Storage Space. In addition to Tenant’s rights to lease the Storage Premises in accordance with the terms of Section 29.30 of the Office Lease, Tenant shall be entitled, at any time following the commencement of construction within the Improvement Space, but subject to availability, to lease up to an additional 3,000 square feet of storage space (which may, at Landlord’s option, be provided in up to two (2) increments) (the “Additional Storage Premises”). In no event shall Landlord be required to perform any demolition or tenant improvement work or convert any space (whether then comprised of office space, retail space, parking or other non- storage space) to storage space for purposes of providing the same to Tenant. In the event that Landlord shall rent Additional Storage Premises to Tenant in accordance with the terms hereof, Tenant shall pay to Landlord, monthly storage rent in an amount equal to $0.75 per square foot per month for the first year of such lease, with three percent (3%) annual increases thereafter. All storage rent shall be due on a monthly basis concurrently with Tenant’s payment of the Base Rent due with respect to the Premises, and shall constitute Additional Rent under the Lease, as amended hereby. Tenant shall give prompt notice to Landlord in case of fire or accidents in or about the Additional Storage Premises or of defects therein or in the fixtures or equipment related thereto. Tenant acknowledges and agrees that Landlord shall have no obligation to provide any security for the Additional Storage Premises. Notwithstanding the foregoing, Landlord hereby acknowledges and agrees that the access control services provided by Landlord pursuant to the terms of Section 6.1.7 of the Lease shall apply with respect to Tenant’s lease of the Additional Storage Premises to the extent the Additional Storage Premises are located in the Building and not the “6310 Building,” as that term is defined below. The Additional Storage Premises, if leased by Tenant, shall be leased by Tenant in its then existing, “as-is” condition. Tenant shall be fully responsible for repairing any damage to the Additional Storage Premises to the extent such damage results from or relates to Tenant’s use thereof. Tenant’s insurance obligations under the Lease shall also pertain to Tenant’s use of the Storage Premises. The exact location of the Additional Storage Premises shall be determined by Landlord in its sole and absolute discretion and may be located in the Building and/or in the building located at 6▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (the “6310 Building”). Tenant hereby acknowledges and agrees, however, that (i) the 6310 Building is currently owned by an affiliate of Landlord and that any rights to storage space in the 6310 Building shall terminate to the extent that such affiliate of Landlord shall sell the 6310 Building, and (ii) to the extent Tenant shall lease storage space pursuant to the terms hereof in the 6310 Building, Tenant shall execute commercially reasonable documentation consistent with the terms of this Section 6 which may be provided by Landlord or Landlord’s affiliate in connection with Tenant’s lease of storage space at the 6310 Building. Tenant hereby acknowledges that, to the extent Additional Storage Space is not available as set forth herein, Landlord shall have no liability to Tenant in connection therewith and all of the terms of the Lease, as amended hereby, shall remain in full force and effect.
Appears in 1 contract
Sources: Office Lease (EMAK Worldwide, Inc.)
Storage Space. In addition to the Premises described in the Lease, commencing on Sept 1, 2014 Landlord hereby rents and leases to Tenant’s rights to lease , and Tenant hereby rents and leases from Landlord, the Storage Premises Space, upon the same terms and conditions as contained in accordance with the terms of Section 29.30 Lease for the lease of the Office LeasePremises, Tenant shall be entitled, at any time following the commencement of construction within the Improvement Space, but subject to availability, to lease up to an additional 3,000 square feet of storage space (which may, at Landlord’s option, be provided in up to two (2) increments) (the “Additional Storage Premises”). In no event shall Landlord be required to perform any demolition or tenant improvement work or convert any space (whether then comprised of office space, retail space, parking or other non- storage space) to storage space for purposes of providing the same to Tenant. In the event that Landlord shall rent Additional Storage Premises to Tenant in accordance with the terms hereof, except as follows:
a. Tenant shall pay monthly rent to Landlord, monthly storage rent in an amount equal to $0.75 per square foot per month Landlord for the first year Storage Space as and when Base Rent is due under the Lease in the amount of such lease, with three percent (3%) annual increases thereafter. All storage rent $265 per month; Base Rent shall be due on a monthly basis concurrently with Tenant’s payment escalated by annually by 2% beginning October 1, 2015;
b. The lease term of the Base Rent due Storage Space shall expire and be co-terminus with respect to the Lease of the Premises, as it may be extended from time to time;
c. Tenant may use the Storage Space only as a storage area and people may not be assigned to work therein on a full-time basis;
d. From time to time and in Landlord's sole discretion, Landlord may relocate the Storage Space in connection with a relocation of the Premises;
e. Landlord shall constitute Additional Rent under provide only the Leasefollowing services to the Storage Space:
i. electricity; and
ii. janitorial service for common areas.
