Storage Space. (i) Tenant shall have the Option to lease, on the terms of this Section 9(c), storage space on the Basement floor of the Building which storage space (the “Storage Space”) shall be identified in accordance with this Section 9(c), for a term (the “Storage Term”) that is coterminous with the Term, unless earlier terminated. If Tenant wishes to lease storage space, Tenant shall so inform Landlord in writing, and within thirty (30) days thereafter, Landlord shall inform Tenant in writing of the location and configuration of storage space, if any, which is then available for Tenant’s use (the “Storage Space Availability Notice”). Within thirty (30) days after receipt of the Storage Space Availability Notice, Tenant may by notice to Landlord (the “Storage Space Exercise Notice”) exercise its option to lease some or all of the storage space offered in the Storage Space Availability Notice, as specified by Tenant in the Storage Space Exercise Notice, in which case the specified Storage Space shall be leased on the terms of this Section 9(c) for a term commencing on the date specified in the Storage Space Exercise Notice. Tenant shall have the right to terminate its lease of the Storage Space (or discreet portions thereof) upon thirty (30) days’ notice to Landlord. (ii) The Storage Space shall will be delivered in its “as-is” condition and be used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of Tenant’s rights to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to Landlord in the condition in which it was delivered to Tenant, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant. (iii) Tenant shall pay Rent for the Storage Space (“Storage Rent”) at a rental rate, throughout the Storage Term, of [**]* per rentable square foot per annum in equal monthly installments each payable in advance on or before the first day of each month. Any partial month shall be appropriately prorated. All Storage Rent shall be payable in the same manner that Base Rent is payable hereunder. (iv) Except as otherwise provided herein, all terms and provisions of the Lease shall be applicable to the Storage Space, except that Landlord need not supply air-cooling, heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Space and Tenant shall not be entitled to any allowances, rent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to the Storage Space. Landlord shall not be liable for any theft or damage to any items or materials stored in the Storage Space, it being understood that Tenant is using the Storage Space at its own risk, except to the extent any loss or liability results from the negligence or willful misconduct of Landlord or its employees, agents or contractors (and in any event subject to the provisions of Section 22(e) below). The Storage Space shall not be included in the determination of Tenant’s Share nor shall Tenant be required to pay Operating Expenses, Insurance Expenses or Property Taxes in connection with the Storage Space. (v) At any time and from time to time, Landlord shall have the right to relocate the Storage Space to a new location which shall be no smaller than the square footage of the Storage Space and no less accessible or usable than the Storage Space. Landlord shall pay the direct, out-of-pocket, reasonable expenses of such relocation.
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Storage Space. (i) Tenant shall have 37.1. Subject to the Option to lease, on the terms provisions of this Section 9(c)Article 37 and the provisions of Articles 11, storage space on the Basement floor 15, 16, and 25 of the Building which this Lease, Landlord hereby leases to Tenant approximately 400 RSF of storage space (the “Storage Space”) shall be identified in accordance with this Section 9(c), for a term (on the “Storage Term”) that is coterminous with the Term, unless earlier terminated. If Tenant wishes to lease storage space, Tenant shall so inform Landlord in writing, and within thirty (30) days thereafter, Landlord shall inform Tenant in writing Concourse Level of the Building in the approximate location and configuration of storage space, if any, which is then available for as depicted on Exhibit “H”.
37.2. Tenant’s right to use (the “Storage Space Availability Notice”). Within thirty will commence on the Commencement Date and terminate on the earlier of (30i) days after receipt 30 days’ prior written notice terminating Tenant’s lease of the Storage Space Availability Noticefrom either Landlord or Tenant to the other, Tenant may by notice to Landlord or (ii) the expiration or earlier termination of the Term of this Lease.
37.3. During the Term, monthly rent for the Storage Space will be $500.00 ($15.00 per RSF) (“Storage Space Exercise NoticeRent”) exercise its option to lease some or all ), which will be payable in advance, without notice, on the first day of each month during the storage space offered Term, at same place and in the Storage Space Availability Noticesame manner as the payment of Fixed Rent.
37.4. Tenant agrees to pay monthly, as specified Additional Rent, for electricity service usage by Tenant in the Storage Space Exercise NoticeSpace, in the cost of which case is initially estimated to be $1.75 per RSF (per annum).
37.5. Tenant will use the specified Storage Space shall be leased on only for the terms storage and use of this Section 9(cTenant’s compressor unit and vacuum system subject to compliance by Tenant with the following conditions: (i) for a term commencing on the date specified no noise in the Storage Space Exercise Noticewhich, in the reasonable judgment of Landlord, might disturb other tenants or occupants of the Building will be made or permitted by Tenant, (ii) nothing will be done or permitted in the Storage Space by Tenant which would impair or interfere with the use or enjoyment of other portions of the Building by any tenant or occupant thereof, and (iii) the use of Tenant’s compressor in the Storage Space will be permitted by, and will be in compliance with, all applicable Laws. Tenant shall have will use the right Storage Space in a careful, safe and proper manner and install, at its sole cost and expense, any sound attenuation measures required to terminate its lease ensure that no noise will emanate from the Storage Space which might disturb other tenants or occupants of the Building. Tenant will not overload the floor of the Storage Space (and agrees to be fully liable for any damages or discreet portions thereof) upon thirty (30) days’ notice losses sustained by Landlord as a result of any overloading by Tenant. Tenant will pay Landlord on demand for any damage to Landlordthe Storage Space caused by misuse or abuse by Tenant, its agent or employees, or any other person entering the Storage Space under express or implied invitation of Tenant. Tenant will not utilize or permit the Storage Space to be used for any purposes prohibited by any applicable Laws. Tenant will not commit waste nor permit waste to be committed nor permit any nuisance in the Storage Space.
(ii) The 37.6. Landlord will provide a lock and key for the Storage Space; however, Tenant agrees that all property of Tenant kept, stored, or used in the Storage Space shall will be delivered at the sole risk of Tenant and that Landlord will not be liable for any injury or damage to such property. Tenant will carry and maintain, at Tenant’s expense, insurance covering all property and equipment stored, used, or both in the Storage Space. On the Commencement Date Tenant will accept the Storage Space in its then “as-is” condition and be used condition, without any further improvement by Tenant for the storage of equipment, inventory Landlord. Landlord makes no warranty or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. Tenant agrees to keep representation that the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other will be suitable containers. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if anyfor any particular purpose.
37.7. Tenant shall will not store anything in the Storage Space which is unsafe sublease all or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use portion of the Storage Space from time or assign its right to time. Upon expiration or earlier termination of Tenant’s rights to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to Landlord in the condition in which it was delivered to Tenant, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant.
(iii) Tenant shall pay Rent for the Storage Space (“Storage Rent”) at a rental rate, throughout the Storage Term, of [**]* per rentable square foot per annum in equal monthly installments each payable in advance on or before the first day of each month. Any partial month shall be appropriately prorated. All Storage Rent shall be payable in the same manner that Base Rent is payable hereunder.
(iv) Except as otherwise provided herein, all terms and provisions of the Lease shall be applicable to the Storage Space, except that Landlord need not supply air-cooling, heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Space and Tenant shall not be entitled to any allowances, rent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to the Storage Space. Landlord shall not be liable for any theft or damage to any items or materials stored in the Storage Space, it being understood that Tenant is using the Storage Space at its own risk, except to the extent any loss or liability results from the negligence or willful misconduct of Landlord or its employees, agents or contractors (and in any event subject to the provisions of Section 22(e) below). The Storage Space shall not be included in the determination of Tenant’s Share nor shall Tenant be required to pay Operating Expenses, Insurance Expenses or Property Taxes in connection with the Storage Space.
(v) At any time and from time to time, 37.8. Landlord shall have reserves the right to relocate the Storage Space to substantially comparable space in the Building in close proximity to the Premises provided that the ability of the central utility delivery systems can deliver “product”, e.g., nitrogen gas, compressed air, to Tenant’s laboratory is unaffected by any relocation. Landlord will give Tenant a new location which shall be no smaller than the square footage written notice of its intention to relocate the Storage Space and no less accessible or usable than the Storage Spacein such event Tenant will complete a relocation within 30 days after receipt of written notice. Landlord shall pay agrees to reimburse Tenant for its actual reasonable moving costs to such other storage space within the direct, out-of-pocket, reasonable expenses of such relocationBuilding.
