The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises except as otherwise expressly set forth in this Lease or in the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areas, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Building.
Appears in 2 contracts
Sources: Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary ({the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each floor or floors of the Premises has approximately the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “‘Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.31.1.2, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease, Tenant shall accept the Premises and the Building in its presently existing their “asAS-isIS” condition as of Ready for Occupancy Date (as defined below), and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that Landlord has made no representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease. Notwithstanding the foregoing, subject to Force Majeure and availability of materials, promptly after full execution and delivery of this Lease or by Landlord and Tenant, Landlord shall, in accordance with all Laws, in a good and workmanlike manner and using Building-standard materials only, perform the following work in the Tenant Work Letter Premises in accordance with the plans set forth in Exhibit B attached hereto as Exhibit 5{collectively, “Landlord’s Work”): (i) new paint on the walls of the interior of the Premises; (ii) installation of new flooring throughout the Premises, (iii) refinishing of the millwork in the break room, (iv) installation of dividing wall; (v) installation of a glass door for conference room area; and (vi) removal of a demising wall. The costs associated with the LVT flooring in the entry area and with items (v) and (vi) shall be the responsibility of Tenant and shall be paid by Tenant to Landlord on or before the Effective Date. Upon substantial completion of Landlord’s Work, Landlord shall notify Tenant, and the Premises shall exclude Common Areasbe deemed ready for Tenant’s possession the first business day following the delivery of Landlord’s notice to Tenant (“Ready for Occupancy Date”). Landlord shall deliver the Premises to Tenant with Landlord’s Work substantially complete and otherwise in good, including without limitation exterior faces of exterior wallsvacant, the entrybroom clean condition, vestibules with all Building systems in good working order, and main lobby in compliance with all Laws. Tenant’s acceptance of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closetsPremises shall not be deemed a waiver of Tenant’s right to have defects in Landlord’s Work repaired at no cost to Tenant. Tenant shall give notice to Landlord whenever any such defect becomes reasonably apparent, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the BuildingLandlord shall repair such defect as soon as practicable.
Appears in 2 contracts
Sources: Office Lease (Kinnate Biopharma Inc.), Office Lease (Kinnate Biopharma Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline outlines of each floor of the Premises is are set forth in Exhibit 2.2, A attached hereto and each floor of the Premises has the number of rentable square feet as set forth in Exhibit A-1 attached hereto. No later than March 31, 2018, Tenant shall deliver written notice (the “Phase Designation Notice”) to Landlord, for Landlord’s reasonable approval, of Tenant’s proposed location and size of each Phase of the Premises, subject to the rentable square footage requirements set forth in Section 2.2 of the Summary, and further provided that each Phase shall consist primarily of full floor increments of space. Concurrently with Tenant’s delivery of the Phase Designation Notice, Tenant shall provide any additional amount required to be provided to Landlord as payment for the first month of Base Rent applicable to the Phase I Premises as set forth in Section 3.1 below. Notwithstanding the March 31, 2018 deadline set forth above, after Tenant’s delivery of the Phase Designation Notice, prior to the earlier of the Phase I Lease Commencement Date and Tenant’s submittal of the Final Working Drawings (as defined in the Work Letter) for the Phase I Premises to Landlord for approval, Tenant shall have the right to modify Tenant’s proposed location and size of each Phase of the Premises as set forth in the Phase Designation Notice, subject to the rentable square footage requirements set forth in Section 2.2 of the Summary, and further provided that each Phase shall continue to consist primarily of full floor increments of space (and Tenant shall have the right to make a similar adjustment with respect to the proposed location and size of the Phase II Premises and the Phase III Premises prior to Tenant’s submittal of the Final Working Drawings for the Phase II Premises). Following determination of the location of each Phase, Landlord and Tenant shall promptly execute an amendment to this Lease setting forth the location and rentable square footage of each Phase, the Base Rent schedule for each Phase, and Tenant’s Share with respect to each Phase. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, Buildings only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept Except as specifically set forth in this Lease and in the Premises in its presently existing Work Letter attached hereto as Exhibit B (the “as-is” condition and Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Buildings or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areas, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the BuildingLetter.
Appears in 2 contracts
Sources: Lease Agreement (Dropbox, Inc.), Lease Agreement (Dropbox, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A-1 attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A-1 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” ”, as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises Except as specifically set forth in its presently existing “as-is” condition and this Lease, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant shall accept the Seventh Floor Premises except and Tenth Floor Premises, as otherwise expressly set forth those terms are defined in this Lease Section 2.2 of the Summary, in its “as-is” condition as of the Delivery Date. Tenant shall accept the Fifth Floor Premises, as that term is defined in Section 2.2 of the Summary, in its “as-is” condition as of the Fifth Floor Premises Delivery Date Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or in warranty regarding the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areas, including without limitation exterior faces condition of exterior wallsthe Premises, the entry, vestibules and main lobby Building or the Project or with respect to the suitability of any of the Building, elevator lobbies and common lavatories, foregoing for the common stairways and stairwells, elevators and elevator conduct of ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Building▇’s business.
Appears in 2 contracts
Sources: Office Lease (Figma, Inc.), Office Lease (Figma, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit 2.2A attached hereto. The outline of the "Building" and the "Project," as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant and Landlord each covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and "Tenant Work Letter"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto Letter, and except that Landlord shall deliver the Premises in broom-clean condition and shall cause the mechanical, plumbing, electrical, fire sprinkler and life safety, lighting, air conditioning and heating systems and all other building systems serving the Premises, including the roof membrane (collectively, the “Building Systems”) and the roof and floor slab of the Building to be in good operating condition and repair as Exhibit 5of the Lease Commencement Date. The commencement of business operations from the Premises by Tenant shall exclude Common Areaspresumptively establish that the Premises and the Building were at such time in good and sanitary order, including without limitation exterior faces condition and repair. Notwithstanding anything in this Lease to the contrary, in connection with the foregoing Landlord shall, at Landlord's sole cost and expense (which shall not be deemed an "Operating Expense," as that term is defined in Section 4.2.4), repair or replace any failed, defective or inoperable portion of exterior wallsthe Building Systems serving the Premises, the entryroof and the floor slab of the Building during the first twelve (12) months of the initial Lease term ("Warranty Period"), vestibules provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, omissions, and/or negligence of Tenant, its subtenants and/or assignees, if any, or any company which is acquired, sold or merged with Tenant (collectively, " Tenant Damage"), or by any modifications, Alterations or improvements constructed by or on behalf of Tenant. Landlord shall coordinate such work with Tenant and main lobby shall utilize commercially reasonable efforts to perform the same in a manner designed to minimize interference with Tenant's use of the Premises. To the extent repairs which Landlord is required to make pursuant to this Section 1.1.1 are necessitated in part by Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. Landlord will be responsible, at its sole cost (and without pass through to Tenant as Operating Expenses or otherwise), for causing the Base Building, exterior of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closetsexisting Building entrances, and pipesall exterior Common Areas (including required striping and handicapped spaces in the parking areas) to be in compliance with Applicable Laws, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts to the extent required to allow the legal occupancy of the BuildingPremises or the commencement and/or completion of the Tenant Improvements. Notwithstanding the foregoing, any process utilities shall be provided without warranty, in their currently existing, "as-is" condition.
Appears in 2 contracts
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or · pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The taking of possession of the Premises by Tenant shall exclude Common Areasconclusively establish that the Premises and the Building were at such time in good and sanitary order, including without limitation exterior faces of exterior wallscondition and repair. Subject to Landlord’s reasonable access control systems and procedures, the entry“Rules and Regulations,” as that term is defined in Section 5.2, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closetsbelow, and pipesthe terms of this Lease, ductsLandlord shall allow Tenant access to the Premises twenty-four (24) hours per day, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Buildingseven (7) days per week.
Appears in 2 contracts
Sources: Assignment of Sublease (Jaguar Animal Health, Inc.), Assignment of Sublease (Jaguar Animal Health, Inc.)
The Premises. 1.1.1 Subject to the terms and conditions set forth in this Lease, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises from Landlord. Tenant acknowledges and agrees that this Lease is set forth in Exhibit 2.2, attached hereto made upon the condition that Tenant will perform each of its obligations hereunder and the Premises has the number that Tenant’s agreement to perform each of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises such obligations is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease Lease. The parties acknowledge that Exhibit A is intended only to keep show the outline and perform each and all general location of such termsthe Premises, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is does not meant to constitute an agreement, representation or warranty as to the construction or precise area of the Premises, the precise area thereof Building or the Property, as to the specific location or elements of the Property, including the Building or the “Common Areas,” (as defined below) or as to the access ways to the Premises, the Building or the Property. Prior to lease execution, the parties confirmed the usable square footage of the Phase I Premises, which confirmation is binding and conclusive on the parties and shall not be subject to challenge. At the earliest feasible time but no later than the Phase II Commencement Date, Landlord shall have the Approved Working Drawings for Landlord’s Phase II Work (excluding the Roof Deck) measured by ▇▇▇▇▇▇▇▇▇ Systems (or if not in business for any reason at the time the Phase II Measurement Report [as hereinafter defined] is required, then another third party BOMA measurer reasonably agreed to by Landlord and Tenant), who shall measure the usable square footage using the BOMA Standard and issue a report confirming such findings (the “Phase II Measurement Report”). To account for the 12% load factor stipulated by the Landlord and Tenant, the rentable square footage of the Phase II Premises shall be 112% of such usable square footage (rounded to the nearest square foot). The Phase II Measurement Report shall be subject to verification by Tenant’s Architect (as hereinafter defined). If Tenant’s Architect does not agree with the Phase II Measurement Report (which objection must be made by Tenant within thirty (30) days after receipt of the Phase II Measurement Report), Tenant’s Architect shall submit its own measurement report using the BOMA Standard (the “Tenant Measurement Report”), and Landlord and Tenant shall then mutually select a third party impartial architect (whose fee shall be split equally between Landlord and Tenant) to decide if the Phase II Measurement Report or the Tenant Measurement Report is more accurate. Such third party architect may only choose one of the two reports, and its conclusion as to which of the reports is more accurate shall be binding and conclusive on the parties. Solely by way of example, if the Phase II Measurement Report (or Tenant Measurement Report, if such report prevails pursuant to the provision above) determined the usable square footage of the Phase II Premises was 25,000 square feet, the rentable square footage would factor in a 12% load factor, for a final rentable square footage of 28,000, and assuming the Base Rent per rentable square foot per month of the Phase II Premises is then $3.15; the monthly Base Rent for the Phase II Premises would then be $88,200.00 ($3.15 x 28,000 rentable square feet). On the Phase II Commencement Date, Base Rent shall commence for the Phase II Premises (subject to the abatement periods set forth in Exhibit D) and the Base Rent per rentable square foot of the Phase II Premises shall always be the same as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways Phase I Premises (except that, pursuant to Exhibit D, abatements of such Base Rent will likely occur during different time periods).
1.1.2 A. Except as specifically set forth in this Lease, including, without limitation, in Exhibits B and B-1, the Premises or the shall be accepted by Tenant in their “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises in its presently existing “asAS-isIS” condition and configuration as of the Effective Date, without any obligation of Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises except as otherwise expressly set forth in this Lease or in the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areas, including without limitation exterior faces of exterior wallsPremises, the entry, vestibules Building or the Property and main lobby without any representation or warranty regarding the condition of the Building, elevator lobbies and common lavatoriesPremises, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively Building or in common with any other parts portion of the Building.Property, their suitability for the conduct of Tenant’s business or any zoning ordinances or other
Appears in 2 contracts
Sources: Lease Agreement (Sweetgreen, Inc.), Lease Agreement (Sweetgreen, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter Letter. The taking of possession of the Premises by Tenant after substantial completion of the Landlord Work shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein, Landlord shall, at Landlord’s sole cost and expense and with no pass-through to Tenant, repair latent defects in the Base Building, Base, Shell, and Core and in the Landlord Work provided that Tenant provides written notice to Landlord of any such latent defects on or before the date that is six (6) months after the Commencement Date. As used in this Lease, a “latent defect” is a design or construction defect or error in the Base Building, Base, Shell and Core and in the Landlord Work which is not apparent upon an ordinary and reasonable inspection of the Premises. Subject to (a) all of the terms and conditions of this Lease, including the Rules and Regulations attached hereto as Exhibit 5. The Premises D, (b) emergency situations or other matters outside the reasonable control of Landlord, and (c) the requirements of applicable laws, Tenant shall exclude Common Areas, including without limitation exterior faces of exterior walls, the entry, vestibules have access to and main lobby use of the BuildingProject 24 hours per day, elevator lobbies and common lavatories7 days per week, 365 days per year throughout the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the BuildingLease term.
