii) below, no economic terms based thereon shall be subject to revision whether or not the actual square footage is more or less. The general outline of the Premises is depicted on Exhibit A, which is attached hereto and incorporated herein by this reference. For the avoidance of doubt, Landlord and Tenant acknowledge and agree that the Premises does not include: (a) any exterior walls or exterior windows, glass or glazing; (b) the roof (structure or membrane) and Building foundation; (c) electrical rooms not specifically designated for Tenant's use; (d) janitor's closets; (e) Building Systems, elevators or stair ▇▇▇▇▇; provided, however that all or portions of such areas may have been included in the determination of rentable square footage of the Premises. Tenant shall have the non-exclusive right (in common with the other tenants of the Project, Landlord and any reasonother person granted use by Landlord) to use the Common Areas (as hereinafter defined), provided Landlord acts in good faith and diligently to work with Tenant except that with respect to the Budget) on a mutually agreeable Budget within ten Project’s parking areas (10) calendar days after Landlord delivers a draft Budget to the “Parking Areas”), Tenant or any request by Tenant that shall have only the scope rights set forth in the Basic Lease Information and in Paragraph 43 below. For purposes of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.this Lease, “

Appears in 1 contract

Sources: Lease Agreement (Blackhawk Network Holdings, Inc)

Premises. 1.1 Landlord shall endeavor hereby leases to tender possession Tenant, and Tenant hereby leases from Landlord, that certain real property (the “Premises”) consisting of the office space as described in Paragraph A(1), above, and as is depicted in the cross-hatched area on Exhibit “A” attached to this Lease. The Premises are located in an office project consisting of two office buildings located at 1875 and ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (collectively the “Building”). Tenant acknowledges that this Lease is made subject to all existing liens, encumbrances, deeds of trust, covenants, conditions and restrictions, and other matters of record, and to zoning, building and fire ordinances and all governmental statutes, rules and regulations relating to the use or occupancy of the Premises. 1.2 Unless expressly stated otherwise in this Lease, any changes or improvements to the Premises shall be made at Tenant’s sole cost and expense, with the reasonable approval and under the direction of Landlord and employing the services of Landlord’s contractor and in accordance with any other applicable provisions of this Lease, including but not limited to Paragraph 7. 1.3 Tenant Improvements and acknowledges that neither Landlord nor any agent or employee of Landlord have made any representation or warranty with respect to the Core and Shell Work Substantially Complete) to Tenant on or before Premises, the Estimated Delivery Date. If Core and Shell Work Building or the land upon which the Building is situated (the "Land”) as further described in Exhibit "B" attached hereto. Tenant Improvements further acknowledges that no representations or warranties as required pursuant to the terms state of construction or repair of the Work Letter Premises, nor promises to alter, remodel, improve, repair, decorate or paint the Premises, have been made by Landlord, unless such are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then expressly set forth in this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction Lease. 1.4 As of the requirements for Substantial Completion effective date of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delaythis Lease, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must is hereby agreed to be approved by Landlord and Tenant 4,699 rentable square feet (both hereby agreeing to act reasonably with respect to granting such approval4,020 usable square feet). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth The amounts stated in this Lease or Paragraph 1.4 have been conclusively agreed upon by the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurparties.

