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 A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (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. The parties hereto hereby acknowledge that the purpose of 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 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. 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. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
Sources: Office Lease (Blucora, 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 A attached hereto 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 Summary (which shall not be subject to re-measurement or modification)Exhibit 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 required 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 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 their existing, its “as as-is” condition existing on the Delivery Date. subject to Landlord’s limited warranty and responsibilities related thereto as set forth below in this Section 1.1.1 and further subject to Landlord’s obligations set forth in Sections 1.3 and 1.4 below, 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 and Tenant acknowledge and agree that certain voice and data cabling and wiring servicing the Premises is currently installed at the Building. Landlord shall, at its sole cost and expense and at a reasonable time that is mutually agreeable to each of Landlord and Tenant, remove such existing wiring and cabling prior to Tenant’s commencement of construction of the Tenant Improvements in accordance with the terms and conditions set forth in Exhibit B to this Lease. Tenant herby agrees that Landlord may enter upon the Premises following the Delivery Date to perform such removal. 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. Except when Tenant’s right Notwithstanding the foregoing, Landlord hereby represents and warrants to Tenant that as of access is temporarily suspended the Delivery Date (as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 2.1 below), the roof of the Base Building (as defined in Section 8.2 below), including the roof membrane, all structural components of the Base Building, including the structural foundation and all Building Systems (as defined in Article 7 of this Lease) (including all HVAC, electrical and plumbing systems, but expressly excluding all laboratory specific systems and equipment, light bulbs and ballasts) serving the Premises are operational, in good condition and working order, and water tight, and Landlord shall warrant the condition and operation thereof for the first thirty (ii30) days following the application Delivery Date. Such warranty shall mean that, in the event that any of the roof, any structural components of the Base Building or enforcement “Applicable Law,” any Building Systems (as that term is defined in Article 24 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 thirty (iii30) a provision of this Leasedays following the Delivery Date, Tenant shall have notify Landlord in writing of the right failure of ingress and egress to this warranty, which notice shall specify the Premises, the Buildingfailure 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 Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during nature of the Lease Termfailure to be addressed. The foregoing warranty by Landlord shall not limit Landlord’s obligations to maintain and repair the Building and/or any Building Systems as such obligations are expressly set forth in this Lease.
Appears in 1 contract
Sources: Office Lease (NeuroPace 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 A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)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 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 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. 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. Except when Tenant’s right The commencement of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, business operations from by Tenant shall have presumptively establish that the right of ingress Premises and egress the Building were at such time in good and sanitary order, condition and repair, except for minor “punchlist” matters related to the Premises, the Building, and the Project parking areas twenty-four Building brought to Landlord’s attention within ten (24) hours per day, seven (710) days per week on each day during after Tenant commences business operations from the Lease TermPremises.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant ------------ hereby leases from Landlord the premises which are to be constructed by Landlord in accordance with the Tenant Work Letter which premises shall contain the approximate number of square feet set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification"PREMISES"). 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 TCC's 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 Exhibit EXHIBIT A --------- 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 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"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"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 EXHIBIT B (the “Tenant Work Letter”"TENANT WORK --------- LETTER"), Tenant shall accept the Premises in 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except The taking of possession of the Premises when Tenant’s right the Premsies are Ready for Occupancy, by Tenant shall conclusively establish that the Premises is at such time in good and sanitary order, condition and repair, subject only to punchlist items and Landlord's obligations set forth in Article 7 of access is temporarily suspended as this Lease, including, without limitation, Landlord's obligation to maintain in accordance with Section 7.1 the result of (i) an event of “Force Majeure”, "Building Structure" as that term is defined in Section 29.16 7.1 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
Sources: Lease (Diversa 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 A attached hereto hereto. The outline of the "Building" and the Premises has the number of rentable square feet "Project," as set forth those terms are defined in Section 2.2 of 1.1.2 below, are further depicted on the Summary (which shall not be subject to re-measurement or modification)Site Plan attached hereto as Exhibit 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 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 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Tenant hereby acknowledges that Tenant has been in possession of a portion of the Premises consisting of approximately 8,983 rentable square feet of space (the “Sublease Premises”) in accordance with that certain Sublease dated as of April 21, 2016 (the “Sublease”) by and between Tenant and Solazyme, Inc. (“Sublessor”) prior to the Lease Commencement Date and accordingly Landlord shall have no obligation to deliver, and Tenant shall continue to occupy, such portion of the Premises to Tenant. The taking of possession of the remainder 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. Except when and where Tenant’s 's right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined specifically excluded in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress access to the Premises, the Building, and the Project parking areas facility twenty-four (24) hours per day, seven (7) days per week on each day during the "Lease Term," as that term is defined in Section 2.1, below.