f. The Storage Space shall not be included in determining the number of parking spaces
g. Tenant accepts such Storage Space on an "AS IS, as amended herebyWHERE IS" basis, "WITH ALL FAULTS" and without any representations and warranties whatsoever, and no work or improvements or any allowance therefor shall be required from Landlord for such Storage Space. Tenant shall give prompt notice to Landlord in case of fire not make any improvements or accidents in or about the Additional Storage Premises or of defects therein or in the fixtures or equipment related thereto. Tenant acknowledges and agrees that Landlord shall have no obligation to provide any security for the Additional Storage Premises. Notwithstanding the foregoing, Landlord hereby acknowledges and agrees that the access control services provided by Landlord pursuant alterations to the terms of Section 6.1.7 of the Lease shall apply with respect to Tenant’s lease of the Additional Storage Premises to the extent the Additional Storage Premises are located in the Building and not the “6310 Building,” as that term is defined below. The Additional Storage Premises, if leased by Tenant, shall be leased by Tenant in its then existing, “as-is” condition. Tenant shall be fully responsible for repairing any damage to the Additional Storage Premises to the extent such damage results from or relates to Tenant’s use thereof. Tenant’s insurance obligations under the Lease shall also pertain to Tenant’s use of the Storage Premises. The exact location of the Additional Storage Premises shall be determined by Landlord in its sole and absolute discretion and may be located in the Building and/or in the building located at 6▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (the “6310 Building”). Tenant hereby acknowledges and agrees, however, that (i) the 6310 Building is currently owned by an affiliate of Landlord and that any rights to storage space in the 6310 Building shall terminate to the extent that such affiliate of Landlord shall sell the 6310 Building, and (ii) to the extent Tenant shall lease storage space pursuant to the terms hereof in the 6310 Building, Tenant shall execute commercially reasonable documentation consistent with the terms of this Section 6 which may be provided by Landlord or Landlord’s affiliate in connection with Tenant’s lease of storage space at the 6310 Building. Tenant hereby acknowledges that, to the extent Additional Storage Space is not available as set forth herein, Landlord shall have no liability to Tenant in connection therewith and all of the terms of the Lease, as amended hereby, shall remain in full force and effectwithout Landlord's consent.
Appears in 1 contract
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 (the “Storage Delivery Date”), for the sole and express purpose of storage of items used in conjunction with Tenant’s rights to lease business in the Leased Premises, approximately six hundred forty-eight (648) square feet of basement storage space, commonly known as Space #13200B (hereinafter “Storage Premises Space”) in the approximate location shown on Addendum II, Schedule 1 attached hereto, in accordance with the all terms of Section 29.30 of the Office Lease, Lease except as specifically provided herein. Tenant shall accept the Storage Space in its “as is” condition. Any alterations or improvements to be entitled, at any time following performed by Tenant in the commencement of construction within the Improvement Space, but subject to availability, to lease up to an additional 3,000 square feet of storage space (which may, at Landlord’s option, Storage Space shall be provided in up to two (2) increments) (the “Additional Storage Premises”). In no event shall Landlord be required to perform any demolition or tenant improvement work or convert any space (whether then comprised of office space, retail space, parking or other non- storage space) to storage space for purposes of providing the same to Tenant. In the event that Landlord shall rent Additional Storage Premises to Tenant performed in accordance with plans and specifications approved in advance by Landlord, and in accordance with all applicable provisions of the terms hereofLease. Tenant may use the Storage Space throughout the Term, whereupon Tenant shall pay vacate and surrender the Storage Space to Landlord, monthly storage rent Landlord in an amount equal to $0.75 per square foot per month for the first year of such lease, with three percent (3%) annual increases thereaftergood and broom clean condition. All storage rent shall be due on a monthly basis concurrently with Tenant’s payment of the Base Rent due with respect to the Premises, and shall constitute Additional Rent For all purposes under the Lease, the Storage Space shall be deemed to be a part of the Leased Premises, except as amended herebyotherwise provided in this Addendum. Tenant shall give prompt notice to pay Landlord in case of fire or accidents in or about the following as Additional Storage Premises or of defects therein or in the fixtures or equipment related thereto. Tenant