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Storage Space. In addition to the Leased Premises, Landlord agrees that Tenant may use from and after the date that the same is delivered to Tenant (i) Tenant shall have the Option to lease, on the terms of this Section 9(c“Storage Delivery Date”), for the sole and express purpose of storage space on of items used in conjunction with Tenant’s business in the Basement floor Leased Premises, approximately six hundred forty-eight (648) square feet of the Building which basement storage space space, commonly known as Space #13200B (the hereinafter “Storage Space”) shall be identified in the approximate location shown on Addendum II, Schedule 1 attached hereto, in accordance with this Section 9(c), for a term (all terms of the “Storage Term”) that is coterminous with the Term, unless earlier terminatedLease except as specifically provided herein. If Tenant wishes to lease storage space, Tenant shall so inform Landlord in writing, and within thirty (30) days thereafter, Landlord shall inform Tenant in writing of the location and configuration of storage space, if any, which is then available for Tenant’s use (the “Storage Space Availability Notice”). Within thirty (30) days after receipt of accept the Storage Space Availability Notice, Tenant may by notice in its “as is” condition. Any alterations or improvements to Landlord (the “Storage Space Exercise Notice”) exercise its option to lease some or all of the storage space offered in the Storage Space Availability Notice, as specified be performed by Tenant in the Storage Space Exercise Notice, in which case the specified Storage Space shall be leased on performed in accordance with plans and specifications approved in advance by Landlord, and in accordance with all applicable provisions of the terms of this Section 9(c) for a term commencing on the date specified in Lease. Tenant may use the Storage Space Exercise Notice. throughout the Term, whereupon Tenant shall have the right to terminate its lease of the Storage Space (or discreet portions thereof) upon thirty (30) days’ notice to Landlord.
(ii) The Storage Space shall will be delivered in its “as-is” condition and be used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of Tenant’s rights to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to Landlord in good and broom clean condition. For all purposes under the condition Lease, the Storage Space shall be deemed to be a part of the Leased Premises, except as otherwise provided in which it was delivered to Tenant, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant.
(iii) this Addendum. Tenant shall pay Landlord the following as Additional Rent for the Storage Space (the “Storage Space Rent”) at a rental rate, throughout the ): Rent Period Annually Monthly Storage Term, of [**]* per rentable square foot per annum in equal Delivery Date to 12/31/2014 $ 15,552.00 $ 1,296.00 1/01/2015 to 12/31/2015 $ 16,018.56 $ 1,334.88 1/01/2016 to 12/31/2016 $ 16,499.12 $ 1,374.93 The Storage Space Rent shall be due and payable by Tenant monthly installments each payable in advance on or before the first day of each monthevery calendar month during the Term, unless terminated earlier as provided above. Any partial month shall be appropriately prorated. All Storage Rent shall be payable in the same manner that Base Rent is payable hereunder.
(iv) Except as otherwise provided herein, all terms and provisions The Floor Area of the Lease shall be applicable to the Storage Space, except that Landlord need not supply air-cooling, heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Space and shall not, however, be included in Tenant’s Proportionate share for purposes of calculating Tax Rent or Tenant’s Share of Operating Costs, nor shall Tenant shall not be entitled to any allowances, rent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to pay Minimum Rent on the Storage Space. Landlord shall not be liable for any theft or damage to any items or materials stored in the Storage Space▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ THIS LEASE EXTENSION AND MODIFICATION AGREEMENT (“Agreement”) made this 27 day of February, it being understood that Tenant is using the Storage Space at 2014, by and between FRIT SAN ▇▇▇▇ TOWN AND COUNTRY VILLAGE, LLC, a California limited liability company, by its own riskmanaging member, except to the extent any loss or liability results from the negligence or willful misconduct of Landlord or its employeesSTREET RETAIL, agents or contractors INC., a Maryland corporation (“Landlord”), and in any event subject to the provisions of Section 22(e) belowSI-BONE, INC., a Delaware corporation, (“Tenant”). The Storage Space shall not be included in the determination of Tenant’s Share nor shall Tenant be required to pay Operating Expenses, Insurance Expenses or Property Taxes in connection with the Storage Space.
(v) At any time and from time to time, Landlord shall have the right to relocate the Storage Space to a new location which shall be no smaller than the square footage of the Storage Space and no less accessible or usable than the Storage Space. Landlord shall pay the direct, out-of-pocket, reasonable expenses of such relocation.
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Storage Space. (i) Tenant shall have Landlord shall, commencing on March 1, 2006, and continuing for the Option to lease, on the terms of this Section 9(c), storage space on the Basement floor balance of the Building which Term, make available for Tenant’s use and for lease by Tenant up to approximately 3,000 rentable square feet of storage space (the “Storage Space”) shall be identified in accordance with this Section 9(c), for a term (at the “Storage Term”) that is coterminous with lower level of the Term, unless earlier terminatedBuilding as determined by Landlord and approved by Tenant. If Tenant wishes to lease storage space, Tenant shall so inform Landlord in writinghave the right, and within upon at least thirty (30) days thereafteradvance notice to Landlord delivered to Landlord no later than November 1, Landlord shall inform Tenant in writing of the location and configuration of storage space, if any, which is then available for 2005 (“Tenant’s use (the “Storage Space Availability Election Notice”), and thereafter subject to availability, to lease such storage space (or any portion thereof). Within thirty Such storage space shall be in one contiguous block (30) days after receipt if available, or otherwise configured in a manner reasonably acceptable to Tenant), secure (i.e., having a lockable entrance), sprinkled and lighted in accordance with all Laws and located in a portion of the Storage Space Availability Notice, Tenant may by notice to Landlord (the “Storage Space Exercise Notice”) exercise its option to lease some or all lower level of the storage Building designated by Landlord with reasonable access to and from the Building freight elevators and loading docks. Tenant acknowledges that any such space offered shall be created in the Storage Space Availability Noticeparking garage of the Building, as specified by and Tenant in the Storage Space Exercise Notice, in which case the specified Storage Space agrees that it shall be leased on the terms responsible for payment of this Section 9(c) for a term commencing on the date specified all costs incurred by Landlord in the Storage Space Exercise Noticecreating such storage space. Tenant shall have the right to terminate its lease use such storage space for purposes of storing files, records, furniture, equipment, supplies, attic stock and materials of the Storage Space (or discreet portions thereof) upon thirty (30) days’ notice to Landlord.
(ii) The Storage Space shall will be delivered in its “as-is” condition and be type customarily used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant’s businessoffice building tenants, and for no other purpose whatsoeverpurposes. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of Tenant’s rights to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to Landlord in the condition in which it was delivered to Tenant, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant.
(iii) Tenant shall pay Rent for such storage space at the Storage Space gross rental rate (“Storage Rent”i.e., there shall be no Operating Cost Share Rent or Tax Share Rent separately payable for any such storage space) at a rental rate, throughout of $12.00 per square foot of rentable area thereof if leased during the Storage first Lease Year of the Term, of [**]* subject to $0.40 per rentable square foot per annum in equal monthly installments each payable in advance on or before annual increases during the first day Term. Tenant’s use of each month. Any partial month such storage space shall be appropriately prorated. All Storage Rent shall be payable in the same manner that Base Rent is payable hereunder.
(iv) Except as otherwise provided herein, all terms and provisions of the Lease shall be applicable to the Storage Space, except that Landlord need not supply air-cooling, heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Space and Tenant shall not be entitled to any allowances, rent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to the Storage Space. Landlord shall not be liable for any theft or damage to any items or materials stored in the Storage Space, it being understood that Tenant is using the Storage Space at its own risk, except to the extent any loss or liability results from the negligence or willful misconduct of Landlord or its employees, agents or contractors (and in any event subject to the provisions of Section 22(e) below). The Storage Space shall not be included in the determination of Tenant’s Share nor shall Tenant be required to pay Operating Expenses, Insurance Expenses or Property Taxes in connection with the Storage Space.
(v) At any time such reasonable rules and regulations as Landlord from time to time, Landlord shall have the right to relocate the Storage Space to time may promulgate on a new location which shall be no smaller than the square footage of the Storage Space and no less accessible or usable than the Storage Space. Landlord shall pay the direct, outnon-of-pocket, reasonable expenses of such relocationdiscriminatory basis.