Appears in 1 contract
Sources: Lease (Audentes 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 A attached hereto hereto. The outline of the “Building” and the Premises has the number of rentable square feet “Project,” as set forth those terms are defined in Section 2.2 of 1.1.2 below, are also further depicted on the Summary (which shall not be subject to re-measurement or modification). Site Plan attached hereto as 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 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. The parties hereto hereby acknowledge that the purpose of 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 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. 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. Except when Tenant’s right Landlord shall deliver the Premises to Tenant fully decommissioned, in good, vacant, broom clean condition, and otherwise in substantially the same condition as of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 date of this Lease, in compliance with all laws, with the roof water-tight and shall cause the plumbing, electrical systems, fire sprinkler system, lighting, and all 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, in connection with the foregoing Landlord shall, at Landlord’s sole cost and expense (ii) the application or enforcement which shall not be deemed an “Applicable LawOperating Expense,” as that term is defined in Article 24 Section 4.2.4), repair or replace any failed or inoperable portion of this Leasethe HVAC systems, plumbing, electrical systems, fire sprinkler system, lighting, and all other building systems serving the Premises during the first two (2) 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 (iii) 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 provision 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 LeaseSection 1.1.1 are necessitated in part by Tenant Damage, then Tenant shall have reimburse Landlord for an equitable proportion of the right cost of ingress and egress to such repair. Landlord will be responsible for causing the Premises, exterior of the Building, the existing Building entrances, and all exterior Common Areas (including required striping and handicapped spaces in the Project parking areas twenty-four (24areas) hours per dayto be in compliance with Applicable Laws, seven (7) days per week on each day during to the Lease Termextent required to allow the legal occupancy of the Premises or completion of the Tenant Improvements.
Appears in 1 contract
Sources: Lease Agreement (Nkarta, Inc.)
The Premises. Landlord hereby leases to Tenant Tenant, and Tenant hereby leases from Landlord Landlord, the premises set forth in Section 2.2 of the Summary (the “"Premises”"). The outline location of the Premises is set forth in Exhibit A A‑1 attached hereto and the Premises has contains approximately the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)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 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 Exhibit A A‑1 is to show the approximate location of the Premises in the “Building,” "Project", 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 their existing, “as its otherwise 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. Tenant acknowledges that pursuant to the TCCs of Article 21 hereof, Tenant is solely responsible for the Completion of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the size, construction or condition of the Premises, the Building Buildings or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business. Tenant shall be entitled to the exclusive use the following amenities to be constructed by Tenant within the Buildings (the "Amenities"), except as specifically set forth in this Lease and such Amenities shall be a portion of the Premises for all purposes hereunder: the gym, the cafe and the Tenant Work LetterBuildings' exterior common areas as depicted on Exhibit A‑1 attached hereto. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress In addition to the Premises, subject to the BuildingTCCs, and the Project parking areas twenty-four (24) hours per dayCC&Rs and/or any Future CC&Rs, seven (7) days per week commencing on each day during the Lease TermCommencement Date Tenant shall be entitled to the non-exclusive use, together with other tenants and owners within the Project, of the sports courts and bike storage areas located on Lot 8 ("Court and Bike Areas").
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 A A-2 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 (which Summary, and that such RSF shall not be subject to re-measurement remeasurement 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 Exhibit A A- 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. 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 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, except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"). 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
Sources: Office Lease (8x8 Inc /De/)
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 A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)Summary. The outline of the Premises, 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 as Exhibit 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 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,” 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 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. 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. 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, except as specifically condition and repair, subject to Landlord’s ongoing repair and maintenance obligations set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises Phase I Premises and the Phase II Premises set forth in Section 2.2 of the Summary (each, a “Phase” and individually and collectively, the “"Premises”"). The outline of the Premises is set forth in Exhibit 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 (which shall not be subject to re-measurement or modification)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 each covenant as a material part of the consideration for this Lease to keep and perform each and all of such 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 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 their existing, “as its 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. However, notwithstanding the foregoing, Landlord agrees that the Building Systems serving each Phase of the Premises (and in any Must-Take Space) shall be in good working order as of the date Landlord delivers possession of such Phase of the Premises to Tenant. Except to the extent caused by a BS/BS Exception (as defined in Article 7 below) or otherwise arising in connection with any Alterations performed by or on behalf of Tenant, if such Building Systems are not in good working order as of the date possession of the applicable Phase of the Premises is delivered to Tenant, Landlord shall be responsible for repairing the same at Landlord’s sole cost and expense, provided that Tenant has delivered written notice to Landlord (i) with respect to any Building Systems in the Phase I Premises, no later than forty-five (45) days following the Phase I Premises Lease Commencement Date, (ii) with respect to any Building Systems in the Phase II Premises, no later than forty-five (45) days following the Phase II Premises Lease Commencement Date, and (iii) with respect to any Building Systems in any Must-Take Space, no later than forty-five (45) days following the applicable Must-Take Effective Date (the “Systems Warranty”). 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
Sources: Office Lease (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 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 (which shall not be subject to re-measurement or modification)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 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 their existing, “as 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 hereby agrees, at Landlord's sole cost and expense, to complete all work as listed Exhibit B, attached hereto and made a part hereof (the "Landlord Work"). Landlord Work excludes any IT, data and cabling installation in the Premises and any Tenant fixtures, furnishings and equipment. All Landlord Work shall be completed in a good and workmanlike manner to Landlord's "Building standard" condition, using Building standard methods, materials and procedures. Except to the extent caused by the acts or omissions of Tenant or any Tenant Parties (as defined in Section 10.13 below) by any Alterations or improvements performed by or on behalf of Tenant, if the Building Systems located within and/or serving the Premises are not in good working order as of the Lease Commencement Date and Tenant provides Landlord with notice of the same within sixty (60) days following the Lease Commencement Date, Landlord shall be responsible for repairing or restoring the same at Landlord's sole cost and expense (and without reimbursement from Tenant).Tenant shall make no changes or modifications to the Landlord Work without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Any additional improvements constructed in the Premises shall be constructed by Tenant in accordance with the terms and conditions of Article 8 of the Lease. 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 's business, except as specifically set forth fo11h in this Lease Lease. Subject to any repairs required by Landlord under this Section 1.1.1, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”Building were at such time in good and sanitary order, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress condition and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Termrepair.