Appears in 2 contracts
Sources: Consent to Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The Premises shall exclude Common Areas, including without limitation exterior faces taking of exterior walls, the entry, vestibules and main lobby possession of the BuildingPremises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, elevator lobbies condition and common lavatoriesrepair, the common stairways subject to Section 1.1.4 and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Building.any punch list items identified pursuant to Exhibit B.
Appears in 2 contracts
Sources: Lease (Decipher Biosciences, Inc.), Lease (Decipher Biosciences, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The Premises shall exclude Common Areas, including without limitation exterior faces taking of exterior walls, the entry, vestibules and main lobby possession of the BuildingPremises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, elevator lobbies condition and common lavatoriesrepair. For purposes of Section 1938 of the California Civil Code, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closetsLandlord hereby discloses to Tenant, and pipesTenant hereby acknowledges, ductsthat the Project, conduits, wires Building and appurtenant fixtures and equipment serving exclusively or in common with other parts of the BuildingPremises have not undergone inspection by a Certified Access Specialist (CASp).
Appears in 2 contracts
Sources: Lease (Inhibrx, Inc.), Lease (Benitec Biopharma LTD/ADR)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline rentable square footage of the Premises is set forth in Exhibit 2.2, attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 1.2.2 and the rentable square footage of the SummaryBuilding is as set forth in Section 1.6. The parties hereto agree that At any time Landlord may deliver to Tenant a notice substantially in the lease form of Exhibit C, as a confirmation of the Premises is upon and subject to the terms, covenants and conditions herein information set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, belowforth therein. Tenant shall accept the Premises in its presently existing “as-is” condition execute and Landlord return (or, by notice to Landlord, reasonably object to) such notice within ten (10) days after receiving it, and if Tenant fails to do so, Tenant shall not be obligated deemed to provide or pay for any improvement work or services related have executed and returned it without exception.
2.1.2 Except as expressly provided herein (including, without limitation, with respect to the improvement of the Premises except as otherwise expressly set forth in this Lease or in Landlord’s obligation to perform the Tenant Improvements and the Initial Landlord Work in accordance with the Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areas, including without limitation exterior faces of exterior wallsB), the entryPremises is accepted by Tenant in its condition and configuration existing on the date hereof, vestibules without any obligation of Landlord to perform or pay for any alterations to the Premises, and main lobby without any representation or warranty regarding the condition of the Building, elevator lobbies and common lavatoriesPremises, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively Building or in common with other parts the Project or their suitability for Tenant’s business. By taking possession of the BuildingPremises pursuant to this Lease, Tenant acknowledges that the Premises and the Building are then in the condition and configuration required hereunder. Notwithstanding the foregoing, (a) within 15 days after substantial completion of the Tenant Improvement Work (defined in Exhibit B), Landlord and Tenant shall jointly inspect the Premises and prepare a “punch list” identifying any portions of the Tenant Improvement Work that do not comply with Landlord’s obligations under Exhibit B; and (b) Landlord, as part of the Tenant Improvement Work, shall use good faith efforts to correct all such items within a reasonable period of time after preparation of such punch list.
Appears in 2 contracts
Sources: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Landlord and Tenant covenants each covenant as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions TCCs by it to be kept and performed and that this Lease is made upon the condition of such performanceperformed. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 A and A-1 is to show the approximate location of the Premises and the Must-Take Space in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways access-ways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept Except as specifically set forth in this Lease and in the Premises in its presently existing Work Letter attached hereto as Exhibit B (the “as-is” condition and Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease and the Work Letter. Subject to Landlord’s repair and maintenance obligations set forth in Article 7 of this Lease, below, and the terms and provisions of the Work Letter, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject only to (i) the provisions of this Section 1.1.1, (ii) latent defects brought to Landlord’s attention in writing within one (1) year following Landlord’s delivery of the Premises to Tenant, and (iii) Landlord’s ongoing obligations set forth in Sections 1.1.3 and 29.33, and Articles 7 and 24 of this Lease. Notwithstanding anything to the contrary set forth in this Lease, Landlord shall, at Landlord’s sole cost and expense, deliver the Premises to Tenant with the “Building Structure” (as that term is defined in Section 7.1 below) and the “Building Systems” (as that term is defined in Section 7.1, below) serving and within the Premises, in good working condition and repair and in material compliance with all “Applicable Laws” (as that term is defined in Article 24 of this Lease) in effect as of the date of the delivery of the Premises by Landlord to Tenant, and Landlord covenants that (A) such Building Systems have recently been operated, (B) such Building Systems have been regularly serviced, and (C) such Building Systems and the Building’s roof have a remaining useful life extending beyond the initial Lease Term (and if any of the same need to be replaced during the initial Lease Term for any reason other than (x) Tenant’s over-standard use of the same, in which case the provisions of Section 6.2 of the Lease shall apply; or (y) Tenant’s failure to properly maintain the same in accordance with Article 7 of this Lease; or (z) as permitted by Section 4.2.4(xiii)(A) or (B), the cost shall be paid by Landlord and not included in Operating Expenses). If, within the first twelve (12) months of the initial Lease Term, it is discovered that Landlord failed to deliver the Premises in compliance with the obligations listed in the Tenant Work Letter attached hereto as Exhibit 5. The immediately preceding sentence, then Landlord shall, at its sole cost and expense, make any repairs and/or replacements necessary to put the Building Systems and Building Structure serving the Premises shall exclude Common Areas, including without limitation exterior faces of exterior walls, in the entry, vestibules and main lobby of condition required by the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Buildingimmediately preceding sentence.
Appears in 2 contracts
Sources: Sublease Agreement (Mast Therapeutics, Inc.), Office Lease (Santarus Inc)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, 1.1.2 below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, 1.1.3 below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, 1.1.2 below. Tenant Landlord shall accept cause those portions of the Building systems located within and exclusively serving the Premises to be, as of the Commencement Date, in its presently existing “as-is” condition good working order and condition; provided, however, that the foregoing shall not imply any representation or warranty as to the useful life of such systems. Except as specifically set forth in this Lease, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in the Tenant Work Letter attached hereto as Exhibit 5Lease. The Premises shall exclude Common Areas, including without limitation exterior faces taking of exterior walls, the entry, vestibules and main lobby possession of the BuildingPremises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, elevator lobbies condition and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Buildingrepair.
Appears in 2 contracts
Sources: Sublease Agreement (CrowdStrike Holdings, Inc.), Sublease Agreement (CrowdStrike Holdings, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each floor of the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummarySummary (which shall not be subject to re-measurement or modification). The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants and Landlord each covenant as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Tenant shall accept the Premises in its presently existing their existing, “as-as is” condition condition, and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto Letter. Except when and where Tenant’s right of access is specifically excluded as Exhibit 5. The Premises the result of (i) an emergency, (ii) as required by “Applicable Laws,” as that term is defined in Article 24 of this Lease, or (iii) a specific provision of this Lease, Tenant shall exclude Common Areashave the right of ingress and egress to the Premises, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatoriesthe Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the BuildingLease Term.
Appears in 2 contracts
Sources: Office Lease (Apptio Inc), Office Lease (Apptio Inc)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each portion of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Work Letter attached hereto as Exhibit B (the “ Work Letter”), Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise specifically set forth in this Lease and the Work Letter. Subject to Landlord’s ongoing maintenance and repair obligations expressly set forth in this Lease or Lease, the commencement of business operations from the Premises by Tenant shall otherwise conclusively establish that the Premises and the Building were at such time in satisfactory order, condition and repair. In connection with the anticipated delivery dates set forth in Section 3.2 of the Summary, in the Tenant Work Letter attached hereto as Exhibit 5. The event Landlord anticipates that Landlord shall be able to deliver any portion of the Premises prior to the anticipated dates, Landlord shall exclude Common Areasprovide at least ninety (90) days prior written notice thereof to Tenant, including without limitation exterior faces of exterior wallsprovided that in no event shall the delivery dates for the Suite 800 Premises, the entrySuite 700 Premises, vestibules or the Suite 200 Premises occur prior to the respective anticipated delivery dates set forth in Sections 3.2.1, 3.2.2 and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Building.3.3.3
Appears in 2 contracts
Sources: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto Letter. Landlord shall deliver the Premises to Tenant in good, vacant, broom clean condition, and otherwise in the same condition as Exhibit 5. The Premises of the date of this Lease, in compliance with all Applicable Laws, with the roof water-tight and shall exclude Common Areascause the plumbing, electrical systems, fire sprinkler system, lighting, and all other building systems serving the Premises, including without limitation the Generator, in good operating condition and repair on or before the Lease Commencement Date, or such earlier date as Landlord and Tenant mutually agree. Landlord will be responsible for causing the exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closetsexisting Building entrances, and pipesall exterior Common Areas (including required striping and handicapped spaces in the parking areas) to be in compliance with ADA and parking requirements, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts to the extent required to allow the legal occupancy of the BuildingPremises or completion of the Tenant Improvements.
Appears in 2 contracts
Sources: Lease (Annexon, Inc.), Lease (Annexon, Inc.)
The Premises. 1.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord Landlord, the premises set forth Premises designated in Section 2.2 the Summary of Basic Lease Information (“Summary”) attached hereto, and which is more particularly described and outlined on the floor plan attached hereto and marked Exhibit A, all of which is incorporated herein by this reference. The Premises is located in the building at the address designated in the Summary (the “PremisesBuilding”), and located on the parcel of real property (the “Site”) under the Building. The outline Tenant acknowledges that Landlord has made no representation or warranty regarding the condition of the Premises is set forth Premises, Building, or Site except as specifically stated in Exhibit 2.2, attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summarythis Lease. The parties hereto agree that the lease of the Premises said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth, forth and Tenant covenants and Landlord covenant as a material part of the consideration for this Lease to keep and perform each and all of such said terms, covenants and conditions by it to be kept and performed performed, and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that .
1.2 Tenant shall have the purpose of Exhibits 2.2 is nonexclusive right to show the approximate location of the Premises use in common with other tenants in the “Building,” as that term is defined , subject to the reasonable discretion of Landlord to determine the manner in Section 1.1.2which the public and common areas are maintained and operated, belowthe loading and unloading areas, onlyroadways, sidewalks, walkways, parkways, and such Exhibit is not meant to constitute an agreement, representation or warranty as driveways appurtenant to the construction of the Premises, the precise area thereof or the specific location of the Building Premises (“Common Areas,” ”).
1.3 Landlord reserves the rights from time to time as set forth below provided that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways Landlord shall use commercially reasonable efforts with respect to the Premises exercise of any and all such rights so as not to interfere with Tenant’s use of or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related access to the improvement of the Premises except as otherwise expressly set forth in this Lease or in the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common AreasPremises:
(a) To remove, including without limitation exterior faces of exterior wallsinstall, the entryreinstall, vestibules use, maintain, repair and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and replace pipes, ducts, conduits, wires and appurtenant fixtures meters and equipment serving exclusively or in common with for service to other parts of the Building above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which ‘are located in the Premises or located elsewhere outside the Premises, and to expand the Building;
(b) To make changes to the Common Areas, including, without limitation, changes in the location, size, shape and number of driveways, entrances, loading and unloading areas, ingress, egress, direction of traffic and walkways;
(c) To close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available;
(d) To use the Common Areas at any time, including, but not limited to, while engaged in making additional improvements, repairs or alterations to the Building, or any portion thereof; and/or
(e) To do and perform such other acts and make such other changes in, to or with respect to the Site, Common Areas and Building including, without limitation, the roof and windows of the Building as Landlord may, in the exercise of Landlord’s reasonable business judgment, deem to be appropriate. Except in the case of emergency, Landlord will use reasonable efforts to perform any work described in this Paragraph 1.3 which might be disruptive only on weekends or during periods after business hours to the extent reasonably practicable (the cost of any and all such work including, without limitation, overtime costs incurred by Landlord in connection therewith may be included in Common Operating Expenses, subject to the limitations set forth in Article 6 below). To the extent that Landlord installs, maintains, uses, repairs or replaces pipes, cables, ductwork, conduits, utility lines, and/or wires through hung ceiling space, exterior perimeter walls and column space, adjacent to and in demising partitions and columns, in or beneath the floor slab or above, below, or through the Premises, then in the course of making any such installation or repair: (x) Landlord will not reduce Tenant’s usable space, except to a de minimus extent, if the same are not installed behind existing walls or ceilings; and (y) Landlord shall box in any of the same installed adjacent to existing walls with construction materials substantially similar to those existing in the affected area(s) of the Premises.