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Storage Space. (i) Tenant shall have the Option right to lease, on the terms lease up to approximately 500 square feet of this Section 9(c), storage space on the Basement floor of the Building which storage space (the “Storage Space”) in the Project parking facility; provided, however, if, after the first twelve (12) months of the Lease Term, Tenant has not commenced leasing or ceases to lease the Storage Space, as applicable, any subsequent leasing of the Storage Space by Tenant shall be identified subject to availability. The exact size of the Storage Space and the location thereof shall be reasonably determined by Landlord. Tenant shall not be required to pay rent with respect to the Storage Space; provided, however, Tenant shall pay for, or reimburse Landlord for any Landlord provided utilities used in connection with the Storage Space. Tenant shall comply with such rules and regulations as promulgated by Landlord from time to time pertaining to the use of such Storage Space and, in connection therewith, Tenant agrees that Tenant’s obligations under this Lease, including, but without limitation thereof, Article 10 will specifically apply to the Storage Space as if the Storage Space were a part of the Premises. Tenant agrees not to store any flammable, combustible or other materials in the Storage Space that would increase the cost of Landlord’s insurance, and not to store any toxic, hazardous or odorous materials or waste in the Storage Space. Tenant also agrees not to store excess or highly concentrated weight in the Storage Space. Tenant agrees to use the Storage Space solely for storage purposes of dry goods and not as office or other space. Tenant agrees that Landlord and its agents may enter and inspect the Storage Space and any goods stored therein during normal business hours, on not less than one (1) business day’s prior notice (except in an emergency in which case no prior notice shall be required). Tenant shall deliver to Landlord a key for any locks installed by Tenant for Landlord’s emergency entry purposes. Notwithstanding anything to the contrary contained in this Lease, Tenant accepts the Storage Space in its presently existing “as is”, “with all faults”, “without any warranties or representations” condition and Landlord shall not be obligated perform any improvement or other work in connection with the Premises. No obligations of Landlord under this Lease with respect to the Premises or Base Building shall apply to the Storage Space. Tenant may make interior, non-structural modifications to the Storage Space only in accordance with this Section 9(c), for a term (the “Storage Term”) that is coterminous with terms of Article 8 of the Term, unless earlier terminatedLease. If Tenant wishes to lease storage spaceLandlord so elects, Tenant shall so inform Landlord in writingexecute and deliver to Landlord, and Landlord’s standard form Storage Space Lease within thirty (30) days thereafter, after Tenant’s receipt thereof. Landlord shall inform Tenant have the right, upon not less than sixty (60) days prior written notice to Tenant, to substitute for the Storage Space comparable storage area within the Project having reasonably comparable access to and reasonably equivalent usable area as the Storage Space, provided that Landlord shall pay all expenses reasonably incurred in writing of the location and configuration of storage space, if any, which is then available for moving Tenant’s use (property to such new location; and upon the “expiration of such 60-day written notice, the new storage space shall be deemed to be the Storage Space Availability Notice”)covered by this terms of this Article 22. Within Tenant agrees to, at all times, maintain the Storage Space in neat and orderly condition and repair. Tenant acknowledges that Landlord shall have no obligation to provide any security, services, maintenance, work or improvements whatsoever for the Storage Space. Subject to the terms and conditions hereof, Tenant may terminate any such lease of Storage Space upon thirty (30) days after receipt of the Storage Space Availability Notice, Tenant may by notice to Landlord (the “Storage Space Exercise Notice”) exercise its option to lease some or all of the storage space offered in the Storage Space Availability Notice, as specified by Tenant in the Storage Space Exercise Notice, in which case the specified Storage Space shall be leased on the terms of this Section 9(c) for a term commencing on the date specified in the Storage Space Exercise Notice. Tenant shall have the right to terminate its lease of the Storage Space (or discreet portions thereof) upon thirty (30) days’ written notice to Landlord.
(ii) The Storage Space shall will be delivered in its “as-is” condition and be used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of Tenant’s rights to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to Landlord in the condition in which it was delivered to Tenant, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant.
(iii) Tenant shall pay Rent for the Storage Space (“Storage Rent”) at a rental rate, throughout the Storage Term, of [**]* per rentable square foot per annum in equal monthly installments each payable in advance on or before the first day of each month. Any partial month shall be appropriately prorated. All Storage Rent shall be payable in the same manner that Base Rent is payable hereunder.
(iv) Except as otherwise provided herein, all terms and provisions of the Lease shall be applicable to the Storage Space, except that Landlord need not supply air-cooling, heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Space and Tenant shall not be entitled to any allowances, rent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to the Storage Space. Landlord shall not be liable for any theft or damage to any items or materials stored in the Storage Space, it being understood that Tenant is using the Storage Space at its own risk, except to the extent any loss or liability results from the negligence or willful misconduct of Landlord or its employees, agents or contractors (and in any event subject to the provisions of Section 22(e) below). The Storage Space shall not be included in the determination of Tenant’s Share nor shall Tenant be required to pay Operating Expenses, Insurance Expenses or Property Taxes in connection with the Storage Space.
(v) At any time and from time to time, Landlord shall have the right to relocate the Storage Space to a new location which shall be no smaller than the square footage of the Storage Space and no less accessible or usable than the Storage Space. Landlord shall pay the direct, out-of-pocket, reasonable expenses of such relocation.
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Sources: Office Lease (Internet Brands, Inc.)
Storage Space. (ia) During the term of this lease, Tenant shall have be entitled to use the Option space (hereinafter referred to lease, on as the terms of this Section 9(c), storage space on "STORAGE SPACE") located in the Basement floor basement of the Building which storage space (the “Storage Space”) shall be identified in accordance with this Section 9(c), for as set forth on Exhibit I annexed hereto and made a term (the “Storage Term”) that is coterminous with the Term, unless earlier terminatedpart hereof. If Tenant wishes to lease storage space, Tenant shall so inform Landlord in writing, and within thirty (30) days thereafter, Landlord shall inform Tenant in writing of the location and configuration of storage space, if any, which is then available for Tenant’s use (the “Storage Space Availability Notice”). Within thirty (30) days after receipt The agreed rentable square foot area of the Storage Space Availability Notice, Tenant may by notice shall be deemed to Landlord be 2,400 rentable square feet.
(the “Storage Space Exercise Notice”b) exercise its option to lease some or all Tenant's use of the storage space offered in the Storage Space Availability Notice, as specified by Tenant in the Storage Space Exercise Notice, in which case the specified Storage Space shall be leased on upon, and subject to, all of the terms of terms, covenants and conditions contained in this lease, except that:
(i) Section 9(c) for a term commencing on the date specified in 2.01 shall be deemed amended with respect to the Storage Space Exercise Notice. Tenant shall have to allow Tenant's use thereof solely as storage space to be used in conjunction with the right to terminate its lease business conducted in the Demised Premises and for the storage of the Storage Space (or discreet portions thereof) upon thirty (30) days’ notice to Landlordbicycles, on a daily basis.
(ii) The Storage Space shall will be delivered in its “as-is” condition and be used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. Tenant agrees to keep take possession of the Storage Space in a neat its "as is" condition, the parties hereto agreeing that Landlord shall not be obligated to perform, or to pay the cost and orderly fashion and to keep all stored items in cartonsexpense of performing, file cabinets or other suitable containers. All items stored any work in the Storage Space shall be elevated at least 6 inches above to prepare the floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of same for Tenant’s rights to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to Landlord in the condition in which it was delivered to Tenant, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant's occupancy.
(iii) Tenant shall pay Rent for Subject to the Storage Space (“Storage Rent”) at a rental rate, throughout the Storage Term, of [**]* per rentable square foot per annum in equal monthly installments each payable in advance on or before the first day of each month. Any partial month shall be appropriately prorated. All Storage Rent shall be payable in the same manner that Base Rent is payable hereunder.
(iv) Except as otherwise provided herein, all terms and provisions of the Lease Section 16.04, Landlord, at its expense, shall be applicable provide electricity to the Storage Spacelight fixtures, except that Landlord need not supply air-coolingif any, heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to presently existing in the Storage Space and Tenant shall not utilize any equipment which consumes electricity in the Storage Space.
(iv) The following provisions of this lease shall be entitled inapplicable to the Storage Space and shall be deemed deleted from the lease with respect to the Storage Space:
(A) Articles 4, 5, 9 (except as set forth in Subsection (vi) below), and 17;
(B) Sections 1.04, 16.01-16.03 and 16.07-16.08 and 18.02-18.05.
(v) For purposes of this Article 43 and with respect to the Storage Space, all references in Section 18.01 of this lease to elevator service shall be deemed to refer to freight elevator service, it being acknowledged by Tenant that only freight elevator service is available to the floor on which the Storage Space is situated and only such freight elevator(s) may be used, in accordance with the applicable provisions of this lease, to bring the bicycles set forth above to and from the Storage Space.
(vi) Notwithstanding anything in this lease to the contrary, the Storage Space may not be sublet, either in whole or in part, except in connection with a valid subletting of all or a portion of the Demised Premises in accordance with the terms of this lease, and shall not be assigned except in connection with a valid assignment of this lease in accordance with the terms of this lease, provided, however, that in either such case and notwithstanding anything to the contrary, the provisions of Article 9 of this lease shall be applicable to such assignment or subletting.
(c) In the event that, at any allowancestime during the term of this lease, Landlord shall, in its sole discretion, desire to relocate the Storage Space or any portion thereof, Landlord shall send written notice thereof (hereinafter referred to as the "RELOCATION NOTICE") to Tenant by certified mail, return receipt requested, which Relocation Notice shall be sent to Tenant together with a floor plan of the space in the Building to which the Storage Space (or any portion thereof) is to be relocated (hereinafter referred to as the "NEW STORAGE SPACE") and which New Storage Space shall have a rentable area equal to the rentable area of Storage Space (or any portion thereof) being relocated. Promptly after Tenant's receipt of the Relocation Notice, Tenant shall quit and surrender the Storage Space (or such portion being relocated) to Landlord and move all of the contents of the Storage Space (or such portion being relocated) into the New Storage Space at Landlord's sole and reasonable cost and expense.
43.02 Tenant shall pay to Landlord, on account of the Storage Space, as additional rent, on the first day of each month during the term of this lease the amount of $38,400.00 per annum ($3,200.00 per month) commencing on the 17th Floor Commencement Date (as defined in Section 1.03) through the day next preceding the fifth (5th) anniversary of the 17th Floor Rent Commencement Date, both dates inclusive, and the amount of $43,200.00 per annum ($3,600.00 per month) from the fifth (5th) anniversary of the 17th Floor Rent Commencement Date and continuing thereafter throughout the remainder of the initial term of this lease. In the event Tenant exercises the Renewal Option, the amount of such additional rent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to shall be determined in the Storage Space. Landlord same manner as the Renewal Rent but shall not be liable for any theft or damage to any items or materials stored in the Storage Space, it being understood that Tenant is using the Storage Space at its own risk, except to the extent any loss or liability results from the negligence or willful misconduct of Landlord or its employees, agents or contractors (and in any event subject to the provisions of Section 22(e) below). The Storage Space shall not be included in the determination of Tenant’s Share nor shall Tenant be required to pay Operating Expenses, Insurance Expenses or Property Taxes in connection with the Storage Spaceless than $43,200.00 per annum.