Appears in 1 contract

Sources: Lease Agreement

Premises. Landlord shall endeavor to tender possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this This Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have become effective when it has been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved signed by Landlord and Tenant (the date this Lease becomes effective being both the “Effective Date” and the “Commencement Date”). Tenant currently leases the Premises (defined below) from Landlord pursuant to a lease dated August 24, 1998 between Landlord’s predecessor in interest (by assignment), Sobrato Land Holdings, a California limited partnership, and Tenant’s predecessor in interest (by assignment), Symbol Technologies, Inc., a Delaware corporation (such lease, as the same has been amended as of the Effective Date, being the “Existing Lease”). Unless and until this Lease becomes effective, the Existing Lease shall remain in full force and effect on the terms and conditions contained in the Existing Lease. Immediately upon this Lease becoming effective, the Existing Lease shall automatically terminate, and the term of this Lease shall immediately commence, and Tenant shall continue in occupancy of the Premises pursuant to this Lease. Subject to this Lease becoming effective, Landlord hereby agreeing leases to act reasonably Tenant, and Tenant hires from Landlord those certain premises situated in the City of San ▇▇▇▇, County of Santa ▇▇▇▇▇, State of California, being all of the rentable square footage contained in that certain building commonly known and designated as 6480 Via Del Oro (the “Premises”), the general location of such building being shown on Exhibit “A” attached hereto. For purposes of this Lease, the square footage of the building in which the Premises is located (“Building”) is deemed to be one hundred two thousand one hundred thirty nine (102,139) rentable square feet. Tenant shall have the nonexclusive right during the Lease Term (defined in Section 4.A below) to use three hundred fifty (350) of the parking spaces within the Common Area (defined below), provided however that (i) Tenant may not use any parking spaces upon an Additional Building Parcel (defined below) which are designated by the owner of such Additional Building Parcel from time to time for the exclusive use of its tenants and other designated users, and (ii) the number of parking spaces which Tenant is allowed to use under this Lease shall be proportionally reduced in the event the size of the Premises decreases or there is a taking of the Common Area which decreases the number of parking spaces in the Project. In addition, during the Lease Term, Tenant shall have the non-exclusive right to use other areas in the Project designated by Landlord as common area from time to time (the parking areas and such other areas designated by Landlord as common area being the “Common Area”) including but not limited to sidewalks, service areas, and other common exterior facilities. Unless expressly provided otherwise, the term Premises as used herein shall include the Tenant Improvements (defined in Section 6.B below). The Building and Common Area are situated within a project site shared with four (4) additional buildings shown generally on Exhibit “A” attached hereto (“Project”). The four (4) additional buildings in the Project consist of the following buildings owned by various entities (each, an “Additional Building”): (i) ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, deemed to contain eighty two thousand one hundred forty four (82,144) rentable square feet,; (ii) ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, deemed to contain one hundred two thousand one hundred thirty nine (102,139) rentable square feet; (iii) ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (the “6377 San ▇▇▇▇▇▇▇ Building”), deemed to contain eighty two thousand five hundred seventy four (82,574) rentable square feet; and (iv) ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, deemed to contain sixty four thousand three hundred eighty five (64,385) rentable square feet. The parcel of land upon which an Additional Building is located is referred to in this Lease as an “Additional Building Parcel”. Landlord shall have the right, in its sole and absolute discretion, from time to time, to do the following, provided that reasonable access to the Premises remains available, such changes or actions do not materially interfere with Tenant’s use of the Premises or its business operations, and the number of parking spaces allocated to Tenant is not permanently reduced: (a) make changes to the Common Area and/or the Project, including, without limitation, driveways, entrances, circulation drives, parking spaces, parking areas, direction of driveways, landscaped areas and walkways; (b) close temporarily any of the Common Area for maintenance and repair purposes or to prevent a public dedication thereof; (c) add additional buildings to the Project and improvements to the Common Area or remove (except for the Building) or alter existing buildings or improvements in the Project; (d) use the Common Area while engaged in making additional improvements, repairs or alterations to the Project; (e) erect, use, and maintain pipes, wires and conduits in and through the Premises; and (f) do and perform any other acts, alter or expand or make any other changes in, to or with respect to granting the Common Area and/or the Project as Landlord may, in its sole and absolute discretion, deem to be appropriate, all of which are hereby consented to by Tenant. Landlord reserves the absolute right to effectuate such approval). “Tenant Delay” shall mean any delay other tenancies in the commencement other Project buildings that Landlord may own from time to time (if any), as Landlord in the exercise of its sole business judgment shall determine to best promote the interests of Landlord. Tenant has not relied on the fact, nor has Landlord represented, that any specific tenant or completion type or number of tenants shall occupy any space in the Core other Project buildings, or that any specific tenant or type of tenant shall be excluded from occupying any space in the other Project buildings. Landlord and Shell Work or Tenant have agreed to use the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as square footage numbers set forth in this Lease or as the Work Letter basis of calculating the rent due under this Lease and Tenant’s Allocable Share (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined Section 9.E below). The rent per square foot numbers set forth in the Work Letter); (4) unavailability third column of materialsthe Base Monthly Rent schedule in Paragraph 15 of the Basic Lease Information Sheet is intended solely as an approximate number calculated based on the agreed upon rentable square footage number for the Premises set forth in this Lease. Notwithstanding such rent per square foot numbers, components the Base Monthly Rent amount set forth in the second column of such Base Monthly Rent schedule in Paragraph 15 of the Basic Lease Information Sheet shall control and shall not be subject to revision if the actual square footage of the Premises is more or finishes for Core less than the square footage stated in this Lease. The rent due under this Lease and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with Allocable Share shall not be subject to revision if the progress actual square footages are more or less than as stated in this Lease, except in the event of a physical expansion or contraction of the work; (6) failure rentable square footage in the Premises or Project, in the event of Landlord and Tenant a partial taking of the Project which reduces the parking spaces within the Project as described in Section 17 below, or as otherwise expressly provided in this Lease. No representation or warranty of any kind, express or implied, is given to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant square footage or acreage of the Premises, Building or any request by Tenant that the scope other portion of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order RequestProject. Landlord shall endeavor have no liability to Tenant if the square footages or acreage described in good faith to provide Tenant with at least thirty (30) days prior written notice of this Lease differ from the date when Landlord believes the Term Commencement Date will occuractual square footages or acreage.