1.4 Tenant acknowledges that certain furniture, fixtures and equipment owned by Landlord may be located within the Premises, and that the Premises currently contains certain data communication cabling within the wall and ceiling. All of such personal property and cabling owned by Landlord shall remain at the Premises and Tenant shall have the right to use all of the same during the, Term. Tenant shall have access to available space in the riser closet and shall be responsible for taking service to the floors occupied by Tenant. Tenant may install additional cabling and conduits at its sole cost and expense subject to Landlord’s reasonable prior approval as provided herein. Upon expiration or earlier termination of the Term, Tenant shall return all of the original personal property to Landlord in good condition and repair, subject to normal wear and tear and casualty. On or about the Early Access Date, Landlord and Tenant shall jointly conduct an inspection of the existing personal property located within the Premises, so as to create an inventory of such personal property and the condition of such personal property, in order to establish “baseline” for determining the appropriate condition of such property upon return to Landlord.
1.5 The rights and obligations of the parties regarding the tenant improvements, alterations or construction of the Premises to be performed at the commencement of the Term are described in the Tenant Work Letter (“Work Letter”) attached to this Lease as Exhibit B. Any inconsistency between the provisions of the Work Letter and the provisions of the balance of this Lease shall be governed by the provisions of the Work Letter.
1.6 References in this Lease to “rentable square feet”, “rentable square footage” and “rentable area” shall have the same meanings, and Tenant hereby acknowledges and agrees that the rentable square footage of the Premises shall be deemed, and is, 45,032 rentable square feet, and the rentable square footage of the Building shall be deemed, and is, 46,752 rentable square feet. Landlord represents that the foregoing square footage determinations were the result of a measurement made of the Building and the Premises in accordance with BOMA Standard (i.e., the American National Standard method of measuring floor area in office buildings of the Building Owners and Managers Association (ANSI Z65.1 -2010)). The parties agree that the 45,032 rentable square foot measurement of the Premises and the 46,752 rentable square foot measurement of the Building shall not be changed, and no adjustment in the Monthly Basic Rent, any monetary or other obligation of Tenant, or any other term of this Lease shall be made by reason of a change in the rentable square footage of the Premises or the Building except in connection with a physical change in the size of the Premises (and, in the event of any such physical change in the size of the Premises, any remeasurement necessitated thereby shall be carried in accordance with the BOMA Standard).
Appears in 2 contracts
Sources: Lease Agreement (Okta, Inc.), Lease Agreement (Okta, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each suite, floor or floors of the Premises has approximately the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The Premises shall exclude Common Areas, including without limitation exterior faces taking of exterior walls, the entry, vestibules and main lobby possession of the BuildingPremises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, elevator lobbies condition and common lavatoriesrepair, except for any “punch list” items to be completed by Landlord in connection with the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of improvements to be constructed by Landlord under the BuildingTenant Work Letter.
Appears in 1 contract
Sources: Office Lease (Bare Escentuals Inc)
The Premises. Landlord Landlord, for and in consideration of the covenants and agreements on the part of Tenant contained in this Lease, does hereby leases to Tenant lease unto Tenant, and Tenant does hereby leases take from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2Landlord, attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the termsconditions hereinafter expressed, covenants and conditions herein set forth, and Tenant covenants as a material part certain portion of the consideration Property referred to as the "Lease Area," as described more particularly in Exhibit “A” attached hereto and incorporated herein, for this Lease to keep the sole and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the exclusive purpose of Exhibits 2.2 is to show conducting due diligence activities, designing, financing, constructing, installing, owning, operating, maintaining, repairing, replacing and removing the approximate location of the Premises in the “Building,” System (as that term is defined in Section 1.1.22 hereof). In addition to the foregoing, Landlord hereby grants Tenant a license to the proposed interconnection point with the regulated electric local distribution company (the "LDC") that provides electric distribution service to the City of Auburn. Tenant shall provide Landlord notice of the LDC's grant of an Interconnection Permit (defined in Section 3.3) when the exact location for installation of cable necessary to support the System is known. Landlord hereby grants to Tenant a non-exclusive easement or easements on, over, across, under and through the Property as necessary to allow Tenant to install and maintain its cables and related equipment as required by the Interconnection Permit and any other utility easements reasonably required in connection with the Permitted Uses (defined below) (the "Easement Areas"). Upon Tenant providing notice to Landlord of the final Easement Areas, onlythe Parties shall execute a separate stand-alone non-exclusive easement or easements reflecting the final Easement Areas and otherwise being satisfactory to Tenant (the "Easements"), at which time the license provided above shall terminate. The Lease Area and the area subject to the license or the subsequent Easement Areas are referred to herein, collectively, as the "Premises." The Parties agree to amend Exhibit “A” upon Landlord's grant of the easements referenced above, which revised Exhibit “A” shall be incorporated into this Lease. With respect to each Easement, (a) the term shall not exceed the Term of this Lease, (b) to the extent permitted by applicable federal, state and local laws, such Exhibit is not meant Easement shall be appurtenant to the Lease Area and shall run with and benefit the Lease Area and inure to the benefit of and be binding upon Landlord and Tenant and their respective successors and assigns, (c) no act or failure to act on the part of Tenant shall be deemed to constitute an agreementabandonment, representation surrender or warranty as termination thereof, except (i) upon recordation by Tenant of a quitclaim deed specifically conveying the Easement back to Landlord or (ii) the termination of this Lease pursuant to its terms, (d) non-use of the Easement shall not prevent the future use of the entire scope thereof, and (e) no use of or improvement to the construction of Lease Area or any lands benefited by the PremisesEasement, the precise area thereof and no assignment or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3sublease hereof or thereof, belowshall, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises except as otherwise expressly set forth in this Lease separately or in the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areasaggregate, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby constitute an overburdening of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the BuildingEasement.
Appears in 1 contract
Sources: Solar Lease Agreement
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit A is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.31,1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The Premises shall exclude Common Areasbe delivered to Tenant with all electrical service, plumbing (including without limitation exterior faces of exterior wallswater and waste plumbing), and HVAC serving and located in the Premises (hereinafter, the entry“Base Building Systems”) in operating condition and working order. In the event Landlord has actual knowledge or receives from Tenant Notice, vestibules prior to the Commencement Date, of a problem with the operating condition or working order of any such Base Building Systems, Landlord will promptly proceed to correct or remediate such condition in such manner as Landlord determines is appropriate to cure such condition. Subject to the foregoing, Landlord shall have no liability to Tenant, and main lobby Tenant shall have no remedy, for a breach of the foregoing covenant, and no such condition shall operate to otherwise delay the Commencement Date or otherwise affect the validity of this Lease. Except as specifically set forth above with respect to the operating condition of the Base Building Systems in the Premises, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Notwithstanding the foregoing, Tenant hereby acknowledges and agrees that (i) the Premises are not new, (ii) that Landlord is providing Tenant with the Tenant Improvement Allowance in order that Tenant may repair and refurbish the Premises, (iii) that other than providing the Tenant Improvement Allowance, and agreeing that the Base Building Systems serving and located in the Premises, as specified above, will be in operating condition and working order, Tenant has agreed to accept the Premises in “AS IS WHERE IS” condition and repair, and (iv) that Tenant, as part of the Tenant Improvement Allowance, or otherwise at its sole cost and expense, shall be responsible for repairing or replacing any damaged or broken ceiling lighting, electrical outlets, ceiling tiles, casework, doors, or other items in the Premises. Notwithstanding the foregoing, Landlord shall be responsible, for a period of six (6) months following the Commencement Date, for providing that any Base Building systems serving the Premises (for example, the HVAC system, or the electrical system, serving the Premises), as well as any structural components of the Building, elevator lobbies are in good working order and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Buildingrepair.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The Premises shall exclude Common Areas, including without limitation exterior faces taking of exterior walls, the entry, vestibules and main lobby possession of the BuildingPremises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, elevator lobbies condition and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Buildingrepair.
Appears in 1 contract
Sources: Office Lease (Tercica Inc)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of Premises for the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryLease Term. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” , as that term is defined in Section 1.1.31.1.2, below, or the elements thereof or of the accessways to the Premises or the “Project,” . Except as that term is defined specifically set forth in Section 1.1.2this Lease and in the Tenant Work Letter (the "Tenant Work Letter"), below. Tenant shall accept the Premises in its presently existing “as-existing, "as is” condition " condition, and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The Premises shall exclude Common Areas, including without limitation exterior faces taking of exterior walls, the entry, vestibules and main lobby possession of the Building, elevator lobbies and common lavatories, Premises by Tenant shall conclusively establish that Tenant has accepted the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or Premises in common with other parts its condition as of the Buildingdate of such occupancy and that the Premises and the Building were at such time in good and sanitary order, condition and repair.
Appears in 1 contract
Sources: Office Lease (INPHI Corp)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises which are to be constructed by Landlord and are set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each floor or floors of the Premises has shall have approximately the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and each of Landlord and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The Premises shall exclude Common Areas, including without limitation exterior faces taking of exterior walls, the entry, vestibules and main lobby possession of the BuildingPremises by Tenant for the conduct of its business shall conclusively establish that the Premises was at such time in good and sanitary order, elevator lobbies condition and common lavatoriesrepair, except as otherwise specifically set forth in this Lease and/or the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the BuildingTenant Work Letter.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit 2.2A attached hereto. The outline of the "Building" and the "Project," as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and each of Tenant and Landlord hereby covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and "Tenant Work Letter"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as otherwise expressly specifically set forth in this Lease or and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to latent defects, the terms and conditions of this Lease and the Tenant Work Letter (including without limitation, Landlord’s obligations with respect to any “Punch List Work,” as that term is defined in the Tenant Work Letter attached hereto Letter, and Landlord’s express maintenance and repair obligations under this Lease). Landlord shall deliver exclusive possession of the Building and Premises to Tenant, including the Building Structure (as Exhibit 5. The Premises shall exclude Common Areasthat term is defined in Section 7.4 below), in good working condition and repair, with the roof and roof membrane watertight, with the existing "Building Systems", as defined in Section 7.1, below, including without limitation exterior faces of exterior wallsHVAC, electrical, lighting, plumbing, ceiling tiles, structural integrity, roof and roof membrane, fire protection system, parking facilities and landscape irrigation (but excluding all laboratory services, process utilities and emergency generator), the entryTenant Improvements and the Common Areas, vestibules in good working condition, and main lobby in compliance with all "Applicable Laws" (as that term is defined in Article 24 below) existing as of the BuildingLease Commencement Date, elevator lobbies and common lavatoriesincluding, without limitation, the common stairways and stairwellsAmericans with Disabilities Act of 1990, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts to the extent required to allow the legal occupancy of the BuildingPremises (the "Delivery Condition"). Notwithstanding the foregoing, Tenant shall accept all laboratory services, process utilities and emergency generator in their presently existing, as-is condition and Tenant shall be solely responsible for all costs related to their conditional use.
Appears in 1 contract
Sources: Lease (Unity Biotechnology, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summaryhereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.2, below. Tenant Notwithstanding the foregoing, Landlord shall accept construct the Building and Premises in its presently existing “as-is” condition and Landlord shall not be obligated accordance with the specifications set forth on Schedule 1 to provide or pay for any improvement work or services related to the improvement of the Premises except Exhibit B. Except as otherwise expressly specifically set forth in this Lease or and in the Tenant Work Letter attached hereto as Exhibit 5B (the "Tenant Work Letter"), Landlord shall tender possession of the Premises and all base Building systems, including, but not limited to, HVAC, plumbing, roof/roof membrane and electrical systems in good working condition and repair and in compliance with all local, state and federal codes including the Americans with Disabilities Act and environmental requirements to the extent necessary to obtain a legal occupancy certificate, or legally required equivalent, as required for occupancy of the Premises under applicable law. Landlord shall warrant base Building systems for the first twelve (12) months of the Lease Term. Landlord shall tender possession of the Premises to Tenant on or before August 1, 2022 (the “Anticipated Delivery Date”). The Premises shall exclude Common Areas, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby actual date that Landlord tenders possession of the BuildingPremises to Tenant in the required condition specified in this Section 1.1 shall be deemed the “Possession Date”. If Landlord does not deliver possession of the Premises to Tenant in the required condition specified in this Section 1.1 (the “Required Condition”) within ninety (90) days after the Anticipated Delivery Date (the “Delivery Deadline”), elevator lobbies then Tenant shall be entitled to one (1) day of abatement of Rent for each day of such delay, starting on the Delivery Deadline and common lavatoriescontinuing until Landlord actually delivers possession of the Premises to Tenant in the Required Condition. If Landlord does not deliver possession of the Premises to Tenant in the Required Condition within one hundred twenty (120) days after the Anticipated Delivery Date (the “Outside Delivery Deadline”), Tenant may elect to cancel this Lease by giving written notice to Landlord within twenty (20) business days after the common stairways Outside Delivery Deadline. If Tenant gives such notice, this Lease shall be cancelled, effective immediately, and stairwellsneither Landlord nor Tenant shall have any further obligation to the other. If Tenant does not give such notice within such specified time period, elevators Tenant’s right to cancel the Lease shall expire and elevator the Lease Term shall commence upon the delivery of possession of the Premises to Tenant. The Delivery Deadline and the Outside Delivery Deadline shall each be extended for any delays in delivery of the Premises caused by Force Majeure (as defined in Section 29.16, below). ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively ▇ also acknowledges that neither Landlord nor any agent of Landlord has made any representation or in common with other parts warranty regarding the condition of the BuildingPremises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of ▇▇▇▇▇▇'s business, except as specifically set forth in this Lease and the Tenant Work Letter.