(v) At any time and from time to time, Landlord shall have the right to relocate the Storage Space to a new location which shall be no smaller than the square footage of the Storage Space and no less accessible or usable than the Storage Space. Landlord shall pay the direct, out-of-pocket, reasonable expenses of such relocation.
Appears in 1 contract
Sources: Lease Agreement (Bolt Inc)
Storage Space. (i) Effective as of the Fifth Expansion Space Effective Date, Landlord leases to Tenant shall have the Option to lease, and Tenant leases from Landlord approximately 491 square feet on the terms of this Section 9(c), storage space on the Basement first floor of the Building which storage space Garage and known Storage Room No. 1 (the “Storage Space”) shall be identified in accordance with this Section 9(c), for a term (on the “Storage Term”) that is coterminous with the Term, unless earlier terminated. If Tenant wishes to lease storage space, Tenant shall so inform Landlord in writing, following terms and within thirty (30) days thereafter, Landlord shall inform Tenant in writing of the location and configuration of storage space, if any, which is then available for Tenant’s use conditions (the “Storage Space Availability NoticeLease”). Within thirty ):
(30i) days after receipt the term of the Storage Space Availability Notice, Tenant may by notice to Landlord (the “Storage Space Exercise Notice”) exercise its option to lease some or all of the storage space offered in the Storage Space Availability Notice, as specified by Tenant in the Storage Space Exercise Notice, in which case the specified Storage Space Lease shall be leased on the terms of this Section 9(c) for a term one year commencing on the date specified Fifth Expansion Space Effective Date and thereafter on a month-to-month basis, provided that in no event shall such term extend beyond the Storage Space Exercise Notice. Tenant shall have the right to terminate its lease of the Storage Space (or discreet portions thereof) upon thirty (30) days’ notice to Landlord.
(ii) The Storage Space shall will be delivered in its “as-is” condition and be used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of Tenant’s rights to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to Landlord in the condition in which it was delivered to Tenant, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein Lease (as amended by or on behalf of Tenant.this Fifth Amendment);
(iiiii) Tenant shall pay Rent to Landlord as additional rent under the Lease for the Storage Space Lease the sum of $491.00 per month subject to increase by six percent (“Storage Rent”6%) at a rental rate, throughout effective each January 1 during the term of the Storage Term, of [**]* per rentable square foot per annum in equal monthly installments each Space Lease. Such sum shall be due and payable in advance on or before the first day of each month. Any partial calendar month during the term of the Storage Space Lease, concurrently with the payment of monthly installments of Annual Base Rent, provided that such Storage Space rent shall be appropriately prorated. All prorated for any partial calendar month at the beginning or end of the term of the Storage Rent Space Lease;
(iii) The Storage Space shall be payable used only for the storage of non-perishable personal property normally used in Tenant’s office operations and for no other purpose whatsoever. In no event shall Tenant store any toxic or hazardous materials in the same manner that Base Rent is payable hereunder.Storage Space;
(iv) Except as otherwise provided herein, all terms and provisions of the Lease Landlord shall not be applicable obligated to the Storage Space, except that Landlord need not supply air-cooling, any heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ventilation, air conditioning, water, janitorial service, cleaning, passenger cleaning or freight elevator service, window washing any other utility or electricity to the Storage Space and Tenant shall not be entitled to any allowances, rent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect service to the Storage Space. Landlord Tenant shall not be liable responsible at its expense for any theft or damage to any items or materials stored in of the Storage Space, foregoing which it being understood that Tenant is using the Storage Space at its own risk, except to the extent any loss or liability results from the negligence or willful misconduct of Landlord or its employees, agents or contractors (and in any event subject to the provisions of Section 22(e) below). The Storage Space shall not be included in the determination of Tenant’s Share nor shall Tenant be required to pay Operating Expenses, Insurance Expenses or Property Taxes in connection with the Storage Space.desires;
(v) At any time The provisions of the Lease applicable to Tenant’s maintenance, indemnification, hold harmless, insurance, holdover and from time surrender obligations, and waiver of claims provisions, shall apply as well to time, Landlord shall have the right to relocate the Storage Space to a new location which shall be no smaller than (for the square footage duration EAST\73391178.1 4 of the Storage Space Lease), and no less accessible or usable than for such purposes the Storage Space. Space shall be considered part of the Premises;
(vi) As of the Fifth Expansion Effective Date, Tenant accepts the Storage Space in its “AS IS” “WHERE IS” condition without any agreements, representations, understandings or obligations on the part of Landlord shall pay the directto perform any alterations, out-of-pocket, reasonable expenses of such relocationrepairs or improvements thereto.
Appears in 1 contract
Sources: Office Lease Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Storage Space. (iA. Landlord leases to Tenant and Tenant accepts the space containing approximately 41 square feet described as Suite No. D-4(C) Tenant shall have the Option to lease, on the terms of this Section 9(c), storage space on the Basement floor D level of the Building which storage space garage, as shown on Exhibit D attached hereto (the “Storage Space”) shall be identified in accordance with this Section 9(c), for a the term (the “Storage Term”) that is coterminous with the Termcommencing March 1, unless earlier terminated. If Tenant wishes to lease storage space, Tenant shall so inform Landlord in writing, and within thirty 2007 (30) days thereafter, Landlord shall inform Tenant in writing of the location and configuration of storage space, if any, which is then available for Tenant’s use (the “Storage Space Availability NoticeCommencement Date”) and ending 1 month thereafter on March 31, 2007 (“Storage Expiration Date”). Within thirty The Storage Term shall automatically renew for consecutive periods of one (301) days after receipt month each until terminated by either party with at least 30 days’ advance written notice of termination delivered to the other party. Any such termination shall be effective as of the Storage Space Availability Notice, Tenant may by notice to Landlord (the “Storage Space Exercise Notice”) exercise its option to lease some or all of the storage space offered in the Storage Space Availability Notice, as specified by Tenant in the Storage Space Exercise Notice, in which case the specified Storage Space shall be leased on the terms of this Section 9(c) for a term commencing on the termination date specified in such notice. Notwithstanding anything to the contrary contained herein, if the Lease or Tenant’s right to possession of the Premises thereunder terminates prior to the Storage Space Exercise Notice. Tenant shall have the right to terminate its lease of Expiration Date, as same may be extended herein, then the Storage Space (or discreet portions thereof) upon thirty (30) days’ notice to LandlordExpiration Date shall be such earlier termination date.
(ii) B. The Storage Space shall will be delivered in its “as-is” condition and be used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. Landlord shall have the right to designate the location within the Storage Space of any items to be placed therein. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of Tenant’s rights to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to Landlord in the condition in which it was delivered to Tenant, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant.
(iii) C. Tenant shall pay Rent rent for the Storage Space (“Storage Base Rent”) at a rental rate, throughout the as follows: Storage Term, of [**]* per rentable square foot per annum in equal monthly installments each payable in advance on or before the first day of each month. Any partial month shall be appropriately prorated. Term (including any automatic renewal period(s)) $ 17.00 $ 58.08 All such Storage Base Rent shall be payable in the same manner that Base Rent is payable hereunderunder the Lease.
(iv) Except as otherwise provided herein, all D. All terms and provisions of the Lease shall be applicable to the Storage Space, including, without limitation, Section 13 (Indemnity and Waiver of Claims) and Section 14 (Tenant’s Insurance), except that Landlord need not supply air-cooling, heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Space and Tenant shall not be entitled to any work allowances, rent credits, expansion rights or expansion renewal rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to the Storage Space. Landlord shall not be liable for any theft or damage to any items or materials stored in the Storage Space, it being understood that Tenant is using the Storage Space at its own risk, except to the extent any loss or liability results from the negligence or willful misconduct of Landlord or its employees, agents or contractors (and in any event subject to the provisions of Section 22(e) below). The Storage Space shall not be included in the determination of Tenant’s Pro Rata Share under the Lease nor shall Tenant be required to pay Operating Expenses, Insurance Expenses or Property Taxes in connection with the Storage Space.
(v) E. Tenant agrees to accept the Storage Space in its condition and “as-built” configuration existing on the earlier of the date Tenant takes possession of the Storage Space or the Storage Commencement Date.
F. At any time and from time to time, Landlord shall have the right to relocate the Storage Space to a new location which shall be no smaller than the square footage of the Storage Space and no less accessible or usable than the Storage Space. Landlord shall pay the direct, out-of-pocket, reasonable expenses of such relocation.
G. Storage Base Rent is deemed Rent under the Lease.
H. If Tenant assigns the Lease or sublets all or any part of the Premises, Landlord, at its option, may terminate Tenant’s rights to the Storage Space effective as of 30 days after notice to Tenant. Additionally, notwithstanding anything set forth in Section 11 of the Lease to the contrary, Tenant shall not, without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion, assign, sublease, transfer or encumber the Storage Space or grant any license, concession or other right of occupancy or permit the use of the Storage Space by any party other than Tenant.