acknowledges and agrees that Landlord shall have no obligation to provide any security Rent for the Additional Storage Premises. Notwithstanding the foregoing, Landlord hereby acknowledges and agrees that the access control services provided by Landlord pursuant to the terms of Section 6.1.7 of the Lease shall apply with respect to Tenant’s lease of the Additional Storage Premises to the extent the Additional Storage Premises are located in the Building and not Space (the “6310 Building,” Storage Space Rent”): Rent Period Annually Monthly Storage 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 in advance on the first day of every calendar month during the Term, unless terminated earlier as that term is defined belowprovided above. The Additional Storage Premises, if leased by Tenant, shall be leased by Tenant in its then existing, “as-is” condition. Tenant shall be fully responsible for repairing any damage to the Additional Storage Premises to the extent such damage results from or relates to Tenant’s use thereof. Tenant’s insurance obligations under the Lease shall also pertain to Tenant’s use Floor Area of the Storage Premises. The exact location of the Additional Storage Premises Space shall be determined by Landlord in its sole and absolute discretion and may be located in the Building and/or in the building located at 6▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (the “6310 Building”). Tenant hereby acknowledges and agreesnot, however, that (i) the 6310 Building is currently owned by an affiliate of Landlord and that any rights to storage space be included in the 6310 Building shall terminate to the extent that such affiliate of Landlord shall sell the 6310 Building, and (ii) to the extent Tenant shall lease storage space pursuant to the terms hereof in the 6310 Building, Tenant shall execute commercially reasonable documentation consistent with the terms of this Section 6 which may be provided by Landlord or Landlord’s affiliate in connection with Tenant’s lease Proportionate share for purposes of storage space at calculating Tax Rent or Tenant’s Share of Operating Costs, nor shall Tenant pay Minimum Rent on the 6310 Building. Tenant hereby acknowledges that, to the extent Additional Storage Space is not available as set forth herein, Landlord shall have no liability to Tenant in connection therewith and all of the terms of the Lease, as amended hereby, shall remain in full force and effectSpace.
Appears in 1 contract
Storage Space. In addition to Tenant’s rights to lease the Storage Premises described in accordance with the terms of Section 29.30 of the Office Lease, Tenant shall be entitledcommencing on May 1, at any time following the commencement of construction within the Improvement Space, but subject to availability, to lease up to an additional 3,000 square feet of storage space 2015 (which may, at Landlord’s option, be provided in up to two (2) increments) (the “Additional Storage PremisesSpace Commencement Date”). In no event shall ) Landlord be required hereby rents and leases to perform any demolition or tenant improvement work or convert any space (whether then comprised of office spaceTenant, retail spaceand Tenant hereby rents and leases from Landlord, parking or other non- storage space) to storage space for purposes of providing the Additional Storage Space, upon the same to Tenant. In terms and conditions as contained in the event that Landlord shall rent Additional Storage Premises to Tenant in accordance with Lease for the terms hereoflease of the Premises, except as follows:
a. Tenant shall pay to Landlord, monthly storage rent in an amount equal to $0.75 per square foot per month for the first year of such lease, with three percent (3%) annual increases thereafter. All storage rent shall be due on a monthly basis concurrently with Tenant’s payment of the Base Rent due with respect to the Premises, and shall constitute Additional Rent under the Lease, as amended hereby. Tenant shall give prompt notice to Landlord in case of fire or accidents in or about the Additional Storage Premises or of defects therein or in the fixtures or equipment related thereto. Tenant acknowledges and agrees that Landlord shall have no obligation to provide any security for the Additional Storage Premises. Notwithstanding the foregoing, Landlord hereby acknowledges Space as and agrees that the access control services provided by Landlord pursuant to the terms of Section 6.1.7 of when Base Rent is due under the Lease in the amount of $661.35 per month. Base Rent shall apply with respect to Tenant’s be escalated by annually by 2% beginning July 1, 2016;
b. The lease term of the Additional Storage Premises Space shall expire and be co-terminus with the Lease of the Premises, as it may be extended from time to the extent time;
c. Tenant may use the Additional Storage Premises are located in Space only as a storage area and people may not be assigned to work therein on a full-time basis;