Appears in 1 contract

Sources: Lease Agreement (Extreme Networks Inc)

Premises. (a) Landlord does hereby rent and lease to Tenant and Tenant does hereby rent and lease from Landlord the Premises located in the Building and in the Industrial Center identified in the Basic Lease Provisions, situated on the real property described in Exhibit "A" attached hereto (the "Property"), such Premises as all further shown by diagonal lines on the drawing attached hereto as Exhibit "A-1" and made a part hereof by reference. Tenant has inspected the Premises and agrees to accept the same "AS IS," without representation or warranty on the part of Landlord to perform any improvements therein, except as expressly set forth in Exhibit "B" attached hereto and made a part of hereof, subject to all other representations and warranties of Landlord expressly set forth in this Lease. Landlord and Tenant agree that the number of rentable square feet described in Paragraph 2 of the Basic Lease Provisions has been confirmed and conclusively agreed upon by the parties. No easement for light, air or view is granted hereunder or included within or appurtenant to the Premises. (b) Tenant shall endeavor be entitled to tender possession use the number of unreserved parking spaces specified in Paragraph 9 of the Basic Lease Provisions on those portions of the Common Areas designated from time to time by Landlord for parking, which shall include fifteen (15) general "visitor"-designated parking spaces near the front entrance of the Premises (with marked on the ground as such and identified by signage erected by Landlord). Tenant Improvements shall not use more parking spaces than said number. Said parking spaces shall be used for parking by vehicles no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Vehicles other than Permitted Size Vehicles shall be parked and loaded or unloaded as directed by Landlord in the Core Rules and Shell Work Substantially Complete) Regulations as defined in Paragraph 14 issued by Landlord. Tenant shall not permit or allow any vehicles that belong to or are controlled by Tenant on or before the Estimated Delivery DateTenant's employees, suppliers, shippers, customers, contractors or invitees to be loaded, unloaded, or parked in areas other than those designated by Landlord for such activities. If Core Tenant permits or allows any of the prohibited activities described in this Paragraph 1, then Landlord shall have the right, upon reasonable notice (which may take the form of a general notice in the parking areas), in addition to such other rights and Shell Work remedies that it may have, to remove or tow away the vehicle involved and charge the cost to Tenant, which cost shall be immediately payable upon demand by Landlord. (i) The term "common areas" is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Industrial Center and interior utility raceways within the Premises that are provided and designated by the Landlord from time to time for the general non-exclusive use of Landlord, Tenant Improvements and other Tenants of the Industrial Center and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. Within such common areas, Landlord shall provide Tenant with a loading area for Tenant's exclusive access. (ii) Landlord hereby grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the common areas as required pursuant they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or under the terms of any rules and regulations or restrictions governing the Work Letter are not Substantially Complete on use of the Industrial Center; provided, however that Tenant shall have no right to use the common areas of buildings in the Industrial Center other than the common areas within the Building. Under no circumstances shall the right herein granted to use the common areas be deemed to included the right to store any property, temporarily or before permanently, in the Estimated Delivery Date for common areas. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord's designated agent, which consent may be revoked at any reason whatsoever, time. In the event that any unauthorized storage shall occur then this Lease shall not be void or voidable, Landlord shall not have the right, without notice, in addition to such other rights and remedies that it may have, to remove the property and charge the cost of Tenant, which cost shall be liable immediately payable upon demand by Landlord. (iii) Landlord or such other person(s) as Landlord may appoint shall have the exclusive control and management of the common areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable, non-discriminatory Rules and Regulations with respect thereto in accordance with Paragraph 14. Tenant for any loss or damage resulting therefrom agrees to abide by and the Term Commencement Date shall not occur until Substantial Completion of Core conform to all such Rules and Shell Work Regulations, and the Tenant Improvements occursto cause its employees, suppliers, shippers, customers, contractors and invitees to so abide and conform; provided, however, that Tenant shall only be bound by Rules and Regulations and changes thereto if the satisfaction of the requirements for Substantial Completion of Core Landlord has provided such Rules and Shell Work Regulations (or the changes thereto) to Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion case of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect changes to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Rules and Regulations, Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least has received thirty (30) days prior written notice of such changes. Landlord shall not be responsible to Tenant for the date when non-compliance with said rules and regulations by other tenants of the Industrial Center, but, upon receipt of written notice from Tenant, landlord shall use commercially reasonable efforts to enforce such rules and regulations as to other tenants not in compliance therewith. (iv) Tenant shall not succeed to any of Landlord's easement rights over and relating to the Property, nor shall Tenant obtain any rights to common areas, as designated by Landlord, other than those rights specifically granted to Tenant in this Lease. Landlord believes shall have the Term Commencement Date will occursole right of control over the use, maintenance, configuration, repair and improvement of the common areas, which Landlord shall keep neat and clean and in good condition and repair. Landlord may make such changes to the use or configuration of, or improvements comprising, the common areas as Landlord may elect without liability to Tenant, provided that Landlord shall not have the right to make any changes that materially adversely affect Tenant's vehicular parking rights or areas, Tenant's path of ingress and egress, Tenant's signage, the common area lighting, or Tenant's use and enjoyment of the Premises and common areas.