Appears in 1 contract
Sources: Lease (Myriad Genetics Inc)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summaryhereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall hereby acknowledges that Tenant is presently occupying the Premises pursuant to that certain Lease Agreement, dated as of March 7, 2003, by and between ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Inc., predecessor-in-interest to Landlord, and Tenant (the “Existing Lease”), which Existing Lease is scheduled to expire on January 31, 2010. Therefore, except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Tenant shall, on and after the Lease Commencement Date, continue to accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areas, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the BuildingLetter.
Appears in 1 contract
Sources: Office Lease (Opentv Corp)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each floor or floors of the Premises has the approximate number of rentable square feet as set forth in Section 2.2 Exhibit A; provided, however, it is understood that Exhibit A is based on Tenant’s current conceptual drawings which have not yet been approved by Landlord, and the rentable (and usable) square footage of the SummaryPremises are subject to change. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall, from and after the Lease Commencement Date, conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, except for (i) correction of punch list items pursuant to Exhibit B, (ii) Landlord’s express obligations regarding latent defects during the Latent Defect Period, and (iii) Landlord’s continuing repair obligations, as set forth elsewhere in this Lease. Landlord shall repair latent defects (which include non-compliance with applicable laws, governmental rules, orders, licenses, zoning and building codes in effect as of the Lease Commencement Date, and non-compliance with any commercially reasonable requirements of insurance carriers, rating bureaus or underwriters providing coverage on the Premises as of the Lease Commencement Date) in the Base Building Improvements provided Tenant notifies Landlord of such defects in writing within two (2) years following the Lease Commencement Date (the “Latent Defect Period”) except to the extent such latent defects were caused by, contributed to or made worse by any failure by Tenant to maintain and repair the Premises as required by this Lease, Tenant’s Work or any Alterations made by Tenant, or any other act or omission by Tenant, its agents, contractors or employees. Repairs or changes necessitated by normal wear and tear, casualty, condemnation, changes in applicable law, governmental requirements and/or insurance requirements after the Lease Commencement Date, acts of third parties or events of Force Majeure shall not be deemed “latent defects” for purposes of the foregoing. Except when and where Tenant’s right of access is specifically excluded as the result of: (i) an emergency, (ii) a requirement by law or the Rules and Regulations (as defined in Section 5.2), or (iii) a specific provision set forth in this Lease, Tenant shall have the right of ingress to and egress from the Premises, the Building, and the Project walkways, driveways and parking areas twenty-four (24) hours per day, seven (7) days per week, fifty two (52) weeks per year during the Lease Term, subject to and in compliance with any reasonable access control system established by Landlord for the Building and/or Project. The Premises shall include a designated and marked loading zone area (the “Tenant Loading Zone”), as shown approximately on Exhibit G, with direct and immediate access to a loading door into the Premises for the exclusive use of Tenant. Landlord shall have no right to relocate Tenant’s Premises, including the Tenant Loading Zone, without prior written consent of Tenant, such consent to be given or withheld by Tenant in its sole discretion. Tenant agrees that the portion of the Premises located on the second (2nd) floor of the Building (the “Second Floor”) may be delivered without a fire-rated exit corridor (“Second Floor Exit Corridor”) in place. If at any time Landlord leases any space on the Second Floor to a third party, and provided Tenant fails to lease the applicable space pursuant to the Right of First Refusal or Right of First Offer (as such terms are hereinafter defined), as the case may be, then Landlord, shall, prior to occupancy of such space by the new tenant, construct the Second Floor Exit Corridor, in which event Tenant shall promptly construct such Alterations in and to the Premises as may be needed for the Premises to accommodate the Second Floor Exit Corridor (including, without limitation, adding entry and exit doors and reconfiguring the layout of the Premises if required), at its sole cost and expense (which may be funded out of the then remaining balance of the Tenant Improvement Allowance, if any, subject to the terms, conditions and limitations set forth in Exhibit B). Tenant acknowledges that construction of the Second Floor Exit Corridor will occur during normal business hours and is likely to involve noise, vibrations, dirt, dust, smoke, debris, odors, and other conditions that may interfere with or disrupt Tenant’s business in the Premises, and that such work may also result in temporary interference with access to the Premises, disruption or reduction of utilities, and other conditions that may interfere with or disrupt Tenant’s business in the Premises or may otherwise inconvenience or damage Tenant. Landlord shall have no responsibility for any loss of, or damage or injury to, Tenant’s business in the Premises related to construction of the Second Floor Exit Corridor, and Tenant hereby waives any cause of action, claim, cross-claim, counterclaim, third party claim or any other claim, whether in equity or law, and whether in tort or in contract, and all other rights and remedies, whether or not expressly set forth in this Lease or in the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areas(including, including without limitation exterior faces of exterior wallsbut not limited to, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator any right to ▇▇▇▇▇▇ rents, boiler roomvacate or abandon the Premises and/or cancel or terminate this Lease), sprinkler roomsbased on, elevator roomsarising out of, mechanical roomsor connected with, loading and receiving areaseither directly or indirectly, electric and telephone closetsany term, janitor closetsprovision, and pipesmatter, ductsfact, conduits, wires and appurtenant fixtures and equipment serving exclusively event or in common with other parts occurrence related to Landlord’s construction of the BuildingSecond Floor Exit Corridor, nor shall the same be deemed a constructive or actual eviction of Tenant or a breach of Landlord’s covenant of quiet enjoyment, provided Landlord uses commercially reasonable efforts to minimize interference with Tenant’s operations in the Premises. Upon construction of the Second Floor Exit Corridor (or, if applicable, upon Tenant’s leasing the balance of the Second Floor pursuant to the Right of First Refusal, Right of First Offer or Tenant’s rights under Section 1.4), the Rentable Area of the portion of the Premises located on the Second Floor shall be recalculated accordingly using the procedures set forth in Section 1.1.2.
Appears in 1 contract
Sources: Office Lease (HMS Holdings Corp)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each floor or floors of the Premises has shall have approximately the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions TCCs by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept Except as specifically set forth in this Lease and in the Premises in its presently existing Work Letter Agreement attached hereto as Exhibit B (the “as-is” condition and Work Letter Agreement”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Agreement. The Premises shall exclude Common Areas, including without limitation exterior faces taking of exterior walls, the entry, vestibules and main lobby possession of the BuildingPremises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, elevator lobbies condition and common lavatoriesrepair, subject only to (i) punchlist items provided to Landlord in writing within thirty (30) days following Landlord’s delivery of the common stairways Premises to Tenant, (ii) latent defects to the extent identified and, thereafter, promptly communicated to Landlord, (iii) Landlord’s ongoing obligations set forth in Sections 1.1.3 and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets29.33, and pipesArticles 7 and 24 of this Lease, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts (iv) the terms of the BuildingWork Letter Agreement.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The Premises shall exclude Common Areas, including without limitation exterior faces taking of exterior walls, the entry, vestibules and main lobby possession of the BuildingPremises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, elevator lobbies condition and common lavatoriesrepair, provided that Landlord shall deliver the common stairways Premises with the roof of the Building to be water-tight and stairwellsshall cause the plumbing, elevators and elevator ▇▇▇▇▇electrical systems, boiler roomfire sprinkler system, sprinkler roomslighting, elevator roomsair conditioning, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closetsheating, and pipesall other building systems serving the Premises in good operating condition and repair on or before the Lease Commencement Date. Notwithstanding anything in this Lease to the contrary, ductsin connection with the foregoing Landlord shall, conduitsat Landlord’s sole cost and expense (which shall not be deemed an “Operating Expense,” as that term is defined in Section 4.2.4), wires and appurtenant fixtures and equipment serving exclusively repair or in common with other parts replace any failed or inoperable portion of the BuildingHVAC and other mechanical systems serving the Premises during the first twenty-four (24) months of the initial Lease Term (“Warranty Period”), provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, omissions, and/or negligence of Tenant, its subtenants and/or assignees, if any, or any company which is acquired, sold or merged with Tenant (collectively, “Tenant Damage”), or by any modifications, Alterations or improvements constructed by or on behalf of Tenant. Landlord shall coordinate such work with Tenant and shall utilize commercially reasonable efforts to perform the same in a manner designed to minimize interference with Tenant’s use of the Premises. To the extent repairs which Landlord is required to make pursuant to this Section 1.1.1 are necessitated in part by Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. As of the date hereof, Landlord is intending to perform work to the Building equipment as set forth on Exhibit G at Landlord’s sole cost and expense (and which items shall be repaired at Landlord’s cost during the Warranty Period as set forth above). Landlord anticipates that such work will be completed prior to March 1, 2019.
Appears in 1 contract
Sources: Lease (Aligos Therapeutics, Inc.)
The Premises. Landlord Landlord, for and in consideration of the covenants and agreements on the part of Tenant contained in this Lease, does hereby leases to Tenant lease unto Tenant, and Tenant does hereby leases take from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2Landlord, attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the termsconditions hereinafter expressed, covenants and conditions herein set forth, and Tenant covenants as a material part certain portion of the consideration for this Lease Property referred to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 is to show the approximate location of the Premises in as the “BuildingLease Area,” as that term is more particularly described in Exhibit “A” and preliminarily depicted in Exhibit “A-1”, each attached hereto and incorporated herein, for the sole and exclusive purpose of conducting due diligence activities, designing, financing, constructing, installing, owning, operating, maintaining, repairing, replacing and removing the System (as defined in Section 1.1.22 hereof). In addition to the foregoing, Landlord hereby grants Tenant a license across the Property to the proposed interconnection point with the regulated electric local distribution company (the “LDC”) that provides electric 087683.00002 Litigation 15417950v2 distribution service to the Town. Tenant shall provide Landlord notice of the LDC’s grant of an Interconnection Permit (defined in Section 3.3) when the exact location for installation of cable necessary to support the System is known. Landlord hereby grants to Tenant a non-exclusive easement or easements on, over, across, under and through the Property as necessary to allow Tenant to install and maintain its cables and related equipment as required by the Interconnection Permit and any other utility easements reasonably required in connection with the Permitted Uses (defined below) (the “Easement Areas”). Upon Tenant providing notice to Landlord of the final Easement Areas, onlythe Parties shall execute a separate stand-alone non-exclusive easement or easements reflecting the final Easement Areas and otherwise being satisfactory to Tenant (the “Easements”), at which time the license provided above shall terminate. The Lease Area and the area subject to the license or the subsequent Easement Areas are referred to herein, collectively, as the “Premises.” The Parties agree to amend Exhibit “A” upon Landlord’s grant of the easements referenced above, which revised Exhibit “A” shall replace the initial Exhibit A attached to this Lease as of the Commencement Date and be incorporated into this Lease. With respect to each Easement, (a) the term shall not exceed the Term of this Lease, (b) to the extent permitted by applicable federal, state and local laws, such Exhibit is not meant Easement shall be appurtenant to the Lease Area and shall run with and benefit the Lease Area and inure to the benefit of and be binding upon Landlord and Tenant and their respective successors and assigns, (c) no act or failure to act on the part of Tenant shall be deemed to constitute an agreementabandonment, representation surrender or warranty as termination thereof, except (i) upon recordation by Tenant of a quitclaim deed specifically conveying the Easement back to Landlord or (ii) the termination of this Lease pursuant to its terms, (d) non-use of the Easement shall not prevent the future use of the entire scope thereof, and (e) no use of or improvement to the construction of Lease Area or any lands benefited by the PremisesEasement, the precise area thereof and no assignment or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3sublease hereof or thereof, belowshall, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises except as otherwise expressly set forth in this Lease separately or in the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areasaggregate, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby constitute an overburdening of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the BuildingEasement.