Appears in 1 contract
Storage Space. (i) Landlord hereby grants to Tenant shall have the Option a license to lease, on the terms of this Section 9(c), use that certain storage space on in the Basement floor basement of the Building which storage space more precisely shown on Exhibit A-3 attached hereto and made a part hereof (the “"Storage Space”") consisting of approximately 3,050 rentable square feet. The term of such license shall be identified commence on the Commencement Date or any earlier date specified in accordance with a notice from Tenant to Landlord and shall continue for ten (10) years after the Commencement Date or until such earlier time as this Section 9(c), for a Lease shall terminate or Tenant shall vacate the Premises or the Storage Space. During the term (the “Storage Term”) that is coterminous with the Term, unless earlier terminated. If Tenant wishes to lease storage spaceof this license, Tenant shall so inform pay Landlord in writinga monthly fee of $1.25 per rentable square foot ($3,812.50 per month), and within thirty (30) days thereafter, Landlord on or before the first day of each calendar month during such term. Any initial or final partial month shall inform be prorated. Tenant in writing of may reduce the location and configuration of storage space, if any, which is then available for Tenant’s use (the “Storage Space Availability Notice”). Within thirty (30) days after receipt amount of the Storage Space Availability Noticeby at least 30 days prior written notice to Landlord, which reduction shall be effective as of the last day of a calendar month, as designated in the notice. Any additional storage space which Tenant desires to occupy (including but not limited to storage space originally subject to the license but then eliminated therefrom pursuant to a reduction notice, as set forth in the immediately preceding sentence), shall be subject to availability, as reasonably determined by Landlord, and if the space requested by Tenant is not configured as required by Tenant, Tenant may by notice to Landlord (the “Storage Space Exercise Notice”) exercise its option to lease some or shall pay all reasonable costs of the storage space offered in reconfiguring 1888 Century Park East [SCPIE Holdings Lease] 45 such space. Tenant shall use the Storage Space Availability Notice, as specified by Tenant in the Storage Space Exercise Notice, in which case the specified Storage Space shall be leased on the terms for purposes of this Section 9(c) for a term commencing on the date specified in the Storage Space Exercise Notice. Tenant shall have the right to terminate its lease of the Storage Space (or discreet portions thereof) upon thirty (30) days’ notice to Landlord.
(ii) The Storage Space shall will be delivered in its “as-is” condition and be used by Tenant for the storage of storing equipment, inventory or other non-perishable items normally used in Tenant’s 's business, and for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored in the Storage Space shall be elevated at least 6 six inches (6") above the floor on wooden pallets, and shall be at least 18 eighteen inches (18") below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Any boxes shall not be stacked more than 7 feet high. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s 's insurance rates, or cause a cancellation or modification of Landlord’s 's insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s 's prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration Tenant shall properly and at all times comply with all applicable ordinances, rules, regulations, codes, laws, statutes and requirements of all federal, state, county and municipal governmental bodies or earlier termination their subdivisions respecting the use of the Storage Space. Tenant shall not, without the prior written consent of Landlord, assign, mortgage, pledge, hypothecate, encumber or permit any liens to attach to, or otherwise transfer, the Storage Space or any interest therein, by operation of law or otherwise, nor sublet the Storage Space, nor permit the use thereof by any parties other than Tenant and its employees. Any such transfer without Landlord's prior written consent shall, at Landlord's option, be null, void and of no effect. Landlord agrees not to unreasonably withhold consent to any such transfer if it is made in connection with a Transfer pursuant to Article 21 of this Lease, and the Storage Space shall be deemed assigned to any assignee of Tenant’s rights 's entire interest in this Lease pursuant to such Article 21, and such assignee shall be deemed to have assumed all obligations with respect thereto, but Tenant shall not be released from any such obligations. Landlord may, at its option, upon at least 30 days' advance written notice to Tenant, change the Storage Space hereunder to other storage space at the Property comparable to the Storage Space herein. Tenant agrees to accept the Storage Space "as is", and Landlord shall have no obligation to maintain or repair the same. Tenant shall extend all of its insurance policies required under this Lease to include the Storage Space, and the property to be located therein. Upon request, Tenant shall provide Landlord with certificates or other satisfactory evidence of such insurance. Landlord shall have no liability whatsoever for any damage to property or any other items located in the Storage Space, nor for any personal injuries or death arising out of any matter relating to the Storage Space, and in all events, Tenant shall completely vacate and surrender the Storage Space agrees to Landlord look first to its insurance carrier for payment of any losses sustained in the condition in which it was delivered to connection with Tenant, ordinary wear and tear excepted, broom-clean and empty 's use of all personalty and other items placed therein by or on behalf of Tenant.
(iii) Tenant shall pay Rent for the Storage Space (“Storage Rent”) at a rental rate, throughout the Storage Term, of [**]* per rentable square foot per annum in equal monthly installments each payable in advance on or before the first day of each month. Any partial month shall be appropriately prorated. All Storage Rent shall be payable in the same manner that Base Rent is payable hereunder.
(iv) Except as otherwise provided herein, all terms and provisions of the Lease shall be applicable to the Storage Space, except that Landlord need not supply air-cooling, heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Space and Tenant shall not be entitled to any allowances, rent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to the Storage Space. More particularly, but without limitation, Landlord shall not be liable have no liability for any theft loss of or damage to any items property by theft, vandalism, fire, explosion, falling plaster, steam, gas, electricity, water, rain, bursting of pipes, seepage, dampness, or materials stored in the Storage Spaceany other cause. Tenant hereby waives on behalf of its insurance carriers all rights of subrogation against Landlord and its agents. If Tenant shall default under this Article 32, it being understood that Tenant is using the Storage Space at its own risk, except to the extent any loss or liability results from the negligence or willful misconduct of Landlord or its employees, agents or contractors (and in any event subject to the provisions of Section 22(e) below). The Storage Space shall not be included in the determination of Tenant’s Share nor shall Tenant be required to pay Operating Expenses, Insurance Expenses or Property Taxes in connection with the Storage Space.
(v) At any time and from time to time, 1888 ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ [SCPIE Holdings Lease] 46 Landlord shall have the right to relocate the cancel this Storage Space to a new location which license on ten (10) days' written notice, unless within such ten (10) day period, Tenant cures such default. Such cancellation right shall be no smaller than the square footage of the Storage Space cumulative and no less accessible in addition to any other rights or usable than the Storage Space. remedies available to Landlord shall pay the directat law or equity, out-of-pocket, reasonable expenses of such relocationor provided under this Lease.
Appears in 1 contract
Sources: Office Lease (Scpie Holdings Inc)
Storage Space. (i) Tenant shall have the Option Subject to lease, on the terms of this Section 9(c)19, commencing on February 1, 2024, and continuing throughout the remainder of the Lease Term, Tenant shall continue to lease from Landlord certain storage space located on the Basement floor Ground Floor of the Building which storage space B, as delineated on Exhibit E attached hereto (the “Storage Space”) shall be identified in accordance with this Section 9(c), for a term (the “Storage Term”) that is coterminous with the Term, unless earlier terminated. If Tenant wishes to lease storage space, Tenant shall so inform Landlord in writing, and within thirty (30) days thereafter, Landlord shall inform Tenant in writing of the location and configuration of storage space, if any, which is then available for Tenant’s use (the “Storage Space Availability Notice”). Within thirty (30) days after receipt of the Storage Space Availability Notice, Tenant may by notice to Landlord (the “Storage Space Exercise Notice”) exercise its option to lease some or all of the storage space offered in the Storage Space Availability Notice, as specified by Tenant in the Storage Space Exercise Notice, in which case the specified Storage Space shall be leased on the terms of this Section 9(c) for a term commencing on the date specified in the Storage Space Exercise Notice. Tenant shall have the right no obligation to terminate its lease of the Storage Space (or discreet portions thereof) upon thirty (30) days’ notice to Landlord.
(ii) The Storage Space shall will be delivered in its “as-is” condition and be used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of Tenant’s rights to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to Landlord in the condition in which it was delivered to Tenant, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant.
(iii) Tenant shall pay Rent for the Storage Space (“Storage Rent”) at a rental rate, throughout the Storage Term, of [**]* per rentable square foot per annum in equal monthly installments each payable in advance on or before the first day of each month. Any partial month shall be appropriately prorated. All Storage Rent shall be payable in the same manner that Base Rent is payable hereunder.
(iv) Except as otherwise provided herein, all terms and provisions or Tenant's Share of the Lease shall be applicable to the Storage Space, except that Landlord need not supply air-cooling, heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Space and Tenant shall not be entitled to any allowances, rent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein Direct Expenses with respect to the Storage Space. Tenant acknowledges and agrees that Tenant shall continue to accept the Storage Space in its presently existing "as-is" condition and that Landlord shall not be liable have no obligation to provide or pay for any theft improvement work or damage services related to any items or materials stored in the improvement of the Storage Space, it being understood . ▇▇▇▇▇▇ also acknowledges that Tenant is using neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Storage Space at its own risk, except or with respect to the extent any loss or liability results from suitability of the negligence or willful misconduct same for the conduct of Landlord or its employees, agents or contractors (and in any event subject to the provisions of Section 22(e) below)▇▇▇▇▇▇'s business. The Storage Space shall be used only for storage of shipment pallets, boxes, files, furniture, office equipment and other similar items associated with commercial office space and for shipping and receiving and for no other purpose whatsoever without the prior written consent of Landlord, which consent may be withheld in Landlord's sole discretion. Tenant shall not be included in the determination of Tenant’s Share nor shall Tenant be required make any Alterations to pay Operating Expenses, Insurance Expenses or Property Taxes in connection with the Storage Space.