Appears in 1 contract

Sources: Industrial Lease Agreement (Altigen Communications Inc)

Premises. Landlord shall endeavor Sublessor hereby releases to tender possession Sublessee on the terms and conditions set forth in this Sublease the Master Premises (“Premises”): There is a discrepancy in the size of the Building between that referred to in the Master Lease and that referred to in the space plan of the Building. For all purposes of this Sublease, the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) shall be conclusively deemed to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required be 85,356 square feet calculated pursuant to the terms Standard Method of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverMeasuring Floor Area, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when ANSI Z65.1-1996 (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred“BOMA Standard”). Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of Sublessee accepts the Premises in accordance with Article 9their present “AS-IS” condition and shall be responsible, which calculation must be approved by Landlord at its cost and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement expense, for all alterations, improvements, additions and other work required or completion desired for its use and occupancy of the Core Premises, except for the work, if any specified in Exhibit B which is to be performed by Sublessor at its cost as therein provided. Sublessee will use its own due diligence to determine if the Property is in compliance with all laws, codes and Shell Work or regulations having jurisdiction including building codes, fire codes, life safety and ADA and will satisfy itself as to the TI Work that results from or arises out of any conditions of the following: (1) delays or failure building and the air conditioning units, plumbing, heating and electrical panels and meters. To the best of Tenant to deliver items Sublessor’s knowledge, there are no known violations of law. All improvements by Sublessee shall be pre-approved, constructed and maintained by Sublessee in accordance with the Work Letter attached hereto Master Lease. If required by Lessor, Sublessee, shall, remove any improvements installed by Sublessee before the end of Sublessee’s term hereunder, however terminated during the Sublease term. Sublessee desires to install HVAC units and has submitted plans with respect thereto. Sublessee warrants, and Sublessor guarantees, that the HVAC units, if approved, will be watertight and that the integrity of the roof will not be impaired thereby. Until further notice by the Lessor, the HVAC units will not be removed before or upon the end of Sublessee’s term hereunder, however, terminated and shall remain on the premises. Any removal and restoration of improvements by Sublessee as Exhibit G; (2) Tenant’s failure may be required by Lessor, shall he completed prior to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items end of the Sublease term and in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined Master Lease. Sublessor Warrants that, should Sublessee’s installation, removal or maintenance of any improvements cause Lessor damage, Sublessor, in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materialsaddition to Sublessee shall be jointly and severally responsible to Lessor for all costs and damages resulting therefrom, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurincluding attorneys’ fees.

Appears in 1 contract

Sources: Sublease Agreement (AeroVironment Inc)

Premises. Landlord shall endeavor hereby ]cases to tender possession Tenant and Tenant hereby leases from Landlord, subject to all of the terms and conditions set forth herein, those certain premises (the "PREMISES") described in the Basic Lease Information and as outlined in red or as shown in the cross-hatched markings on the floor plan attached hereto as EXHIBIT B. The parties agree that for all purposes hereunder the Premises shall be stipulated to contain the number of square feet of rentable area described in the Basic Lease Information. The Premises are located in that certain office building (containing 46,478 rentable square feet of space) (the "BUILDING") whose street address is as shown in the Basic Lease Information, and such rentable area shall not be subject to remeasurement or modification. The Building is located on that certain land which is also improved with the Tenant Improvements landscaping, parking facilities and other improvements and appurtenances. Such land, together with all such improvements and appurtenances and the Core Building, are all or part of a project which may consist of more than one building and Shell Work Substantially Completeadditional facilities, as described in the Basic Lease Information (containing 260,026 rentable square feet of space) (collectively referred to Tenant on herein as the "PROJECT"). However, Landlord reserves the right to make such changes, additions and/or deletions to such land, the Building and the Project and/or the common areas and parking or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements other facilities thereof as required pursuant it shall determine from time to the terms time, provided that, in connection with such changes, additions and/or deletions (i) Tenant's obligations under Paragraph 3 of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void increased as a result thereof, and (ii) Landlord agrees to use commercially reasonable efforts to avoid material and adverse interference with Tenant's use of or voidableaccess to the Premises and the parking facilities servicing the same. During the Term, Landlord shall not be liable maintain the Building and Project in a manner at least consistent with the manner in which the Building and Project are being maintained as of the date of this Lease. Subject to Landlord's reasonable rules and regulations, Tenant for any loss or damage resulting therefrom shall have access to the Premises and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and parking facilities servicing the Tenant Improvements occurs; providedsame, howevertwenty-four (24) hours a day, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or seven (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occura week.