d. Landlord shall provide only the Building and not the “6310 Building,” as that term is defined below. The Additional Storage Premises, if leased by Tenant, shall be leased by Tenant in its then existing, “as-is” condition. Tenant shall be fully responsible for repairing any damage following services to the Additional Storage Premises Space:
i. electricity; and
ii. Janitorial service for common areas;
e. The Additional Storage Space shall not be included in determining the number of parking spaces; and
f. Tenant accepts such Additional Storage Space on an "AS IS, WHERE IS" basis, "WITH ALL FAULTS" and without any representations and warranties whatsoever, and no work or improvements or any allowance therefor shall be required from Landlord for such Additional Storage Space. Tenant shall not make any improvements or alterations to the extent such damage results from or relates to Tenant’s use thereof. Tenant’s insurance obligations under the Lease shall also pertain to Tenant’s use of the Storage Premises. The exact location of the Additional Storage Premises shall be determined by Landlord in its sole and absolute discretion and may be located in the Building and/or in the building located at 6▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (the “6310 Building”). Tenant hereby acknowledges and agrees, however, that (i) the 6310 Building is currently owned by an affiliate of Landlord and that any rights to storage space in the 6310 Building shall terminate to the extent that such affiliate of Landlord shall sell the 6310 Building, and (ii) to the extent Tenant shall lease storage space pursuant to the terms hereof in the 6310 Building, Tenant shall execute commercially reasonable documentation consistent with the terms of this Section 6 which may be provided by Landlord or Space without Landlord’s affiliate in connection with Tenant’s lease of storage space at the 6310 Building. Tenant hereby acknowledges that, to the extent Additional Storage Space is not available as set forth herein, Landlord shall have no liability to Tenant in connection therewith and all of the terms of the Lease, as amended hereby, shall remain in full force and effect's consent.
Appears in 1 contract
Storage Space. A. Landlord hereby demises and leases to Tenant and Tenant hereby accepts and leases from Landlord during the Term, certain storage space located on the 26th floor of the Building containing six hundred thirty-one (631) square feet, as outlined on Exhibit B attached hereto and made a part hereof (the “Storage Space”). Except as specifically set forth in this Paragraph 71, all terms and conditions of this Lease shall apply to the Storage Space as if the Storage Space were part of the Leased Premises, and all references to the Leased Premises contained herein, shall, where applicable, be deemed to be references to the Lease Premises and the Storage Space.
B. In addition to Tenant’s rights to lease the Storage Premises in accordance with the terms of Section 29.30 of the Office LeaseBase Rent, Tenant shall pay to Landlord as Additional Rent hereunder, rental for the Storage Space (the “Storage Space Rental”) in an amount equal to five hundred seventy-eight dollars and 42/100 ($578.42) per month (equivalent to an annual rate of $11.00 per square foot of such Storage Space). The Storage Space Rental shall be entitledincreased by an amount equal to three percent (3%) of the then Storage Space Rental on each anniversary of the Commencement Date during the Term and such increased Storage Space Rental shall then be the Storage Space Rental for the next succeeding year of the Term. The Storage Space Rental set forth in this Paragraph 71B includes all Taxes and Operating Expenses with respect to the Storage Space and Tenant’s Proportionate Share of Taxes and Operating Expenses shall not be adjusted to include any such amounts which would otherwise be allocable to the Storage Space.
C. The Storage Space shall be used by Tenant solely for the storage of papers, files, records and other office materials used in connection with the conduct of Tenant’s business from the Leased Premises and for no other purpose whatsoever. Tenant covenants and agrees to maintain the Storage Space in a clean and orderly condition and to maintain, at all times, clear aisles between the items stored by Tenant in the Storage Space with minimum widths of three feet (3’), sufficient to allow Landlord access to the Building equipment located in the Storage Space. In connection therewith, Landlord shall at all times retain pass keys to the Storage Space and shall make reasonable efforts, but shall have no obligation, to notify Tenant prior to Landlord’s entry into the Storage Space.
D. Tenant agrees that it will repair promptly, at its own expense, any damage to the Storage Space caused by bringing into the Storage Space any property for Tenant’s use or storage, or by the removal of such property, or by the negligence of Tenant or Tenant’s employees, and that it will surrender the Storage Space at the expiration of the Term in as good condition as when received, reasonable wear and tear and damage by fire or other current casualty excepted broom clean and free of all debris.