(v) At Space and shall be fully responsible for repairing any time damage to the Storage Space resulting from or relating to Tenant's use thereof. Tenant shall comply with such rules and regulations as may be promulgated by Landlord from time to time, Landlord shall have time pertaining to the right to relocate the Storage Space to a new location which shall be no smaller than the square footage use of the Storage Space and shall allow Landlord access to the Storage Space in accordance with the terms of Article 27 of the Office Lease. Tenant acknowledges that Landlord shall have no less accessible obligation to provide any security or usable any services with respect to the Storage Space described in the Lease, including, without limitation, those described in Section 6.1 of the Original Lease, other than Building standard lighting during Building Hours.Tenant shall indemnify, defend and hold harmless the Landlord Parties from and against any and all loss, liability, claims, expenses, damages or costs (including, without limitation, court costs and reasonable 4863-1545-4581.10373382.00003/11-17-23/spm -10- CROSSING/900Sixth Amendment to Office Lease[Box, Inc.] attorneys' fees) arising out of or in connection with ▇▇▇▇▇▇'s use of the Storage Space, except for property damage and personal injury claims to the extent caused by ▇▇▇▇▇▇▇▇'s gross negligence or willful misconduct. Landlord Tenant's insurance obligations under the Lease shall pay also pertain to Tenant's use of the direct, out-of-pocket, reasonable expenses of such relocationStorage Space and Tenant's property located therein.
Appears in 1 contract
Sources: Office Lease (Box Inc)
Storage Space. (i) Provided that Tenant shall have the Option provides written notice to lease, on the terms Landlord of this Section 9(c), storage space on the Basement floor of the Building which storage space (the “Storage Space”) shall be identified in accordance with this Section 9(c), for a term (the “Storage Term”) that is coterminous with the Term, unless earlier terminated. If Tenant wishes Tenant’s desire to lease storage space, Tenant shall so inform Landlord in writing, and within space no later than thirty (30) days thereafterprior to the Commencement Date, Landlord shall inform Tenant in writing of the location and configuration of storage spacethen, if any, which is then available for Tenant’s use (the “Storage Space Availability Notice”). Within thirty (30) days after receipt of the Storage Space Availability Notice, Tenant may by notice to Landlord (the “Storage Space Exercise Notice”) exercise its option to lease some or all of the storage space offered in the Storage Space Availability Notice, as specified by Tenant in the Storage Space Exercise Notice, in which case the specified Storage Space shall be leased on the terms of this Section 9(c) for a term commencing on the date specified Commencement Date, and continuing for the balance of the Term (except as provided below in the Storage Space Exercise Notice. this Paragraph 6(M)), Tenant shall have the right to terminate its lease and utilize an amount of the Storage Space (or discreet portions thereof) upon thirty (30) days’ notice to Landlord.
(ii) The Storage Space shall will be delivered storage space not less than 10,000 square feet of Rentable Area and not in its “as-is” condition and be used by Tenant for the storage excess of equipment, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom Pro Rata Share of all sprinklers storage space located in the ceiling Building and being made available for tenant usage (so long as not less than 10,000 square feet of Rentable Area of storage space is made available to Tenant as aforesaid), which storage space need not be contiguous (but will be four (4) or fewer spaces of no less than 1,500 square feet of Rentable Area each), but shall be secure (i.e., having a lockable entrance), ventilated, heated and lighted space located in a portion of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except Building designated by Landlord with Landlord’s prior written approval. Landlord reserves the right reasonable access to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of Tenant’s rights to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to Landlord in the condition in which it was delivered to Tenant, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant.
(iii) Tenant shall pay Rent for the Storage Space (“Storage Rent”) at a rental rate, throughout the Storage Term, of [**]* per rentable square foot per annum in equal monthly installments each payable in advance on or before the first day of each month. Any partial month shall be appropriately prorated. All Storage Rent shall be payable in the same manner that Base Rent is payable hereunder.
(iv) Except as otherwise provided herein, all terms and provisions of the Lease shall be applicable to the Storage Space, except that Landlord need not supply air-cooling, heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Space and Tenant shall not be entitled to any allowances, rent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to the Storage Space. Landlord shall not be liable for any theft or damage to any items or materials stored in the Storage Space, it being understood that Tenant is using the Storage Space at its own risk, except to the extent any loss or liability results from the negligence or willful misconduct of Landlord or its employees, agents or contractors (Tenant Freight Elevator and in any event subject to the provisions of Section 22(e) below)Tenant Staging Area. The Storage Space shall not be included in the determination of Tenant’s Share nor shall Tenant be required to pay Operating Expenses, Insurance Expenses or Property Taxes in connection with the Storage Space.
(v) At any time and from time to time, Landlord shall have the right to relocate any such storage space from time to time to another location at the Storage Space Building reasonably acceptable to Tenant upon not less than sixty (60) days prior written notice thereof to Tenant, so long as (i) the substitute space is of reasonably comparable size to the space being so relocated, (ii) the substitute space meets all of the criteria described in this Paragraph 6(M), and (iii) Landlord is responsible, at its expense, for moving all items being stored in the relocated space to the applicable substitute storage space, as well as for the security and condition of any and all items being so moved during the course of such move, and in such event, Landlord shall indemnify and hold Tenant harmless from and against, and shall compensate Tenant for, any and all loss or damage to any of the items so moved, to the extent such loss or damage occurred during the course of such move. Tenant shall use such storage space for purposes of storing files, records, furniture, equipment, supplies, attic stock and materials of the type customarily used by office building tenants, and for no other purposes. Landlord shall provide services to such storage space as are customarily provided to storage space in comparable Class A office buildings in downtown Chicago. Tenant shall pay Rent for such storage space at the gross rental rate (i.e., there shall be no Operating Expenses or Taxes separately payable for any such storage space) of $17.00 per square foot of Rentable Area thereof, increased on a new location cumulative, compounding basis commencing on the first day of the second Lease Year by two and one-half percent (2.5%) annually. Tenant’s use of such storage space shall be subject to such reasonable rules and regulations as Landlord from time to time may promulgate on a non-discriminatory basis, and, at Landlord’s request, the parties shall enter into a separate storage space lease in form and substance reasonably satisfactory to Landlord and Tenant, which shall be no smaller than consistent with the square footage terms of this Paragraph 6(M) and the terms of this Lease, and shall not impose any additional duties, obligations or liabilities upon Tenant (except to a de minimis extent). Tenant may elect at any time upon at least thirty (30) days’ prior written notice to Landlord to surrender to Landlord as of the Storage Space and no less accessible or usable than last day of a calendar month thereafter any demisable portion of such storage space (i.e., meaning space which Landlord reasonably determines is capable of being demised as storage space to another tenant without additional cost to separately demise the Storage Spacesame being imposed on Landlord) which has access to the Common Areas of the Building. In the event that Tenant does not elect to lease Tenant’s Pro Rata Share of the storage space at the Building effective as of the Commencement Date as provided above, but thereafter notifies Landlord that Tenant desires to lease any such storage space, Landlord shall pay give Tenant notice if any storage space at the directBuilding is available (or when any additional storage space in the Building will become available), out-of-pocketand Tenant shall have the right to lease the same upon the terms (including the then escalated rental rates, reasonable expenses continuing to escalate as and when described above) set forth above commencing on the first day designated by Tenant on which such space is (or so becomes) available. Without limitation of the foregoing, and in addition to the storage rights otherwise provided above in this Paragraph 6(M), it is agreed that Tenant shall lease as storage space during the Term, at the Rent rates and other terms otherwise described above in this Paragraph 6(M) relative to other storage space at the Building, such relocationportion of the space on the 5th floor of the Building depicted as being part of the Initial Premises on Exhibit A-1 attached hereto as may be designated by Tenant, by written notice thereof delivered to Landlord on or before December 31, 2005 (time being of the essence); provided that in no event shall Tenant have the right to designate as such storage space on the 5th floor any area which would result in less than 10,000 square feet of Rentable Area, in the aggregate, remaining as part of the Initial Premises hereunder on the 4th and 5th floors of the Building. In the event that Tenant fails to so timely deliver its notice as described in the preceding sentence, then the entire area on the 5th floor which is designated on Exhibit A-1 as the 5th floor portion of the Premises shall continue to be leased as part of the Initial Premises hereunder. The actual Rentable Area of any storage space so designated by Tenant on the 5th floor shall be determined pursuant to the Measurement Method and as part of the determination of all Rentable Area under this Lease. Tenant shall have no right to surrender any such 5th floor storage space to Landlord at any time during the Term, notwithstanding anything contained herein to the contrary.