Appears in 1 contract
Sources: Solar Lease Agreement
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises which are to be constructed by Landlord and are set forth in Section 2.2 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performancehereto. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “"Building,” " as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, belowthereof. Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises except as otherwise expressly set forth in this Lease or in the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common AreasPremises, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇▇ agrees to accept the Premises in their currently existing, boiler room“as-is” condition. Neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, sprinkler roomsthe Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, elevator roomsexcept as specifically set forth in this Lease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, mechanical roomscondition and repair. Except when and where ▇▇▇▇▇▇’s right of access is specifically excluded as the result of (i) an emergency, loading (ii) a requirement by law, or (iii) a specific provision set forth in this Lease, Tenant shall have the right of ingress and receiving areasegress to the Premises and the Project parking areas twenty-four (24) hours per day, electric and telephone closetsseven (7) days per week, janitor closetsevery day of the year during the Lease Term. Landlord shall deliver possession of the Premises to Tenant in good, vacant, broom clean condition, with all building systems in good working order, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common compliance with other parts applicable laws to the extent required to allow the legal occupancy of the BuildingPremises. Landlord shall cause the Premises to have Building standard window blinds installed (and if such blinds are not currently in place, installation of the same shall occur within thirty (30) days after the Lease Commencement Date). Except in case of emergency or as otherwise provided in this Lease, Tenant shall have access to the Premises, Building and parking twenty-four (24) hours per day, seven (7) days per week.
Appears in 1 contract
Sources: Office Lease (Aadi Bioscience, Inc.)
The Premises. 1.1 Landlord hereby leases and demises to Tenant and Tenant hereby leases and accepts from Landlord Landlord, for the term and upon the terms and conditions hereinafter set forth, the following described premises set forth (the "Premises"):
(a) Approximately 75,000 square feet of rentable area (calculated in Section 2.2 accordance with the Washington, D.C. Association of Realtors standard method of measurement in effect immediately prior to the Lease Commencement Date), on either, at Tenant's option, (i) the first (1st), second (2nd) and third (3rd) floors ("Premises Option 1") or (ii) the second (2nd), third (3rd) and fourth (4th) floors ("Premises Option 2") of the Summary four-story office building (the “Premises”)"Building") which is to be built and situated on the Land. The outline Tenant shall inform Landlord of the Premises is set forth in Exhibit 2.2Option that Tenant selects on or before March 31, attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 1998. The portion of the Summary. The parties hereto agree that Building leased by Tenant is hereinafter referred to as the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction "Premises."
(b) Upon Tenant's designation of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement a diagram of the Premises except as otherwise expressly set forth in shall be added to this Lease as Exhibit A-1. Landlord shall promptly notify Tenant in writing of the exact rentable area of the space designated by Tenant as the Premises. Such rentable area calculation shall be subject to confirmation prior to the Lease Commencement Date by Tenant's independent architect. In the event the rentable area figure determined by Tenant's architect differs by no more than three percent (3%) (higher or lower) from Landlord's figure, then Landlord's figure shall be controlling. In the event the rentable area figure determined by Tenant's architect differs by more than three percent (3%) (higher or lower) from Landlord's figure, then Landlord and Tenant (in coordination with their respective architects) shall endeavor in good faith to resolve the discrepancy, and in the event they are not able to resolve such discrepancy then Landlord and Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areasjointly appoint an independent architect to resolve such discrepancy and the determination of such independent architect shall be binding on both Landlord and Tenant, including without limitation exterior faces subject to the terms of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Building.Section 1.3
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, 1.1.1-1 attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summaryhereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit 1.1.1-1 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, onlyPremises, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, 1.1.3 below, or the elements thereof or of the accessways access ways to the Premises or the “Project,” ”, as that term is defined in Section 1.1.2, 1.1.2 below. Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Landlord shall deliver the Premises except as otherwise expressly set forth to Tenant with the floor plan (i.e., layout) of the Premises in this Lease or in the Tenant Work Letter substantial conformance with Exhibit 1.1.1-1 attached hereto as Exhibit 5hereto. The Premises shall exclude Common Areas, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇w▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Building.
Appears in 1 contract
Sources: Lease (Organovo Holdings, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the later of the date of Substantial Completion of the Tenant Improvements and the occurrence of the Final Condition Date, as those terms are defined in the Tenant Work Letter, and no action by Tenant shall be required therefor. If for any reason, Landlord is delayed in tendering possession of the Premises to Tenant by any particular date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired. Notwithstanding the foregoing, if the Substantial Completion of the Tenant Improvements does not occur on or before July 1, 2024, then Tenant shall receive a credit equal to one day of Base Rent for each day that occurs after July 1, 2024 and before the Substantial Completion of the Tenant Improvements, which credit shall be applied immediately following the Base Rent Abatement Period; provided however, that Tenant shall not be entitled to such credit to the extent that such delay was caused by: (a) any Tenant BB Delay, (b) an event of Force Majeure, or (iii) a Tenant Delay. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The Premises shall exclude Common Areas, including without limitation exterior faces Subject to the terms and conditions of exterior wallsthis Lease and the Tenant Work Letter, the entry, vestibules and main lobby taking of possession of the BuildingPremises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, elevator lobbies condition and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closetsrepair. Subject to “Applicable Laws,” as that term is defined in Article 24 of this Lease, and pipesthe other provisions of this Lease, ductsand except in the event of an emergency, conduitsTenant shall have access to the Premises twenty-four (24) hours per day, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts seven (7) days per week, every day of the Buildingyear.
Appears in 1 contract
Sources: Lease (Sorrento Therapeutics, Inc.)
The Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to demises and lets unto Tenant and Tenant hereby leases and takes from Landlord the following described premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as ) constituting a material part of the consideration for this Lease to keep Building located on the Property, together with all other rights, privileges, easements and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon appurtenances belonging thereto or granted herein: • The entire rentable space on the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises except as otherwise expressly set forth in this Lease or in the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areas, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby 3rd Floor of the Building, elevator lobbies being the lobby level fronting on Main Street, containing approximately 11,622 square feet of floor area (after deduction of the “Colonial Florist” space described below), more particularly shown and common lavatoriesdescribed on the floor plan of the 3rd Floor initialed and/or signed by the parties hereto, the common stairways and stairwells, elevators and elevator which plan is marked as Exhibit ▇(▇)(▇▇▇ ▇▇▇▇▇) and hereby attached or by reference thereto incorporated in this Lease as though physically attached hereto, boiler roomincluding the ATM area facing Main Street; plus the exterior patio shown on the Plat which runs adjacent to the sides of the Building facing Commerce Street and Ninth Street; LESS AND EXCEPT, sprinkler roomsthe 450 square feet of rentable space on the 3rd Floor identified as the “Colonial Florist” space on the said floor plan. Tenant shall have and hold this portion of the Premises from the Commencement Date (as defined in paragraph 2 below) throughout the Term (as defined in paragraph 2 below). • Any portion of the rentable space on the 2nd Floor of the Building from time to time designated by Tenant, elevator roomsin its sole discretion, mechanical roomscontaining no more than 5,032 square feet of floor area at any given time (the “Re-locatable Space”). The 2nd Floor is more particularly shown and described on the floor plan of the 2nd Floor initialed and/or signed by the parties hereto, loading marked as Exhibit 1(a)(2nd Floor) and receiving areas, electric hereby attached or by reference thereto incorporated in this Lease as though physically attached hereto. The perimeter of the 5,032 square feet of floor area initially designated by Tenant as the Re-locatable Space is marked by crosshatching on said Exhibit 1(a)(2nd Floor). Changes in the designation of such Re-locatable Space shall be effective upon delivery of written notice to Landlord. Tenant shall have and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts hold the Re-locatable Space from the Commencement Date throughout the Term. • The entire remainder of the rentable space on the 2nd Floor of the Building, containing approximately 12,969 square feet of floor area. Tenant shall have and hold this portion of the Premises from the commencement of the 7th Lease Year (as defined in paragraph 2 below) throughout the Term. The square footages for entire Floors (11,622 and 18,001 for the 3rd and 2nd Floors, respectively) referenced in the above description of the Premises are approximate only, and if the actual square footages for rentable space on the 3rd and/or 2nd Floors is greater or less than stated, Tenant shall have and hold the entire actual square footage of rentable space on the 3rd Floor from the Commencement Date throughout the Term, except the “Colonial Florist” space, and the entire actual square footage of rentable space on the 2nd Floor from the commencement of the 7th Lease Year throughout the Term, without any change to the Rent reserved under this Lease. The term “rentable space” as used with respect to the 3rd Floor means all interior space shown on Exhibit 1(a)(3rd Floor), except the Main Street entrance lobby, elevator lobby, and space for the elevators and utility chases, and with respect to the 2nd Floor means all interior space shown on Exhibit 1(a)(2nd Floor), except the elevator lobby, space for the elevators and utility chases, and mechanical room. All areas of interior space shown on the attached exhibits which are excluded from the Premises pursuant to the preceding sentence are part of the Common Areas as such term is defined in paragraph 18 below.
Appears in 1 contract
Sources: Lease Agreement (Bank of the James Financial Group Inc)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummarySummary (which shall not be subject to re-measurement or modification except in connection with a change in the physical size of the Premises). The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “"Building,” " as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"), Tenant shall accept the Premises in its presently existing “as-their existing, "as is” " condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The taking of possession of the Premises by Tenant shall exclude Common Areasconclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, except that, notwithstanding anything to the contrary contained in this Lease or the Work Letter, Landlord shall deliver the Premises to Tenant with the roof in water tight condition and with all Building systems, including without limitation exterior faces of exterior wallslimitation, the entryHVAC, vestibules mechanical, electrical, life safety and main lobby plumbing systems, in good operating condition and repair, and any repairs to such components of the Building, elevator lobbies and common lavatories, Building which are reasonably required during the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts first one hundred twenty (120) days of the BuildingTerm shall be at Landlord's sole cost and expense.
Appears in 1 contract
Sources: Office Lease (Zeltiq Aesthetics Inc)
The Premises. Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord Landlord, for the premises Term and upon the agreements, terms and conditions of this Lease. The Premises is depicted on Exhibit “A,” which is attached hereto and incorporated herein by this reference. The Premises has the address and contains the square footage specified in Article I above; provided, however, that any statement of square footage set forth in Section 2.2 this Lease, or that may have been used in calculating any of the Summary economic terms hereof, is an approximation which Landlord and Tenant agree is reasonable, no economic terms based thereon shall be subject to revision whether or not the actual square footage is more or less. The Premises shall be leased by Tenant in “As Is,” “Where Is” and “With all Faults” condition and without any representation, express or implied warranty of any kind or nature as to the condition, use or occupancy which may be made thereof and without any improvements or alterations by Landlord. Prior to the Commencement Date, Landlord caused a property condition assessment to be performed by a professional commercial property inspector for the Premises (the “PremisesAssessment Report”), which sets forth the results of such assessment and the inspector’s recommended repairs and maintenance to the Premises, if any. The outline A copy of the Assessment Report, which has been accepted by Landlord and Tenant, is attached as Exhibit “B” to this Lease. Landlord and Tenant acknowledge that the Assessment Report serves as conclusive evidence of the condition of the Premises is set forth in Exhibit 2.2, attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryCommencement Date of this Lease. The parties hereto agree that the lease No rights to any view or to light or air over any property, whether belonging to Landlord or any other person, are granted to Tenant by this Lease. If at any time any windows of the Premises are temporarily darkened or the light or view therefrom is upon obstructed, the same shall be without liability to Landlord and subject to the termswithout any reduction or diminution of Tenant’s obligations under this Lease. Tenant hereby waives and disclaims any objection to, covenants and conditions herein set forthcause of action based upon, and Tenant covenants as a material part or claim that its obligations hereunder should be reduced or limited because of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof Building or the specific location Project or the suitability of same for Tenant’s purposes. Furthermore, Tenant expressly warrants and represents that Tenant has relied solely on its own investigation and inspection of the “Common Areas,” as that term is defined in Section 1.1.3Premises, below, or the elements thereof or of Building and the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises Project in its presently existing “as-is” condition decision to enter into this Lease and Landlord shall not be obligated to provide or pay for any improvement work or services related to let the improvement Premises, and the continuing possession of the Premises except as otherwise expressly set forth in this Lease or in by Tenant conclusively establishes that the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areas, including without limitation exterior faces of exterior wallsPremises, the entry, vestibules Building and main lobby the Project were in good and satisfactory condition for the use intended by Tenant as of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the BuildingCommencement Date.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit 2.2A attached hereto. The outline of the "Building" and the "Project," as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and "Tenant Work Letter"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The Premises shall exclude Common Areas, including without limitation exterior faces Subject to the terms and conditions of exterior wallsthis Lease and the Tenant Work Letter, the entry, vestibules and main lobby taking of possession of the BuildingPremises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, elevator lobbies condition and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closetsrepair. Subject to "Applicable Laws," as that term is defined in Article 24 of this Lease, and pipesthe other provisions of this Lease, ductsand except in the event of an emergency, conduitsTenant shall have access to the Premises twenty-four (24) hours per day, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts seven (7) days per week, every day of the Buildingyear.