E. Landlord shall construct the Storage Space pursuant to plans and specifications approved by Tenant. Tenant shall pay any and all costs incurred with respect to the preparation and approval of such plans and specifications as well as the construction of the Storage Space; provided, however, that Landlord shall credit against the Storage Space Rental next due and owing hereunder any such amounts so paid by Tenant, not to exceed, in the aggregate, one thousand seven hundred and sixty dollars ($1,760.00).
F. Tenant shall have the right from time to time to terminate the lease for all or any of the three portions of Storage Space set forth in this Paragraph 71 at any time following after the commencement third (3rd) anniversary of construction within the Improvement Space, but subject Commencement Date by giving Landlord written notice of its intent to availability, so terminate no later than ninety (90) days prior to lease up to an additional 3,000 square feet the effective date of storage space (which may, at Landlord’s option, be provided in up to two (2) increments) (the “Additional Storage Premises”). In no event shall Landlord be required to perform any demolition or tenant improvement work or convert any space (whether then comprised of office space, retail space, parking or other non- storage space) to storage space for purposes of providing the same to Tenantsuch termination. In the event that Landlord shall rent Additional Storage Premises to Tenant in accordance with the terms hereofof such termination, Tenant shall pay to Landlord, monthly storage rent in together with the giving of such notice, an amount equal to $0.75 per square foot per month for the first year of such lease, with three percent (3%) annual increases thereafter. All storage rent shall be due on a monthly basis concurrently with Tenant’s payment then unamortized portion of the Base Rent due with respect to sum of the Premises, and shall constitute Additional Rent under the Lease, as amended hereby. Tenant shall give prompt notice to Landlord in case of fire or accidents in or about the Additional Storage Premises or of defects therein or in the fixtures or equipment related thereto. Tenant acknowledges and agrees that Landlord shall have no obligation to provide any security for the Additional Storage Premises. Notwithstanding the foregoing, Landlord hereby acknowledges and agrees that the access control services provided commission paid by Landlord pursuant to the terms of Section 6.1.7 of the Lease shall apply with respect to Tenant’s lease of the Additional Storage Premises to the extent the Additional Storage Premises are located in the Building and not the “6310 Building,” as that term is defined below▇.▇. The Additional Storage Premises, if leased by Tenant, shall be leased by Tenant in its then existing, “as-is” condition. Tenant shall be fully responsible for repairing any damage to the Additional Storage Premises to the extent such damage results from or relates to Tenant’s use thereof. Tenant’s insurance obligations under the Lease shall also pertain to Tenant’s use of the Storage Premises. The exact location of the Additional Storage Premises shall be determined by Landlord in its sole and absolute discretion and may be located in the Building and/or in the building located at 6▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ (the “6310 Building”). Tenant hereby acknowledges & Co. and agrees, however, that (i) the 6310 Building is currently owned by an affiliate of Landlord and that any rights to storage space in the 6310 Building shall terminate to the extent that such affiliate of Landlord shall sell the 6310 Building, and (ii) to the extent Tenant shall lease storage space pursuant to the terms hereof in the 6310 Building, Tenant shall execute commercially reasonable documentation consistent with the terms of this Section 6 which may be provided by Landlord or Landlord’s affiliate in-house commission in connection with Tenant’s the lease of storage space at the 6310 Buildingthis Storage Space. Landlord and Tenant hereby acknowledges thatagree that for the purpose of calculating such payment, said commission shall be allocated pro-rata on a square footage basis to each portion of the extent Additional Storage Space is not available and amortized evenly over a fifteen (15) year period commencing on the Commencement Date.
10. Except as expressly set forth herein, Landlord shall have no liability to Tenant in connection therewith and all of the terms of the Lease, as amended hereby, Lease shall remain unmodified and in full force and effect, enforceable in accordance with its terms.