Appears in 1 contract
Sources: Office Lease (KBS Real Estate Investment Trust II, Inc.)
Storage Space. (i) A. Landlord hereby demises and leases to Tenant, and Tenant shall have hereby leases from Landlord, the Option to lease, on the terms of this Section 9(c), storage space on the Basement floor of the Building which storage space (the “Storage Space”) shall be identified in accordance with this Section 9(c), Space for a term commencing as of June 11, 2012 (the “Storage Term”) that is coterminous with the Term, unless earlier terminated. If Tenant wishes to lease storage space, Tenant shall so inform Landlord in writing, and within thirty (30) days thereafter, Landlord shall inform Tenant in writing of the location and configuration of storage space, if any, which is then available for Tenant’s use (the “Storage Space Availability NoticeCommencement Date”). Within ) and terminating on the earlier of: (x) the date thirty (30) days after receipt Tenant gives Landlord a written termination notice (“Storage Space Termination Notice”), or (y) September 30, 2015. Said demise of the Storage Space Availability Notice, Tenant may by notice to Landlord (the “Storage Space Exercise Notice”) exercise its option to lease some or shall be upon all of the storage space offered in terms and conditions of the Lease applicable to the Existing Premises, except to the extent inconsistent with the provisions of this Third Amendment.
B. Notwithstanding anything to the contrary herein contained, Tenant shall take the Storage Space Availability Notice“as-is”, as specified by Tenant in the condition in which the Storage Space Exercise Noticeis in as of the Storage Space Commencement Date, in which case without any obligation on the specified part of Landlord to prepare or construct the Storage Space for Tenant’s occupancy and without any warranty or representation by Landlord as to the condition of the Storage Space.
C. The Base Rent with respect to the Storage Space shall be leased on $[***] per year (i.e., $[***] per month).
D. Landlord shall have no obligation to provide any services to the terms of this Section 9(c) Storage Space other than electricity for a term commencing on the date specified electric lighting fixture in the Storage Space Exercise Notice. Space.
E. Tenant shall have the right to terminate its lease of use the Storage Space (or discreet portions thereof) for storage purposes in connection with its use of the Premises demised under the Lease and for no other purposes whatsoever.
▇. ▇▇▇▇▇▇▇▇ reserves the right, from time to time, upon not less than thirty (30) days’ notice to Landlord.
(ii) The Storage Space shall will be delivered in its “as-is” condition and be used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. at Landlord’s cost and expense, to require Tenant agrees to keep relocate from the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored another area in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom Building of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of Tenant’s rights substantially equivalent size to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to Landlord in the condition in which it was delivered to Tenant, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein as reasonably designated by or on behalf of TenantLandlord.
(iii) Tenant shall pay Rent for the Storage Space (“Storage Rent”) at a rental rate, throughout the Storage Term, of [**]* per rentable square foot per annum in equal monthly installments each payable in advance on or before the first day of each month. Any partial month shall be appropriately prorated. All Storage Rent shall be payable in the same manner that Base Rent is payable hereunder.
(iv) Except as otherwise provided herein, all terms and provisions of the Lease shall be applicable to the Storage Space, except that Landlord need not supply air-cooling, heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Space and Tenant shall not be entitled to any allowances, rent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to the Storage Space. Landlord shall not be liable for any theft or damage to any items or materials stored in the Storage Space, it being understood that Tenant is using the Storage Space at its own risk, except to the extent any loss or liability results from the negligence or willful misconduct of Landlord or its employees, agents or contractors (and in any event subject to the provisions of Section 22(e) below). The Storage Space shall not be included in the determination of Tenant’s Share nor shall Tenant be required to pay Operating Expenses, Insurance Expenses or Property Taxes in connection with the Storage Space.
(v) At any time and from time to time, Landlord shall have the right to relocate the Storage Space to a new location which shall be no smaller than the square footage of the Storage Space and no less accessible or usable than the Storage Space. Landlord shall pay the direct, out-of-pocket, reasonable expenses of such relocation.
Appears in 1 contract
Sources: Datacenter Lease (Carbonite Inc)
Storage Space. (i) 29.1 Tenant shall have lease from Landlord during the Option to leaseLease Term, on the terms approximately one thousand (1,000) square feet of this Section 9(c), storage space as depicted on the Basement floor of the Building which storage space Exhibit P attached hereto (the “Storage Space”). Commencing on the Lease Commencement Date, Tenant shall pay the annual rent for such Storage Space set forth in Section 1.5(b) hereof. The annual rent payable for such Storage Space shall be identified payable in equal monthly installments in advance on the first day of each month. Except as otherwise specified in this Section, all of the terms, covenants, conditions and provisions of this Lease, except those contained in Section 5.1 and Exhibit B, shall apply to such Storage Space. Landlord shall, at Landlord’s expense, partition the perimeter boundaries of the Storage Space with wire mesh, and provide lighting and a wire mesh door, with building standard lock set (keyed for Tenant’s use only), and fit out the Storage Space as required by Law (including sprinklers), but Landlord shall not be obligated to provide any other alterations or improvements to or for such Storage Space. In addition, Landlord shall not be obligated to furnish any utilities or services to such Storage Space except for electricity reasonably sufficient for lighting the Storage Space. Tenant shall use any such Storage Space exclusively for storage purposes consistent with a first-class office building and for no other use or purpose and otherwise in accordance with this Section 9(c), for a term Lease (the “and in no event shall employees of Tenant or other persons occupy or work from such Storage Term”) that is coterminous with the Term, unless earlier terminated. If Tenant wishes to lease storage space, Tenant shall so inform Landlord in writing, and within thirty (30) days thereafter, Landlord shall inform Tenant in writing of the location and configuration of storage space, if any, which is then available for Tenant’s use (the “Storage Space Availability Notice”Space). Within thirty (30) days after receipt of the Storage Space Availability NoticeFurthermore, in no event shall Tenant store food, food products or other materials that may by notice to Landlord (the “Storage Space Exercise Notice”) exercise its option to lease some attract rodents or all of the storage space offered other pests in the Storage Space Availability Notice, as specified by Tenant in the Storage Space Exercise Notice, in which case the specified Storage Space shall be leased on the terms of this Section 9(c) for a term commencing on the date specified in the Storage Space Exercise NoticeSpace. Tenant Landlord shall have the right to terminate its lease of change the Storage Space (or discreet portions thereof) upon thirty (30) days’ notice to Landlord.
(ii) The Storage Space shall will be delivered in its “as-is” condition location and be used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use configuration of the Storage Space from time to time. Upon expiration or earlier termination , provided that: (i) Landlord shall provide Tenant with substitute space of Tenant’s rights to similar nature and size elsewhere in the Building, which will not be any less than approximately 1,000 square feet (the “Substitute Storage Space”), (ii) Landlord shall provide Tenant no less than thirty (30) days advance written notice of the date Tenant must vacate the existing Storage Space, Tenant (iii) Landlord shall completely vacate cause, at Landlord’s sole cost (and surrender not as an Operating Expense) to be fit-out and constructed in substantially the same condition as the initial Storage Space, (iv) in no event will Tenant’s rent for the Storage Space increase, and (v) Landlord shall, at Landlord’s expense, move the items stored in the Storage Space to Landlord in the condition in which it was delivered to Tenant, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant.
(iii) Tenant shall pay Rent for the Storage Space (“Storage Rent”) at a rental rate, throughout the Storage Term, of [**]* per rentable square foot per annum in equal monthly installments each payable in advance on or before the first day of each month. Any partial month shall be appropriately prorated. All Storage Rent shall be payable in the same manner that Base Rent is payable hereunder.
(iv) Except as otherwise provided herein, all terms and provisions of the Lease shall be applicable to the Storage Space, except that Landlord need not supply air-cooling, heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Space and Tenant shall not be entitled to any allowances, rent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to the Substitute Storage Space. Landlord Upon Landlord’s request, Tenant shall not be liable for any theft or damage to any items or materials stored in the Storage Space, it being understood that Tenant is using the Storage Space at its own risk, except promptly execute a reasonably acceptable amendment to the extent any loss or liability results from Lease identifying the negligence or willful misconduct of Landlord or its employees, agents or contractors (and in any event subject to the provisions of Section 22(e) below). The Storage Space shall not be included in the determination of Tenant’s Share nor shall Tenant be required to pay Operating Expenses, Insurance Expenses or Property Taxes in connection with the Substitute Storage Space.
(v) At any time and from time to time, Landlord shall have the right to relocate the Storage Space to a new location which shall be no smaller than the square footage of the Storage Space and no less accessible or usable than the Storage Space. Landlord shall pay the direct, out-of-pocket, reasonable expenses of such relocation.