Appears in 1 contract
Sources: Lease (Sorrento Therapeutics, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “"Building,” " as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and "Tenant Work Letter"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The Premises shall exclude Common Areas, including without limitation exterior faces taking of exterior walls, the entry, vestibules and main lobby possession of the BuildingPremises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, elevator lobbies condition and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Buildingrepair.
Appears in 1 contract
Sources: Office Lease (Corgentech Inc)
The Premises. Landlord is the owner of a leasehold interest (or on the Lease Commencement Date (as defined in Section 2.1) will be the owner of a leasehold interest) in the Premises (as defined in this Section 1.1). Upon and subject to the terms hereinafter set forth in this Lease and subject to the terms of the Restriction Documents (as defined in Section 5.2), Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth Premises, which are generally described in Section 2.2 6 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit 2.2, attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it other improvements to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of constructed on the Premises, all in accordance with the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises except as otherwise expressly set forth in this Lease or in the Tenant Work Letter Agreement attached hereto as Exhibit 5. The Premises shall exclude Common Areas"E" (the "Work Letter Agreement"), including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇▇'s non-exclusive rights to use the Common Areas described below. The Premises and all other improvements that are permanently affixed to the Premises may be collectively referred to herein as the "Improvements." Landlord and ▇▇▇▇▇▇ agree that each party shall have the right, boiler roombut not the obligation, to re-measure the Premises, within thirty (30) days after ▇▇▇▇▇▇ takes possession of the Premises. All measurements of the Premises shall be made from the outside of exterior walls and from the center of the interior demising partitions, including those measurements to establish the length and width of the Premises. Deductions shall not be allowed for columns, sprinkler roomsrisers, elevator roomsroof drains, mechanical roomsvents, loading piping, waste lines, conduit, ventilation shafts and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment related items serving exclusively or the other tenant space. In the event the number of square feet of floor area in common with other parts the Premises as determined by such re-measurement is different from the number of square feet of floor area specified above in Section 6 of the BuildingSummary and based upon a mutually acceptable and finalized floor plan by Landlord and Tenant, Landlord shall, by written notice to Tenant, make a proportionate adjustment of Rent (as defined below) and other charges under this Lease which are calculated based on the actual number of square feet of floor area of the Premises.
Appears in 1 contract
Sources: Air Cargo Center Lease (A-Mark Precious Metals, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of Premises for the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryLease Term. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” , as that term is defined in Section 1.1.31.1.2, below, or the elements thereof or of the accessways to the Premises or the “Project,” . Except as that term is defined specifically set forth in Section 1.1.2this Lease and in the Tenant Work Letter and Landlord’s on-going repair and maintenance obligations set forth in Article 7 of this Lease, below. Tenant shall accept the Premises in its presently existing existing, “as-as is” condition condition, and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The taking of possession of the Premises by Tenant shall exclude Common Areasconclusively establish that Tenant has accepted the Premises in its condition as of the date of such occupancy and that the Premises and the Building were at such time in good and sanitary order, including without limitation exterior faces condition and repair, subject to any punchlist items concerning improvements required by the terms of exterior wallsthis Lease to be made by Landlord for which Landlord receives written notice within thirty (30) days following Landlord’s delivery of the Premises to Tenant. Notwithstanding the foregoing, upon the Lease Commencement Date, the entryBase Building, vestibules as that term is defined in Section 8.2 of this Lease, shall be in water tight and main lobby good working condition and repair, and Landlord hereby covenants that the Base Building shall remain in good working condition for a period of two (2) years following the Lease Commencement Date pursuant to the terms and conditions of this Section 1.1.1. Landlord shall, at Landlord’s sole cost and expense (which shall not be deemed an Operating Expense, as that term is defined in Section 4.2.3), repair or replace any failed or inoperable portion of such Base Building during such two (2) year period (“Landlord’s Two Year Warranty”), provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, omissions, and/or negligence (collectively, “Tenant Damage”) of any Tenant Party, as that term is defined in Section 10.1, below, or by any modifications, Alterations, as that term is defined in Section 8.1 below, or improvements (including the Tenant Improvements, as that term is defined in Section 2.1 of the Tenant Work Letter) constructed by or on behalf of any Tenant Party. Landlord’s Two Year Warranty shall not be deemed to require Landlord to replace any portion of any Base Building, elevator lobbies as opposed to repair such portion of such Base Building, unless prudent commercial property management practices dictate replacement rather than repair of the item in question. To the extent repairs which Landlord is required to make pursuant to this Section 1.1.1 are necessitated in part by Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. If it is determined that the Base Building (or any portion thereof) was not in good working condition and common lavatoriesrepair as of the Lease Commencement Date, Landlord shall not be liable to Tenant for any damages, but as Tenant’s sole remedy, Landlord, at no cost to Tenant, shall promptly commence such work or take such other action as may be necessary to place the common stairways same in good working condition and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closetsrepair, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of shall thereafter diligently pursue the Buildingsame to completion.
Appears in 1 contract
Sources: Sublease Agreement (Snowflake Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises (the “Premises”) which are set forth in Section 2.2 3 of the Summary of Basic Lease Information above (the “PremisesSummary”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto hereto. Landlord and Tenant hereby acknowledge and agree that the rentable square footage of the Premises has the number of rentable square feet shall be deemed to be as set forth in Section 2.2 3 of the SummarySummary and that the same shall not be subject to re-measurement or modification. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.21.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.31.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.21.2, below. Tenant shall accept Except as specifically set forth in this Lease and in the Premises in its presently existing Work Letter attached hereto as Exhibit C, if applicable (the “as-is” condition and Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises or occupancy thereof by Tenant. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business and Tenant shall accept the Premises in its “as is” condition of the Commencement Date, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter, if applicable. The Premises shall exclude Common Areas, including without limitation exterior faces taking of exterior walls, the entry, vestibules and main lobby possession of the BuildingPremises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, elevator lobbies condition and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Buildingrepair.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease and the Tenant Work Letter. The commencement of business operations from the Premises by Tenant shall presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, except for (i) minor “punchlist” matters related to the Premises or Building which are brought to Landlord’s attention within ten (10) days after Tenant commences business operations from the Premises; (ii) latent defects in the construction of the “Tenant Improvements”, as that term is defined in Section 2.1 of the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areashereto, including without limitation exterior faces of exterior walls, which are brought to Landlord’s attention on or before the entry, vestibules and main lobby first (1st) anniversary of the BuildingPhase I Lease Commencement Date or the Phase II Lease Commencement Date, elevator lobbies as applicable; and common lavatories, the common stairways (iii) Landlord’s obligations set forth in Section 5.4 and stairwells, elevators Articles 7 and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts 24 of the Buildingthis Lease.
Appears in 1 contract
Sources: Office Lease (Trulia, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The Premises shall exclude Common Areas, including without limitation exterior faces taking of exterior walls, the entry, vestibules and main lobby possession of the BuildingPremises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, elevator lobbies condition and common lavatoriesrepair. For purposes of Section 1938 of the California Civil Code, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closetsLandlord hereby discloses to Tenant, and pipesTenant hereby acknowledges, ductsthat the Premises have not undergone inspection by a Certified Access Specialist (CASp). Subject to “Applicable Laws,” as that term is defined in Article 24 of this Lease, conduitsand the other provisions of this Lease, wires and appurtenant fixtures and equipment serving exclusively or except in common with other parts the event of an emergency, Tenant shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, every day of the Buildingyear.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto hereto. Landlord and Tenant hereby acknowledge and agree that the RSF of the Premises has the number of rentable square feet is stipulated as set forth in Section 2.2 of the Summary, and that such RSF shall not be subject to remeasurement or modification; provided, however, that Tenant shall have the right to verify the RSF of the Premises in accordance with Section 1.3 below solely for the purpose of confirming that Landlord has constructed the Base Building in accordance with the Base Building Plans (as that term is defined in Section 1.1 of the Tenant Work Letter). The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant the parties each covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” "Buildings" as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease or in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and "Tenant Work Letter"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Buildings or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto Letter. Subject to Applicable Laws, Tenant shall have the right to use, on an exclusive basis and without charge, the roof deck of Building A2 (the "Roof Deck"). Tenant's use of the Roof Deck shall be subject to such reasonable rules and regulations as Exhibit 5may be prescribed in writing by Landlord from time to time and provided by written notice to Tenant. Tenant shall not be permitted to install or place on the Roof Deck any furniture, fixtures, plants, graphics, signs or insignias or other items of any kind whatsoever, without Landlord's prior consent, which consent shall not be unreasonably withheld, conditioned or delayed, and any alterations or improvements shall be constructed by Tenant as Alterations pursuant to Article 8 above, or as Tenant Improvements pursuant to the Tenant Work Letter. The Roof Deck shall be considered part of the Premises shall exclude Common Areasfor all purposes under this Lease. Notwithstanding the foregoing, including without limitation exterior faces of exterior wallsupon the applicable Lease Commencement Date and any applicable First Offer Commencement Date, the entryBuilding Systems, vestibules as that term is defined in Section 7.1 of this Lease, shall be in good working condition and main lobby repair, and Landlord hereby covenants that the Building Systems shall remain in good working condition for a period of twelve (12) months following the applicable Lease Commencement Date and any applicable First Offer Commencement Date pursuant to the terms and conditions of this Section 1.1.1. Landlord shall, at Landlord's sole cost and expense (which shall not be deemed an Operating Expense, as that term is defined in Section 4.2.4), repair or replace any failed or inoperable portion of such Building Systems during such twelve (12) month period ("Landlord's Warranty"), provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, and/or negligence (collectively, "Tenant Damage") of Tenant, its subtenants and/or assignees, if any, or any company which it acquired, sold or merged with Tenant, or any Tenant Parties, as that term is defined in Section 10.1 below, or by any modifications, Alterations, as that term is defined in Section 8.1 below, or improvements (including the Tenant Improvements, as that term is defined in Section 2.1 of the BuildingTenant Work Letter) constructed by or on behalf of Tenant. Landlord's Warranty shall not be deemed to require Landlord to replace any portion of the Building Systems, elevator lobbies as opposed to repair such portion of Building Systems, unless prudent commercial property management practices dictate replacement rather than repair of the item in question. To the extent repairs which Landlord is required to make pursuant to this Section 1.1.1 are necessitated in part by Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. If it is determined that the Building Systems (or any portion thereof) was not in good working condition and common lavatoriesrepair as of the applicable Lease Commencement Date, Landlord shall not be liable to Tenant for any damages, but as Tenant's sole remedy, Landlord, at no cost to Tenant, shall promptly commence such work or take such other action as may be necessary to place the common stairways same in good working condition and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closetsrepair, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of shall thereafter diligently pursue the Buildingsame to completion.
Appears in 1 contract
Sources: Office Lease (Roku, Inc)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2Exhibits ▇-▇, ▇-▇ and A-3 attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant covenants covenant as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it each of them respectively to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 ▇-▇, ▇-▇ and A-3 is to show the approximate location of the Premises in the “Building,” Building (as that term is defined in Section 1.1.2, below, ) only, and such Exhibit exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” Areas (as that term is defined in Section 1.1.3, below, ) or the elements thereof or of the accessways to the Premises or the Project (as defined below). Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Project,” as that term is defined in Section 1.1.2Tenant Work Letter”), below. Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the initial improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto Letter. Subject to Landlord’s reasonable access requirements (such as Exhibit 5. The Premises the access card recognition described at Section 27.4 below), casualty and force majeure, Tenant shall exclude have access to the Premises, Common AreasAreas and Parking Structure at all times during the Lease Term on a 24 hours per day, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Building7 days a week basis.