Appears in 1 contract
Storage Space. In addition a. Landlord shall provide Tenant with a license to use space (“Storage Space”) for the storage of Tenant’s rights to lease the Storage Premises in accordance with the terms of Section 29.30 of the Office Lease, Tenant shall be entitled, at any furniture and equipment for a time following the commencement of construction within the Improvement Space, but subject to availability, to lease up to an additional 3,000 square feet of storage space (which may, at Landlord’s option, be provided in up to two (2) increments) period (the “Additional Storage PremisesSpace Period”). In no event shall Landlord be required to perform any demolition or tenant improvement work or convert any space ) beginning upon the date of surrender of the 1380 Willow Premises (whether then comprised of office space, retail space, parking or other non- storage spacethan the 1380 Datacenter) to storage space for purposes of providing the same to Tenant. In the event that Landlord shall rent Additional Storage Premises to Tenant in accordance ________________________ *** Certain information on this page has been omitted and filed separately with the terms hereof, Tenant shall pay to Landlord, monthly storage rent in an amount equal to $0.75 per square foot per month for the first year of such lease, with three percent (3%) annual increases thereafterSecurities and Exchange Commission. All storage rent shall be due on a monthly basis concurrently with Tenant’s payment of the Base Rent due Confidential treatment has been requested with respect to the Premisesomitted portions. and ending upon the earliest to occur of (i) September 30, 2017, (ii) the date that Tenant informs Landlord it no longer requires the Storage Space and shall constitute Additional Rent under (iii) the Lease, as amended hereby. Tenant shall give prompt notice to Landlord in case of fire or accidents in or about the Additional Storage Premises or of defects therein or in the fixtures or equipment related thereto. Tenant acknowledges and agrees date that Landlord shall have no obligation to provide any security for the Additional Storage Premises. Notwithstanding the foregoing, Landlord hereby acknowledges and agrees that the access control services provided by Landlord pursuant to the terms of Section 6.1.7 all of the Lease shall apply with respect Leases are terminated due to Tenant’s lease of the Additional Storage Premises to the extent the Additional Storage Premises are located in the Building and not the “6310 Building,” as that term is defined belowdefault. The Additional initial Storage Premises, if leased by Tenant, Space shall be leased by Tenant in its then existing, “as-is” condition. Tenant shall be fully responsible for repairing any damage to the Additional Storage Premises to the extent such damage results from or relates to Tenant’s use thereof. Tenant’s insurance obligations under the Lease shall also pertain to Tenant’s use of the Storage Premises. The exact location of the Additional Storage Premises shall be determined by Landlord in its sole and absolute discretion and may be located in the Building and/or in the building located at 6▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇1180 ▇▇▇▇▇▇▇▇ Premises. Within a reasonable period prior to Tenant’s surrender of the 1003-1005 ▇▇▇▇▇▇▇▇ Premises, additional storage space (the “6310 BuildingAdditional Storage Space”)) to be designated by Landlord shall be added to the Storage Space for the storage of Tenant’s furniture and equipment located in the 1003-1005 ▇▇▇▇▇▇▇▇ Premises. The Additional Storage Space shall consist of at least 11,000 square feet of warehouse space and may be at a location other than the Industrial Center (so long as it is within a five (5) mile radius of the Industrial Center) and shall be available through the end of the Storage Space Period. Landlord may designate alternative Storage Space within a five (5) mile radius of the Industrial Center (the “Relocated Storage Space”) that is not smaller than the Storage Space from time to time upon sixty (60) days’ notice to Tenant. Landlord shall reimburse Tenant hereby acknowledges for all of the actual out-of-pocket costs reasonably incurred by Tenant to move its furniture and agrees, however, that equipment (i) from the 6310 Building is currently owned by an affiliate of Landlord 1380 Willow Premises and that any rights to storage space in the 6310 Building shall terminate 1003-1005 ▇▇▇▇▇▇▇▇ Premises to the extent that such affiliate of Landlord shall sell the 6310 Building, Storage Space and (ii) from the Storage Space to any Relocated Storage Space; provided that all such costs must be approved by Landlord in writing prior to the commencement of any moving work.
b. Except to the extent Tenant shall lease storage space pursuant to caused by the terms hereof in the 6310 Buildinggross active or gross passive negligence or willful misconduct of Landlord or any Landlord Entity, Tenant shall execute commercially protect, defend, indemnify, and hold Landlord and Landlord Entities harmless from and against any and all loss, claims, liability, or costs (including court costs and reasonable documentation consistent with the terms of this Section 6 which may be provided by Landlord or Landlord’s affiliate attorneys’ fees) incurred in connection with the use of the Storage Space (and Additional Storage Space, if applicable) and movement of Tenant’s lease of storage space at the 6310 Building. Tenant hereby acknowledges that, to the extent Additional Storage Space is not available as set forth herein, Landlord shall have no liability to Tenant in connection therewith furniture and all of the terms of the Lease, as amended hereby, shall remain in full force and effectequipment.
Appears in 1 contract
Sources: Lease Amendment Agreement (Pacific Biosciences of California, Inc.)