Appears in 1 contract

Sources: Office Lease (L90 Inc)

Premises. Landlord shall endeavor (a) Lessor is the owner of a parcel of land (the "Land") and building (the "Building") located in the City of Redwood City, County of San Mateo, State of California, commonly known as 700 El Camino Real (APN: 52195140) (the Building and the Land are c▇▇▇▇▇▇▇▇▇▇▇. ▇▇▇ "Property"). The Land is more particularly described in Exhibit A annexed hereto. Lessor hereby leases to tender possession Lessee and Lessee leases from Lessor approximately Two Hundred Ten (210) square feet of space on the roof of the Premises Building for the placement of its equipment shelter and space on the roof of (he building for the placement of up to twelve (12) panel antennas and all access and utility easements (collectively. the "Premises"), as described in Exhibit B annexed hereto. (b) Lessor hereby reserves the right upon not less than ninety (90) day's prior written notice. to require Lessee, to relocate the Lessee's antenna to another location on the Building ("Alternate Antenna Location"), in the event Lessor plans a renovation or expansion of ail or part of the Building and Lessee's antennas directly affect the portion of the Building to be renovated or expanded. In the event of such renovation or expansion of the Building: (i) The Alternate Antenna Location shall, in Lessee's sole and reasonable judgment. be similar in area and appropriateness for Lessee's purposes, (ii) Lessee is able, with reasonable efforts, to acquire any governmental approvals required for the relocation, if any, (iii) that if such required relocation occurs more than once during the Term or any Renewal Term of the Agreement, Lessor shall pay any and all expenses connected with moving Lessee, its properly and its antennas to the Alternate Antenna Location and back to the original site, provided however, any cost associated with the Tenant Improvements and first temporary relocation pursuant to this Agreement shall be borne solely by Lessee (2) Upon conclusion of the Core and Shell Work Substantially Complete) Building renovation, Lessee's antennas shall be moved back to Tenant on or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required Premises, pursuant to the terms cost basis as provided in (b)(l)(iii), and Lessee will cease use of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurAlternate Antenna Location.

Appears in 1 contract

Sources: Communications Site Lease Agreement (FNB Bancorp/Ca/)

Premises. (a) Notwithstanding anything to the contrary contained in the Lease, subject to satisfaction of the Contingency (as defined below), Landlord does hereby lease to Tenant and Tenant does hereby lease from Landlord three thousand two hundred seventy-four (3,274) square feet of rentable area located on the second (2nd) floor of the East Tower (currently known as Suite 200E), as shown more particularly on Attachment A hereto (“Amendment No. 3 Expansion Space”). The rentable area of the Amendment No. 3 Expansion Space has been calculated in accordance with BOMA (as defined in the Initial Lease). The Lease Term with respect to the Amendment No. 3 Expansion Space shall commence on the Expansion Delivery Date (as defined below), shall continue through the Expansion Commencement Date (as defined below), shall be coterminous with the Lease Term for the Initial Premises, and shall be extended for the Amendment No. 3 Renewal Term (as defined below) (which Amendment No. 3 Renewal Term shall be applicable solely with respect to the Amendment No. 3 Expansion Space). From and after the Expansion Delivery Date, the Amendment No. 3 Expansion Space shall be subject to, and have the benefits of, all of the terms and conditions of the Lease applicable with respect to the Initial Premises for the entire Lease Term with respect to the Initial Premises, and thereafter for the Amendment No. 3 Renewal Term, except as otherwise expressly provided herein. (b) (i) Landlord shall endeavor to tender deliver possession of the Premises (with the Tenant Improvements and the Core and Shell Work Substantially Complete) Amendment No. 3 Expansion Space to Tenant on or before the Estimated (“Expansion Delivery Date. If Core and Shell Work or the Tenant Improvements ”), in its as-is condition as required pursuant to the terms of the Work Letter are not Substantially Complete on or before date of delivery, promptly after the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed latest to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (A) the date on which this Amendment No. 3 has been fully executed and delivered, (B) April 1, 2018, and (C) delays or failure the later of Tenant to deliver items in accordance (I) the date on which a termination agreement with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress current occupant of the work; Amendment No. 3 Expansion Space (6“Current Occupant”) failure of has been fully executed and delivered, and (II) the date on which the Current Occupant has vacated and surrendered possession to Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order RequestAmendment No. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.3

Appears in 1 contract

Sources: Lease (Vanda Pharmaceuticals Inc.)