Appears in 1 contract
Sources: Office Lease (Epicor Software Corp)
The Premises. 1.1 Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord Landlord, the premises set forth Premises designated in Section 2.2 of the Summary and as outlined on the Floor Plan attached hereto as Exhibit "A" in the building at the address designated in the Summary (the “Premises”"BUILDING"), located on the parcel of real property (the "SITE") under the Building, subject to those rules and regulations attached hereto as Exhibit D, and such additional reasonable rules and regulations as Landlord may deliver in writing to Tenant from time to time. The outline Tenant acknowledges that Landlord has made no representation or warranty regarding the condition of the Premises is set forth Premises, Building, or Site except as specifically stated in Exhibit 2.2, attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summarythis Lease. The parties hereto agree that the lease Tenant's leasing of the Premises is upon and subject to the terms, covenants and conditions herein set forth, forth and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such said terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. .
1.2 The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 is to show the approximate location rights and obligations of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to parties regarding the construction of the PremisesPremises are described in Paragraphs 2 and 3 of this Lease, and in the precise area thereof or Work Letter ("WORK LETTER") attached as Exhibit E. Any inconsistency between the specific location provisions of the “Common Areas,” as that term is defined in Section 1.1.3, below, or Work Letter and the elements thereof or provisions of the accessways balance of the Lease shall be governed by the provisions of the Work Letter.
1.3 The Premises as described herein shall include the right of Tenant to use the loading dock. The obligations of Tenant with respect to the Premises or the “Project,” as that term is defined provided in Section 1.1.2, below. Tenant this Lease shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related applicable to the improvement loading dock as well as to the remainder of the Premises.
1.4 References in this Lease to "rentable square feet", "rentable square footage" and "rentable area" shall have the same meanings, and Tenant hereby acknowledges and agrees that the rentable square footage of the Premises except as otherwise expressly set forth shall be deemed, and is, 134,847 rentable square feet excluding the basement parking and storage areas. No adjustment in the Monthly Basic Rent, Tenant's Percentage Share, any monetary or other obligation of Tenant, or any other term of this Lease or shall be made by reason of any discrepancy in the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areas, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Buildingrentable square footage which is later discovered.
Appears in 1 contract
Sources: Sublease (Organic Inc)
The Premises. Landlord hereby leases to Tenant and Tenant ------------ hereby leases from Landlord the premises set forth in Section 2.2 6.3 of the Summary ----------- (the “"Premises”"). The outline of Site Plan, Exterior Elevations and Schematic Plans for the Premises is set forth in are attached as Exhibit 2.2, attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryA hereto. The parties hereto agree that the --------- lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 is to show Plans attached as Exhibit A shall not be --------- changed in any material way without Tenant's consent, which Tenant shall not unreasonably withhold. Exhibit A also shows the approximate location of Building --------- and the Premises in location of the “Building"Common Areas,” " as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, 1.1.3 ------------- below. Tenant shall accept the Premises Except as specifically set forth in its presently existing “as-is” condition and this Lease, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as otherwise expressly specifically set forth in this Lease or in the Tenant Work Letter attached hereto as Exhibit 5Lease. The Premises shall exclude Common Areas, including without limitation exterior faces Upon taking of exterior walls, the entry, vestibules and main lobby possession of the BuildingPremises, elevator lobbies Tenant shall determine whether the Premises at such time are in good and common lavatoriessanitary order, condition and repair. Tenant shall inform Landlord within forty-five (45) days of taking occupancy of its initial "punch list" of items needing repair. Failure to place a defect on the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Building.initial punch list shall not affect Landlord's obligations under Section 1.4
Appears in 1 contract
Sources: Office Lease (Trinet Group Inc)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The Premises shall exclude Common Areas, including without limitation exterior faces Subject to the terms and conditions of exterior wallsthis Lease and the Tenant Work Letter, the entry, vestibules and main lobby taking of possession of the BuildingPremises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, elevator lobbies condition and common lavatoriesrepair. For purposes of Section 1938 of the California Civil Code, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closetsLandlord hereby discloses to Tenant, and pipesTenant hereby acknowledges, ductsthat the Premises have not undergone inspection by a Certified Access Specialist (CASp). Subject to “Applicable Laws,” as that term is defined in Article 24 of this Lease, conduitsand the other provisions of this Lease, wires and appurtenant fixtures and equipment serving exclusively or except in common with other parts the event of an emergency, Tenant shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, every day of the Buildingyear.
Appears in 1 contract
Sources: Lease (Sorrento Therapeutics, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “" XE "Premises”" Premises"). The outline of the Premises is set forth in Exhibit 2.2A attached hereto. The outline of the "Building" and the "Project," as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the " XE "Tenant Work Letter" Tenant Work Letter"), Landlord shall accept tender possession of the Premises to Tenant in its presently existing “as-existing, "as is” condition " condition, and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Landlord shall be deemed to have tendered possession of the Premises except to Tenant upon the date of delivery of the Substantial Completion Certificate to Tenant in connection with the Tenant Improvements, as otherwise expressly set forth in this Lease or those terms are defined in the Tenant Work Letter attached hereto as Exhibit 5(the " XE "Possession Date" "Possession Date"), and no action by Tenant shall be required therefor. The Premises If Landlord fails to cause the Possession Date to occur on or before February 1, 2023 (the “ XE "Outside Date" Outside Date”), then Tenant shall exclude Common Areasbe entitled to rent abatement in the amount of one day of Base Rent for each day after the Outside Date that the Possession Date has not occurred. If Landlord fails to cause the Possession Date to occur on or before April 1, including without limitation exterior faces 2023, (" XE "Final Date" Final Date"), then Tenant, at its option, may terminate this Lease by written notice to Landlord. In the event of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator such termination by ▇▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading all sums paid by Tenant to Landlord under this Lease shall be fully refunded to Tenant and receiving areas, electric neither party shall have any further obligations hereunder. The Outside Date and telephone closets, janitor closetsFinal Date shall each be extended by any Tenant Delay (as defined in the Tenant Work Letter) or delays caused by Force Majeure. Landlord shall not be subject to any liability for such failure, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively the validity of this Lease shall not be impaired. Neither Landlord nor any agent of Landlord has made any representation or in common with other parts warranty regarding the condition of the BuildingPremises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as specifically set forth in this Lease and the Tenant Work Letter. Notwithstanding the foregoing, Landlord shall deliver the Premises to Tenant in good, vacant, broom clean condition, in compliance with Applicable Laws, to the extent required to allow the legal occupancy of the Premises, with the roof water-tight and shall cause the plumbing, electrical systems, fire sprinkler system, lighting, HVAC (hereinafter defined), and all other building systems serving the Premises to be in good operating condition and repair on or before the Lease Commencement Date. Any process utilities shall be provided without warranty, in their currently existing, "as-is" condition.
Appears in 1 contract
Sources: Lease (Tempest Therapeutics, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2A attached hereto, attached hereto and an outline of the Premises has the number of rentable square feet as Project is set forth in Section 2.2 of the SummaryExhibit A-1 attached hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Work Letter attached hereto as Exhibit B (the “Work Letter”), Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Notwithstanding the foregoing, Landlord shall deliver the Premises to Tenant in “broom-clean” condition with any holes patched and any missing ceiling tiles replaced and touch-up paint where necessary. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The commencement of business operations from the Premises by Tenant shall exclude Common Areaspresumptively establish that the Premises and the Building were at such time in good and sanitary order, including without limitation exterior faces of exterior wallscondition and repair, subject to Landlord’s limited warranty and responsibilities related thereto set forth hereinbelow. Notwithstanding the entryforegoing, vestibules and main lobby Landlord hereby represents to Tenant that the roof of the Building, elevator lobbies and common lavatoriesincluding the roof membrane, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts all structural components of the Building, including the foundation, all lighting, ballasts and lighting elements in the Building and all Building Systems (including all HVAC, electrical and plumbing systems) serving the Premises are operational, in good condition and working order, and water tight, as of the Lease Commencement Date and Landlord shall warrant the condition and operation thereof for the first ninety (90) days of the Lease Term. Such warranty shall mean that, in the event that any of the roof, any structural components of the Building or any Building Systems (as defined in Article 7 of this Lease) (including all HVAC, electrical and plumbing systems) serving the Premises shall fail to be operational or in good condition and working order during the first ninety (90) days of the Lease Term, Tenant shall notify Landlord in writing of the failure of this warranty, which notice shall specify the failure with particularity, and Landlord, at its sole cost and expense and not as part of Operating Expenses, Additional Rent or otherwise, shall promptly commence and thereafter repair or otherwise address such failure such that it is remedied within a reasonable time after receipt of Tenant’s notice, given the nature of the failure to be addressed.
Appears in 1 contract
Sources: Office Lease (COUPONS.com Inc)
The Premises. Landlord Landlord, for and in consideration of the covenants and agreements on the part of Tenant contained in this Lease, does hereby leases to Tenant lease unto Tenant, and Tenant does hereby leases take from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2Landlord, attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the termsconditions hereinafter expressed, covenants and conditions herein set forth, and Tenant covenants as a material part certain portion of the consideration for this Lease Property referred to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 is to show the approximate location of the Premises in as the “BuildingLease Area,” as that term is more particularly described in Exhibit “A” and preliminarily depicted in Exhibit “A-1”, each attached hereto and incorporated herein, for the sole and exclusive purpose of conducting due diligence activities, designing, financing, constructing, installing, owning, operating, maintaining, repairing, replacing and removing the System (as defined in Section 1.1.22 hereof). In addition to the foregoing, Landlord hereby grants Tenant a license across the Property to the proposed interconnection point with the regulated electric local distribution company (the “LDC”) that provides electric distribution service to the Town. Tenant shall provide Landlord notice of the LDC’s grant of an Interconnection Permit (defined in Section 3.3) when the exact location for installation of cable necessary to support the System is known. Landlord hereby grants to Tenant a non-exclusive 087683.00002 Litigation 15417950v4 easement or easements on, over, across, under and through the Property as necessary to allow Tenant to install and maintain its cables and related equipment as required by the Interconnection Permit and any other utility easements reasonably required in connection with the Permitted Uses (defined below) (the “Easement Areas”). Upon Tenant providing notice to Landlord of the final Easement Areas, onlythe Parties shall execute a separate stand-alone non-exclusive easement or easements reflecting the final Easement Areas and otherwise being satisfactory to Tenant (the “Easements”), at which time the license provided above shall terminate. The Lease Area and the area subject to the license or the subsequent Easement Areas are referred to herein, collectively, as the “Premises.” The Parties agree to amend Exhibit “A” upon Landlord’s grant of the easements referenced above, which revised Exhibit “A” shall replace the initial Exhibit A attached to this Lease as of the Commencement Date and be incorporated into this Lease. With respect to each Easement, (a) the term shall not exceed the Term of this Lease, (b) to the extent permitted by applicable federal, state and local laws, such Exhibit is not meant Easement shall be appurtenant to the Lease Area and shall run with and benefit the Lease Area and inure to the benefit of and be binding upon Landlord and Tenant and their respective successors and assigns, (c) no act or failure to act on the part of Tenant shall be deemed to constitute an agreementabandonment, representation surrender or warranty as termination thereof, except (i) upon recordation by Tenant of a quitclaim deed specifically conveying the Easement back to Landlord or (ii) the termination of this Lease pursuant to its terms, (d) non-use of the Easement shall not prevent the future use of the entire scope thereof, and (e) no use of or improvement to the construction of Lease Area or any lands benefited by the PremisesEasement, the precise area thereof and no assignment or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3sublease hereof or thereof, belowshall, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises except as otherwise expressly set forth in this Lease separately or in the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areasaggregate, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby constitute an overburdening of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the BuildingEasement.
Appears in 1 contract
Sources: Solar Lease Agreement
The Premises. (A) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for the premises set forth in Section 2.2 term and upon the terms, conditions, covenants and agreements hereinafter provided, the space deemed to be 3,043 square feet, located on the first (1st) floor of the Summary Building (such space being hereinafter referred to as the “Premises”). The outline of the Premises is set forth in are known as Suite 130 and outlined on Exhibit 2.2, A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summarymade a part hereof. The parties hereto agree that the lease of the Premises is upon and subject to includes the termsright, covenants and conditions herein set forth, and Tenant covenants as a material part together with other tenants of the consideration for this Lease to keep Building and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 is to show the approximate location members of the Premises in public, to use the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction unreserved common public areas of the PremisesBuilding, but includes no other rights not specifically set forth herein; it being understood and agreed that Tenant’s right to use the precise area thereof or the specific location common public areas of the “Common Areas,” as that term is defined in Section 1.1.3, below, or Building includes the elements thereof or surface parking areas of the accessways to Building, including two (2) parking spaces designated for Tenant’s use on a reserved basis. Such parking shall be free of charge, but nothing herein shall preclude the Premises or the “Project,” inclusion of any costs and expenses in Operating Expenses (as that term is defined in Section 1.1.2, below. ).