Appears in 1 contract
Storage Space. Section 32.1 Landlord hereby grants to Tenant, for Tenant’s own use and not for resale purposes, a license of area up to two thousand (i2000) Tenant shall have the Option to lease, on the terms of this Section 9(c), storage space on the Basement floor of gross square feet in the Building which storage space as determined by Landlord in Landlord’s judgment from time to time (the “Storage Space”) for the dry storage of Tenant’s Property and for no other purpose pursuant to the terms and conditions of this Article 32 commencing from the time Landlord notifies Tenant in writing of the Storage Space location (“Storage Space Commencement Date”) through the Term or earlier termination of this Lease
Section 32.2 Tenant shall be identified pay a license fee to Landlord for the Storage Space, as Additional Rent in accordance with this Section 9(c)advance on the first day of each month during the Term, for a term in the amount of six and 50/100 dollars ($6.50) per gross square foot per annum (the “Storage TermSpace Rent”) beginning on the Storage Space Commencement Date through the Term or- earlier- termination of this Lease. The Storage Space Rent shall increase on each anniversary of the Commencement Date by an amount equal to three percent (3.0%) of the Storage Space Rent, notwithstanding the fact that is coterminous with Tenant may not elect to use the TermStorage Space immediately upon the Commencement Date. For purposes of this Lease, unless earlier terminated. If Tenant wishes Storage Space Rent shall be deemed to lease storage space, be included as Additional Rent hereunder.
Section 32.3 Tenant shall so inform be responsible, at Tenant’s sole cost and expense, to cage off that certain area encompassing the Storage Space from the rest of the Building and to construct an entrance into the Storage Space from the Premises. Tenant acknowledges and agrees the Storage Space shall have one single point of entry through the Premises only.
Section 32.4 Landlord in writingmay at its option, and within at any time during the Term upon not less than thirty (30) days thereafter, Landlord shall inform prior notice to Tenant (except in writing the event of the location and configuration of storage space, if any, which is then available for Tenant’s use (the “Storage Space Availability Notice”). Within thirty (30an emergency) days after receipt of relocate the Storage Space Availability Noticeto another area in, Tenant may on or adjacent to the Building designated by notice to Landlord (the “Storage Space Exercise Notice”) exercise its option to lease some or all of the storage space offered in the Storage Space Availability NoticeLandlord, as specified by Tenant in the Storage Space Exercise Notice, in which case the specified Storage Space shall be leased on the terms at Tenant’s sole cost and expense.
Section 32.5 For purposes of this Section 9(c) for a term commencing on the date specified Lease and except as otherwise set forth in the Storage Space Exercise Notice. Tenant shall have the right to terminate its lease of the Storage Space (or discreet portions thereof) upon thirty (30) days’ notice to Landlord.
(ii) The Storage Space shall will be delivered in its “as-is” condition and be used by Tenant for the storage of equipmentthis Article 32, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall deemed to be at least 18 inches below the bottom of all sprinklers located in the ceiling included as part of the Storage Space, if any. Premises and Tenant shall not store anything in have all those respective obligations regarding the Storage Space which is unsafe or which otherwise may create a hazardous conditionas set forth herein for the Premises, or which may increase Landlord’s including, but not limited to, insurance ratesrequirements, or cause a cancellation or modification of Landlord’s insurance coveragemaintenance obligations, access rights, and the like. Without limitation, Tenant shall acknowledges and agrees Landlord will not store provide any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of Tenant’s rights services to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to however, Landlord in the condition in which it was delivered to will cooperate with Tenant, ordinary wear and tear exceptedat no cost to Landlord, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant.
(iii) to aid Tenant shall pay Rent for the Storage Space (“Storage Rent”) at a rental rate, throughout the Storage Term, of [**]* per rentable square foot per annum in equal monthly installments each payable in advance on or before the first day of each month. Any partial month shall be appropriately prorated. All Storage Rent shall be payable in the same manner that Base Rent is payable hereunder.
(iv) Except as otherwise provided herein, all terms and provisions of the Lease shall be applicable obtaining any requested utilities to the Storage Space, except that Landlord need not supply air-cooling, heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Space and Tenant shall not be entitled to any allowances, rent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to the Storage Space. Landlord shall not be liable for any theft or damage to any items or materials stored in the Storage Space, it being understood that Tenant is using the Storage Space all at its own risk, except to the extent any loss or liability results from the negligence or willful misconduct of Landlord or its employees, agents or contractors (and in any event subject to the provisions of Section 22(e) below). The Storage Space shall not be included in the determination of Tenant’s Share nor shall Tenant be required to pay Operating Expenses, Insurance Expenses or Property Taxes in connection with the Storage Spacesole cost and expense.
(v) At any time and from time to time, Landlord shall have the right to relocate the Storage Space to a new location which shall be no smaller than the square footage of the Storage Space and no less accessible or usable than the Storage Space. Landlord shall pay the direct, out-of-pocket, reasonable expenses of such relocation.
Appears in 1 contract
Sources: Lease Agreement (Rackspace Inc)
Storage Space. Tenant has the option to lease from Landlord, for a term coterminous with this Lease, approximately 513 rentable square feet of storage space in the Building known as Spaces H (i) Tenant shall have the Option to lease, on the terms of this Section 9(c91 square feet), storage space I (130 square feet), and D (292 square feet) in three (3) separate locations as shown on the Basement floor of the Building which storage space Exhibit K to this Lease (the “Storage Space”) for the purpose of general office storage use and for no other purpose. Tenant shall pay as Additional Rent for the Storage Space the amount of $1.00 per square foot per month, (with such amount increasing by three percent (3%) each Lease Year). Such rent shall be identified payable on or before the first (1st) day of each month during the Term in accordance with the manner set forth in this Section 9(c), for a term (the “Storage Term”) that is coterminous with the Term, unless earlier terminatedLease. If Tenant wishes to lease storage space, Tenant shall so inform Landlord in writing, and within thirty (30) days thereafter, Landlord shall inform Tenant in writing of not permit the location and configuration of storage space, if any, which is then available for Tenant’s use (the “Storage Space Availability Notice”). Within thirty (30) days after receipt or occupancy of the Storage Space Availability Noticeby any person or entity other than Tenant, its agents or employees. Tenant may by notice to Landlord (the “Storage Space Exercise Notice”) exercise its option to lease some or all of the storage space offered in hereby accepts the Storage Space Availability Notice, as specified by Tenant in its “AS IS” broom clean condition and agrees that Landlord shall have no obligation to make any improvements to the Storage Space Exercise Notice, in which case the specified Storage Space shall be leased on the terms of this Section 9(c) for a term commencing on the date specified in the Storage Space Exercise NoticeSpace. Either Tenant or Landlord shall have the right to terminate its the lease of the Storage Space (or discreet portions thereof) upon thirty (30) days’ days prior written notice to Landlord.
(ii) The Storage Space shall will be delivered Landlord in its “as-is” condition and be used the case of termination by Tenant for and ninety (90) days prior written notice to Tenant in the storage case of equipment, inventory or other non-perishable items normally used in Tenant’s business, and for no other purpose whatsoevertermination by Landlord. Tenant agrees to keep shall have the option of terminating the lease of the Storage Space in a neat and orderly fashion and as to keep any of the three (3) locations without terminating the lease of all stored items in cartons, file cabinets or other suitable containerssuch locations. All items stored in The lease of the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom of governed by all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord’s insurance rates, or cause a cancellation or modification of Landlord’s insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord’s prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of Tenant’s rights to the Storage Space, Tenant shall completely vacate and surrender the Storage Space to Landlord in the condition in which it was delivered to Tenant, ordinary wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant.
(iii) Tenant shall pay Rent for the Storage Space (“Storage Rent”) at a rental rate, throughout the Storage Term, of [**]* per rentable square foot per annum in equal monthly installments each payable in advance on or before the first day of each month. Any partial month shall be appropriately prorated. All Storage Rent shall be payable in the same manner that Base Rent is payable hereunder.
(iv) Except as otherwise provided herein, all terms and provisions conditions of the Lease shall be applicable to including, but not limited to, the Storage Spaceindemnity and insurance provisions set forth in Paragraphs 9A. and 8 respectively, except as otherwise set forth in this Paragraph 31 A and except that Landlord need not supply air-cooling, heat, * CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. water, janitorial service, cleaning, passenger or freight elevator service, window washing or electricity to the Storage Space and Tenant shall not be entitled to any allowances, rent credits, or expansion rights with respect to the Storage Space unless such concessions or rights are specifically provided for herein with respect to the Storage Space. Landlord shall not be liable for any theft or damage to any items or materials stored in the Storage Space, it being understood that Tenant is using the Storage Space at its own risk, except to the extent any loss or liability results from the negligence or willful misconduct of Landlord or its employees, agents or contractors (and in any event subject to the provisions of Section 22(e) below). The Storage Space shall not be included in the determination of Tenant’s Share nor shall Tenant be required to pay Operating Expenses, Insurance Expenses or Property Taxes in connection with the Storage Space.
(v) At any time and from time to time, Landlord shall have the right to relocate the Storage Space to a new location which shall be no smaller than the square footage of the Storage Space and no less accessible shall not be used in calculating Base Rent for the Premises, Additional Rent, or usable than any Tenant Improvement Allowance hereunder or any other calculation based upon the rentable square footage of the Premises. Tenant hereby agrees to provide Landlord with a certificate evidencing insurance coverage of the Storage Space prior to Tenant’s occupancy of the Storage Space. Landlord shall pay the direct, out-of-pocket, reasonable expenses of such relocationwill provide utilities for lighting to storage space.
Appears in 1 contract
Sources: Office Lease (TRX Inc/Ga)