Premises. Landlord “As-Is”; Initial Alterations. Except as otherwise provided herein, Tenant shall endeavor to tender possession of accept the Premises (with the Tenant Improvements in their “as is” state and the Core condition and, except as provided in Paragraphs 4.b. and Shell Work Substantially Complete) to Tenant on or before the Estimated Delivery Date4.d. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidablebelow, Landlord shall not be liable have no obligation to Tenant make or pay for any loss improvements or damage resulting therefrom renovations in or to the Premises or to otherwise prepare the Premises for Tenant’s occupancy. The parties acknowledge that Tenant intends to make certain alterations and improvements (the Term Commencement Date “Initial Alterations”) to the Premises prior to commencing business therein. The construction of the Initial Alterations shall be governed by Paragraph 9 below. Without limiting the generality of the foregoing, the Alteration Operations Fee provided for in Paragraph 9.a. below shall apply to the construction of the Initial Alterations, except that, with respect to the Initial Alterations only, the Alteration Operations Fee shall not occur until Substantial Completion exceed one percent (1%) of Core and Shell Work and the cost of the Initial Alterations. In connection with the Initial Alterations, Landlord agrees that Tenant Improvements occurs; providedmay utilize ▇▇▇▇ Architecture as its space planner, howeverHowever, any other architects, space planners or engineers engaged by Tenant shall be subject to Landlord’s prior written approval (not to be unreasonably withheld). In addition, if Tenant desires to utilize an engineer other than Landlord’s designated Building engineers (the satisfaction “Building Engineers”) for the preparation of mechanical, electrical and plumbing engineering drawings and Landlord approves Tenant’s requested engineer, Tenant acknowledges and agrees that it will pay the cost of review by the Building Engineers of all such mechanical, electrical and plumbing drawings, which shall be at market rates commensurate for what is charged by similar engineers for similarly-situated Class A office buildings similar to the Building, and in addition to the Alteration Operations Fee. The general contractor selected by Tenant to construct the Initial Alterations and approved by Landlord pursuant to Paragraph 9.a. below is referred to hereinafter as “Tenant’s Contractor.” In no event shall Tenant or Tenant’s Contractor be given access to the Premises for purposes of constructing the Initial Alterations until the plans therefor have been approved by Landlord pursuant to Paragraph 9.a. below and Tenant has delivered to Landlord the insurance certificates required by Landlord in connection with the work and required under Paragraph 15 below. If Landlord is prepared to deliver the Premises to Tenant, but Tenant is not given access to the Premises for the purposes of constructing the Initial Alterations because the conditions of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements immediately preceding sentence have not been delayed by any Tenant Delaysatisfied, Substantial Completion of Core and Shell Work and the Tenant Improvements then Landlord shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work have delivered the Premises to Tenant on the date that Landlord was prepared to so deliver the Premises to Tenant and the Tenant Improvements would Delivery Date will be deemed to have occurred if on such date, notwithstanding the fact that Tenant Delay had and Tenant’s Contractor are not occurredpermitted access for purposes of construction until the aforementioned conditions are satisfied. Within thirty (30) days after Substantial Completion of Core and Shell Work and Notwithstanding the Tenant Improvementsforegoing, LandlordTenant’s architect Contractor shall calculate and certify in writing be allowed access to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing for purposes other than constructing the Initial Alterations provided the requisite insurance certificates have been delivered to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur.

Appears in 1 contract

Sources: Office Lease (Salt Blockchain Inc.)

Premises. Landlord leases to Tenant and Tenant leases from Landlord the Premises, together with the right in common with others to use the Common Areas. Tenant accepts the Premises, Building and Common Areas "AS IS", without relying on any representation, covenant or warranty by Landlord other than as expressly set forth in this Lease. Landlord and Tenant stipulate and agree to the rentable square footage set forth in Section 1 above without regard to actual measurement. (a) Landlord shall endeavor cause to tender possession of be constructed, in compliance with applicable Laws, the improvements, modifications and alterations to the Premises set forth on and in accordance with Exhibits "C" and "C-1" (with collectively, the "Tenant Improvements"). In constructing the Tenant Improvements, Landlord shall use Building standard materials and finishes (unless otherwise provided on Exhibits "C" and "C-1") and Landlord reserves the right, subject to Tenant's reasonable approval, to make substitutions of material of equivalent grade and quality if any specified material shall not be readily and reasonably available. Upon the Tenant Improvements being Substantially Completed, Landlord shall notify Tenant, and Tenant or its Agents shall inspect the Core Tenant Improvements with Landlord within five (5) business days of receipt of such notice from Landlord. Within five (5) business days following such inspection, Tenant shall deliver to Landlord a punchlist of defective or incomplete portions of the Tenant Improvements. Landlord shall cause such punchlist items to be repaired or completed within thirty (30) days of Landlord's receipt of the punchlist. Upon completion of all punchlist items to Tenant's reasonable satisfaction, it shall be presumed that all of the Tenant Improvements shall be free from readily discoverable defects in materials and Shell Work workmanship, excluding however, all repairs required in connection with routine maintenance and those repairs caused by Tenant. (b) Notwithstanding the foregoing, in the event that the Tenant Improvements are not Substantially Complete) to Tenant Completed on or before the Estimated Delivery Commencement Date. If Core and Shell Work , in whole or the in part, due to Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoeverDelay, then this Lease Tenant's obligation to pay Rent hereunder shall not be void affected or voidabledeferred on account of such delay and, Landlord the Commencement Date shall not be liable deemed to Tenant for any loss or damage resulting therefrom be the Estimated Commencement Date and the Term shall be extended for the number of days attributable to Tenant Delay (and Minimum Annual Rent during such extended period shall be the Minimum Annual Rent attributable to the last year of the initial Term of the Lease). (c) Following the determination of the Commencement Date Date, the parties shall not occur until Substantial Completion execute a commencement date memorandum memorializing the Commencement Date, Free Rent Period, Expiration Date, Tenant's acceptance of Core the Premises and Shell Work such other items reasonably requested by Landlord. (d) Notwithstanding the foregoing, upon the Commencement Date, Landlord, at Landlord's sole cost and expense, shall deliver the Tenant Improvements occurs; Premises in compliance with all applicable Laws and shall deliver the roof, walls, floors and all sprinkler, lighting, loading, mechanical, electrical, heating and cooling and plumbing systems servicing the Premises in good working order, provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work that Landlord's obligations under this Section 2(d) shall exclude damages or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed defects to occur when (as reasonably determined by Landlord) Substantial Completion of Core and Shell Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Premises in accordance with Article 9, which calculation must be approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval). “Tenant Delay” shall mean any delay in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter attached hereto as Exhibit G; (2) Tenant’s failure to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget or TI Tenant Change Order Request. Landlord shall endeavor in good faith to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occur's Agents.