(B) Tenant shall accept the Premises in its presently existing “as-as is” condition on the Lease Commencement Date (as defined below); it being understood that any tenant work or refurbishment work within the Premises for Tenant’s use and occupancy thereof (“Tenant Work”), including the Tenant Work undertaken prior to or in conjunction with the commencement of this Lease (the “Initial Tenant Work”) will be undertaken by Tenant at its cost and expense, subject to the cash allowance to be provided by Landlord as more fully provided below. Upon the full execution and delivery of this Lease by Landlord and Tenant, Tenant, its employees, agents and contractors, may enter upon the Premises at reasonable times for the purpose of installing Landlord-approved tenant work undertaken pursuant to Article 7 below, cabling and systems furniture, and repainting and recarpeting the Premises; provided, however, that such pre-Lease Commencement Date entry by Tenant shall be upon the terms and conditions of this Lease, including Tenant’s indemnification of Landlord pursuant to Paragraph 11(f) below, and excluding only Tenant’s obligation to pay rent; and provided further that any such pre-Lease Commencement Date entry by Tenant will not interfere with or unreasonably delay Landlord in any construction activity within the Building. The parties acknowledge, and the Landlord agrees, subject to receipt and review of finished plans and specifications, that the Tenant may commence and complete the work set forth in Exhibit C that is attached hereto and made a part hereof, but shall not be obligated required to provide or commence such work. Promptly following the Lease Commencement Date and subject to completion of the Initial Tenant Work within the Premises undertaken by Tenant, Landlord shall pay to Tenant, on the following terms and conditions, a cash allowance of up to Twenty-Two Thousand Six Hundred Ninety-Five and 00/100 Dollars ($22,695.00) (the “Cash Allowance”) to reimburse Tenant for the cost and expense incurred by Tenant in performing any improvement such tenant work or services related refurbishment work within the Premises, inclusive of any architectural, engineering and permit fees incurred, and as inducement to enter into this Lease. Tenant shall submit to Landlord a requisition statement, with supporting invoices representing the cost of such tenant work or refurbishment work, together with evidence of payment thereof. Landlord shall have the right to verify all such invoices, and after inspection and approval by Landlord of any such tenant work or refurbishment work, which approval shall not be unreasonably withheld or delayed, Landlord shall pay to Tenant an amount equal to the improvement of approved requisition sum, not to exceed the Premises except as otherwise expressly set forth in this Lease or in the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areas, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the BuildingCash Allowance.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises; provided, however, that on the Delivery Date, Landlord shall cause the roof of the Building and the Building systems serving the Premises (i.e., the HVAC (as defined below), the electrical systems, plumbing and lighting) to be in good working order and condition (and such obligation shall continue during the Lease Term as part of Landlord’s maintenance and repair obligations set forth in Article 7 below); provided further that for a period of sixty (60) days after the Delivery Date (the “Warranty Period”), Landlord shall warrant that the Building systems serving the Premises (i.e., the HVAC, the electrical systems, plumbing and lighting) will be in good working order and condition and if any repair or maintenance to the same are needed during the Warranty Period, Landlord, upon written notice from Tenant, will repair the same at Landlord’s sole cost and expense; provided, however, that if the need for such maintenance or repairs is the result of Tenant’s misuse of such items or as a result of the negligence or willful misconduct of Tenant or any Tenant Parties (as defined below), then the cost of such repairs and maintenance shall be at Tenant’s sole cost and expense. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The Premises shall exclude Common Areas, including without limitation exterior faces taking of exterior walls, the entry, vestibules and main lobby possession of the BuildingPremises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, elevator lobbies condition and common lavatoriesrepair, the common stairways subject to Landlord’s warranty and stairwells, elevators maintenance and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading repair obligations set forth in this Section 1.1.1 and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Buildingunder Article 7 below.
Appears in 1 contract
Sources: Office Lease (ZS Pharma, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “"Building,” " as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.2, below. Tenant acknowledges that Tenant has inspected the Premises and that Tenant shall accept the Premises in its presently existing “existing, "as-is” condition " condition, and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as otherwise expressly specifically set forth in this Lease or Lease. Except as set forth in the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common AreasArticle 7, including without limitation exterior faces of exterior wallsbelow, the entry, vestibules and main lobby taking of possession of the BuildingPremises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, elevator lobbies condition and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Buildingrepair.
Appears in 1 contract
Sources: Office Lease (Cardionet Inc)
The Premises. Upon and subject to the terms hereinafter set forth in this Lease, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 4 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each floor or floors of the Premises has approximately the number of rentable square feet as set forth in Section 2.2 4 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” , as that term is defined in Section 1.1.3, below, or 1.1.3 below and the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, 1.1.2 below. Landlord and Tenant shall acknowledge that Tenant has been occupying the Premises pursuant to the Existing Lease and therefore Tenant continues to accept the Premises in its presently existing existing, “as-as is” condition and condition. Except as specifically set forth in this Lease, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building, the “Adjacent Buildings,” as defined in Section 1.1.2, below, or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in the Tenant Work Letter attached hereto as Exhibit 5. The Premises shall exclude Common Areas, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the BuildingLease.
Appears in 1 contract
Sources: Office Lease and Settlement Agreement (Peregrine Systems Inc)
The Premises. Subject to the terms of this Lease, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth depicted in Exhibit 2.2, B attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit B is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises in its presently existing “as-is” condition as of the Lease Date and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises except as otherwise expressly set forth in this Lease or in the Tenant Work Letter work letter attached hereto as Exhibit 5D. Tenant acknowledges that no representations or warranties as to the condition or repair of the Premises have been made by Landlord, unless such are expressly set forth in this Lease. Before Tenant may occupy the Premises to conduct business therein, Tenant shall, at its expense, obtain and deliver to Landlord a certificate of occupancy from the appropriate governmental authority for the Premises or the portion of the Premises that Tenant intends to occupy if Tenant is legally permitted to obtain a certificate of occupancy for only a portion of the Premises, and further provided that Tenant shall not be permitted to occupy any portion of the Premises for which T▇▇▇▇▇ has not obtained and delivered a certificate of occupancy. The Premises shall exclude Common Areas, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, break area, conference room, exercise area, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Building.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto Letter. Landlord shall deliver the Premises to Tenant fully decommissioned, in good, vacant, broom clean condition, and otherwise in substantially the same condition as of the date of this Lease, in compliance with all laws, with the roof water-tight and shall cause the backup generator, roof and roof membrane, and the plumbing, electrical systems, fire sprinkler system, lighting, heating, ventilation, air conditioning (“HVAC”) and all other building systems serving the Premises to be in good operating condition and repair , and with all required occupancy permits (or equivalent final permit signoffs) relating to the Base Building, and with Tenant Improvements substantially complete and the Premises “Ready For Occupancy” (as defined in Exhibit 5B) on or before the Lease Commencement Date. The Notwithstanding anything in this Lease to the contrary, in connection with the foregoing Landlord shall, at Landlord’s sole cost and expense (which shall not be deemed an “Operating Expense,” as that term is defined in Section 4.2.4), repair or replace any failed or inoperable portion of the HVAC systems serving the Premises to cause the same to be in good working order and repair during the first three (3) years of the initial Lease term (“Warranty Period”), provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, omissions, and/or negligence of Tenant, its subtenants and/or assignees, if any, or any company which is acquired, sold or merged with Tenant (collectively, “Tenant Damage”), or by any modifications, Alterations or improvements (other than the Tenant Improvements) constructed by or on behalf of Tenant. Landlord shall exclude Common Areascoordinate such work with Tenant and shall utilize commercially reasonable efforts to perform the same in a manner designed to minimize interference with Tenant’s use of the Premises. To the extent repairs which Landlord is required to make pursuant to this Section 1.1.1 are necessitated in part by Tenant Damage, including without limitation then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. Landlord will be responsible for causing the exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closetsexisting Building entrances, and pipesall Common Areas (including required striping and handicapped spaces in the parking areas) to be in compliance with Applicable Laws, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts to the extent required to allow the legal occupancy of the BuildingPremises or completion of the Tenant Improvements, except to the extent required by permitting of the Tenant Improvements alone.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2, A attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises Except as specifically set forth in its presently existing “as-is” condition and this Lease Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in the Tenant Work Letter attached hereto as Exhibit 5Lease. The Premises shall exclude Common Areas, including without limitation exterior faces taking of exterior walls, the entry, vestibules and main lobby possession of the BuildingPremises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, elevator lobbies condition and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Buildingrepair.
Appears in 1 contract
Sources: Office Lease (Novacea Inc)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 2.2A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. Exhibit A. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants covenant as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant shall accept Work Letter attached hereto as Exhibit B (the Premises in its presently existing “as-is” condition and Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The commencement of business operations from the Premises by Tenant shall exclude Common Areaspresumptively establish that the Premises and the Building were at such time in good and sanitary order, including without limitation exterior faces condition and repair, subject only to (i) minor “punchlist” matters related to the Building brought to Landlord’s attention within ten (10) days after the Lease Commencement Date, and (ii) Landlord’s ongoing repair and maintenance obligations set forth in Article 7, below. Landlord shall deliver the Premises to Tenant fully decommissioned, in good, vacant, broom clean condition, and otherwise in substantially the same condition as of exterior wallsthe date of this Lease, in compliance with all Applicable Laws (to the extent required to allow the legal occupancy of the Premises or completion of the Tenant Improvements), free of Hazardous Materials (as defined below), free of all other tenancies and other occupancy rights, with the Building’s roof water-tight and shall cause the plumbing, electrical systems, fire sprinkler system, lighting, and all other building systems serving the Premises to be in good operating condition and repair on or before the Lease Commencement Date (the “Delivery Condition”). The date of Landlord’s delivery of the Premises to Tenant in the Delivery Condition is the “Delivery Date”, which date is currently estimated to be May 1, 2020 and Tenant shall have no obligation to accept delivery of the Premises prior to May 1, 2020. Landlord shall use commercially reasonable and diligent efforts to deliver the Premises in the Delivery Condition by May 1, 2020. Notwithstanding anything in this Lease to the contrary, Landlord shall, at Landlord’s sole cost and expense (which shall not be deemed an “Operating Expense,” as that term is defined in Section 4.2.4), repair or replace any failed or inoperable portion of the Building systems serving the Premises during the first twelve (12) months of the initial Lease term (“Warranty Period”), provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, omissions, and/or negligence of Tenant, its subtenants and/or assignees, if any, or any company which is acquired, sold or merged with Tenant (collectively, “Tenant Damage”), or by any modifications, Alterations or improvements constructed by or on behalf of Tenant. Landlord shall coordinate such work with Tenant and shall utilize commercially reasonable efforts to perform the same in a manner designed to minimize interference with Tenant’s use of the Premises. To the extent repairs which Landlord is required to make pursuant to this Section 1.1.1 are necessitated in part by Tenant Damage, then Tenant shall reimburse Landlord for an equitable proportion of the cost of such repair. Landlord will be responsible for causing, at its sole expense, the entry, vestibules and main lobby exterior of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closetsexisting Building entrances, and pipesall Common Areas (including required striping and handicapped spaces in the parking areas) to be in compliance with Applicable Laws, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts to the extent required to allow the legal occupancy of the BuildingPremises or completion of the Tenant Improvements (except to the extent such compliance is triggered specifically by Tenant’s particular Tenant Improvements). Any process utilities shall be provided without warranty, in their currently existing, “as-is” condition.
Appears in 1 contract
Sources: Lease (Maze Therapeutics, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit 2.2A attached hereto. The outline of the "Building" and the "Project," as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the SummaryExhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2 Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “"Common Areas,” " as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “"Project,” " as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"), Landlord shall accept tender possession of the Premises to Tenant in its presently existing “as-existing, "as is” condition " condition, and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the date the Premises is “Ready for Occupancy,” as such term is defined in the Tenant Work Letter (the ""Possession Date"), and no action by Tenant shall be required therefor. If for any reason, Landlord is delayed in tendering possession of the Premises to Tenant by any particular date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired. Neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as otherwise expressly specifically set forth in this Lease or in and the Tenant Work Letter attached hereto as Exhibit 5Letter. The Premises Any process utilities shall exclude Common Areasbe provided without warranty, including without limitation exterior faces of exterior wallsin their currently existing, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Building"as-is" condition.
Appears in 1 contract