Appears in 1 contract

Sources: Lease Agreement (electroCore, Inc.)

Premises. Landlord shall endeavor Landlord, subject to tender possession the terms and conditions hereof, hereby leases to Tenant certain premises ("Premises") consisting of the building situated at 4700 Nathan Lane, Plymouth, Min▇▇▇▇▇▇ ("▇▇▇▇▇▇▇▇"), the land underlying and contiguous thereto and all improvements thereon (Project). The legal description of the land is attached hereto as Exhibit A-1. A schematic depiction of the Project is attached hereto as Exhibit A-2. Tenant acknowledges that as of the commencement of this Lease certain portions of the Premises may be occupied by Miles Homes Services, Inc. (with "Miles"). Miles has agreed to vacate the Tenant Improvements Premises according to the following schedule: Top Floor - February 8, 1996 Middle Floor - October 1, 1996 Lower Floor - May 5, 1996 The portion of the Premises occupied by Miles and the Core date by which Miles has agreed to vacate are depicted on Exhibit A-3 and Shell Work Substantially Complete) to Tenant on A-4. During such period that Miles is in possession of all or before the Estimated Delivery Date. If Core and Shell Work or the Tenant Improvements as required pursuant to the terms any part of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidablePremises, Landlord shall not defend, indemnify and hold Tenant harmless from and against all liability, damages and claims which may be liable to imposed upon or incurred or paid by or asserted against Tenant for by reason of or in connection with any loss use, possession or damage resulting therefrom and operation of any part of the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occursPremises or Project by Miles; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements that nothing contained in this sentence shall be deemed to occur when (as reasonably determined require Landlord to indemnify Tenant with respect to any negligent or tortious act committed by Landlord) Substantial Completion Tenant or any of Core and Shell Work and the its agents, contractors, employees or invitees. Landlord agrees to cooperate with Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Core and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area securing that part of the Premises in accordance with Article 9occupied solely by Tenant from intrusion by employees, agents, contractors or invitees of Miles. OPTION TO EXPAND INTO ADDITIONAL SPACE. Tenant has elected to expand the Building (such expansion referred to as the "Expansion Space") by approximately 60,000 square feet. Tenant shall have the right to control the design of the Expansion Space, subject to the consent of Landlord, which calculation must consent shall not be approved by Landlord and unreasonably withheld. Tenant (both hereby agreeing shall have the right to act reasonably with respect approve, in its sole discretion, the project costs for the Expansion Space. The developer's fee, equivalent to granting such approval). “Tenant Delay” shall mean any delay the Development Fee included in the commencement or completion of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items in accordance with the Work Letter Project Cost Schedule included on Exhibit B-2, shall be $150,000. The Project Schedule, attached hereto as Exhibit G; (2) D, sets forth milestone dates requiring Tenant’s failure 's input and approval. Subject to fulfill its obligations as set forth in this Lease or the Work Letter (including any failure to review or approve or disapprove any items in accordance with the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant or Tenant’s Agents that interferes with the progress of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect 's strict adherence to the Budget) on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget to Tenant or any request by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision Project Schedule and further subject to the Budget or TI Tenant Change Order Request. force majeure provisions of Section 32 of this Lease, Landlord shall endeavor in good faith warrants that it will complete the Expansion Space according to provide Tenant with at least thirty (30) days prior written notice of the date when Landlord believes the Term Commencement Date will occurProject Schedule.

Appears in 1 contract

Sources: Lease Agreement (Express Scripts Inc)

Premises. In consideration of the obligation of Tenant to pay rent as herein provided, and in consideration of the other terms, provisions and covenants hereof, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, certain premises to be comprised of approximately 35,353 rentable square feet (the "Premises") encompassing the third and fourths floor of a building consisting of approximately 118,825 rentable square feet to be constructed by Landlord consisting of four floors in Perimeter Park West (the "Building") situated on certain land (the "Land") in Morrisville, the County of Wake, State of North Carolina, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, together with all rights, privileges, easements, appurtenances and immunities belonging to or in any way pertaining to the Premises. The Building shall endeavor be connected to tender possession 4025 Paramount Parkway, Morrisville, NC, a building owned by Landlord an▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ currently occupied by Tenant, by a covered walkway (the "Walkway") over which shall be located a portion of the Premises, all of which shall be in accordance with the Plans (as hereinafter defined). Tenant has leased approximately 100,987 rentable square feet at 4025 Paramount Parkway pursuant to that certain Lease Agreement with Lan▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇, ▇▇97 (the "Prior Lease"). A floor plan of the Building and the Premises shall be attached hereto and made a part hereof as Exhibit B. The measurement of the Premises (shall be conducted in accordance with BOMA standards, 1996 edition, currently applicable for a Class A office building comparable to the Building. Any upfit performed by Landlord to prepare the Premises for occupancy by Tenant Improvements shall be conducted in a good and workmanlike manner, and Landlord shall warrant the Core and Shell Work Substantially Complete) to Tenant on or before construction of the Estimated Delivery improvements for a period of one year from the Commencement Date. If Core and Shell Work or the The taking of possession by Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Estimated Delivery Date for any reason whatsoever, then this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Term Commencement Date shall not occur until Substantial Completion of Core and Shell Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Core and Shell Work or the Tenant Improvements have been delayed by any Tenant Delay, Substantial Completion of Core and Shell Work and the Tenant Improvements shall be deemed conclusively to occur when (establish that each portion of the Premises and any improvements thereto are in good and satisfactory condition as reasonably determined by Landlord) Substantial Completion of Core the date Tenant commenced occupancy of that portion of the Premises, except for latent defects and Shell Work punchlist items. Tenant and Landlord shall complete a punchlist of items requiring repair that are the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within responsibility of Landlord within thirty (30) days after Substantial Completion of Core the Commencement Date. Tenant further acknowledges that no representations as to the repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord unless such representations or promises are expressly set forth in this Lease. Within five days of the Commencement Date, Tenant shall, upon demand of Landlord, execute and Shell Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing deliver to Landlord a letter of acceptance of delivery of the Premises, acknowledging the Commencement Date. All upfit of the Premises shall be performed by Landlord in accordance with the final plans and Tenant specifications for the Rentable Area Premises (the "Plans") which are subject to the approval of Landlord and Tenant, a copy of which are attached hereto and made a part hereof as Exhibit C. Landlord shall conduct the upfit of the Premises in accordance with Article 9, the Plans which calculation must be have been mutually and reasonably approved by Landlord and Tenant (both hereby agreeing to act reasonably with respect to granting such approval)Tenant. “Tenant Delay” shall mean any delay in the commencement or completion Construction of the Core and Shell Work or the TI Work that results from or arises out of any of the following: (1) delays or failure of Tenant to deliver items Premises shall proceed in accordance with the Work Letter Shell Building Design Schedule which shall be attached hereto and made a part hereof as Exhibit G; C-1. Landlord shall provide an upfit allowance for such purposes in an amount up to $20.00 per rentable square foot of the Premises below the finished ceiling (2) Tenant’s failure to fulfill its obligations the "Upfit Allowance"). The components of the base building, including, the finished ceiling shall be as set forth in this Lease or on Exhibit C-2, attached hereto and made a part hereof. Tenant shall review the Work Letter (including any failure Plans to review or approve or disapprove any items in accordance provide its input with respect to all aspects of the Work Letter); (3) delays caused by Tenant Change Order Requests (as defined in Plans, including, but not limited to, the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); (4) unavailability of materials, components or finishes for Core and Shell Work or the Tenant Improvements that differ from Landlord’s standard work or that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission specific needs of Tenant or Tenant’s Agents that interferes with respect to HVAC, and Landlord shall act reasonably to accommodate the progress specific needs of the work; (6) failure of Landlord and Tenant to agree (for any reason, provided Landlord acts in good faith and diligently to work with Tenant with respect to the BudgetHVAC and electrical systems in the Building. Any amounts incurred in the upfit of the Premises in excess of the Upfit Allowance (the "Excess") on a mutually agreeable Budget within ten (10) calendar days after Landlord delivers a draft Budget due to Tenant or any request modifications requested by Tenant that the scope of the Tenant Improvements be modified in connection with the Budget; or (7) delays caused by any revision to the Budget Plans after their mutual approval by Landlord and Tenant shall be borne by Tenant and paid by Tenant to Landlord within thirty days of demand made by Landlord. Failure by Tenant to pay the Excess upon demand as aforesaid is an event of default hereunder, and in addition, to all other remedies available to Landlord at law, or TI in equity for such event of default, Landlord may recover from Tenant Change Order Requestthe cost it incurs in preparing the Premises for another tenant. Landlord shall endeavor in good faith act reasonably to provide allow Tenant with reasonable access to the Premises at least thirty (30) fifteen days prior written notice to the Commencement Date to install its furniture, and telephone and computer systems. Tenant covenants and agrees to conduct its actions in such a manner to not disturb the preparation by Landlord of the date when Premises for occupancy by Tenant. Upon the entry by Tenant onto the Premises, this Lease shall be deemed to apply with respect to the requirements that Tenant carry the insurance policies required under this Lease, and that Tenant shall indemnify, defend and hold harmless Landlord believes in accordance with the Term Commencement Date will occurprovisions of this Lease, as provided in Sections 10 and 11 hereof.

Appears in 1 contract

Sources: Lease Agreement (Pharmaceutical Product Development Inc)