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 A attached hereto hereto. The outline of the "Building" and the Premises has the number of rentable square feet "Project," as set forth those terms are defined in Section 2.2 of 1.1.2 below, are further depicted on the Summary (which shall not be subject to re-measurement or modification)Site Plan attached hereto as Exhibit 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 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 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter (including, without limitation, Landlord’s obligation to cause the completion of the Landlord Work (as defined in Section 1.1 of the Tenant Work Letter) and correct any deficiencies in the construction of the Landlord Work, as and to the extent set forth in 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, except with respect to deficiencies and latent defects to the extent provided in the Tenant Work Letter. Except when Tenant’s right Upon the date Tenant accepts possession of access is temporarily suspended as the result Premises, the Building Systems shall be in good working condition and repair, and Landlord hereby covenants that the Building Systems shall remain in good working condition for a period of one (i1) year following the date Tenant takes possession under this Lease. Notwithstanding anything in this Lease to the contrary, Landlord shall, at Landlord's sole cost and expense (which shall not be deemed an event of “Force Majeure”, "Operating Expense," as that term is defined in Section 29.16 4.2.4), repair or replace any failed or inoperable portion of the Building Systems during such one (1) year period ("Landlord’s One Year Warranty"), 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. To the extent repairs which Landlord is required to make pursuant to this LeaseSection 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. In addition, to the extent that as of the delivery of the Premises to Tenant (iia) the application Premises are not in compliance with applicable laws (including the Americans With Disabilities Act) to the extent required to allow the legal occupancy of the Premises, Landlord shall remedy any such non-compliance at Landlord's sole cost and expense. If as of the date of delivery of the Premises to Tenant the Premises are found to contain any asbestos containing material or enforcement “Applicable Law,” other "Hazardous Materials" (as that term is defined in Article 24 Section, 5.3.1.1 below) in violation of this Leaseapplicable laws, or (iii) a provision Landlord will remedy such violation of this Leaseapplicable laws at Landlord's sole cost and expense. Following the date the Premises are delivered to Tenant, Tenant shall have the right of ingress and egress access to the Premises, the Building, and the Project parking areas serving the Building twenty-four (24four) hours per day, seven (7) days per week on each week, every day of the year during the Lease Term, subject to all applicable laws, Landlord’s reasonable access control procedures, and the terms of this Lease.
Appears in 1 contract
Sources: Lease (Compugen LTD)
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 A attached hereto and the Premises has approximately the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)Summary. The outline of the Premises, 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 as Exhibit A-1. 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 each of Landlord and Tenant covenant as a material part of the consideration for this Lease to keep and perform each and all of such TCCs by it to be kept and performed by each of them hereunder, and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of 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 neither Exhibit A nor Exhibits A-1 or A-2 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 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. 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. Except when TenantNotwithstanding any provision to the contrary set forth in this Lease, Landlord shall, at Landlord’s right of access is temporarily suspended as sole cost and expense, deliver the result of Premises to Tenant with (ia) an event of all “Force Majeure”, Building Systems” (as that term is defined in Section 29.16 of this Lease7.1.1, below) serving and within the Premises in good working condition, (iib) the application or enforcement “Applicable Law,Building Structure” (as that term is defined in Article 24 Section 7.2.1 below) in good working condition, and (c) the Common Areas in good working condition. 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 immediately preceding sentence, then Landlord shall, at its sole cost and expense, make any repairs and/or replacements necessary to put the Building Systems, Building Structure and/or Common Areas in the condition required by the immediately preceding sentence. To the actual knowledge of Landlord’s Portfolio Manager with respect to the Project, without any duty of investigation or any duty of inquiry, and without any personal liability accruing to such individual or otherwise being ascribed to such individual, Landlord has not, as of the date of this Lease, received from any applicable governmental agency any written notice of violation or violations (iiior claim thereof) a provision relating to Applicable Laws (including, any applicable handicap access codes in effect as of the date of this Lease which were created in order to implement the Americans With Disabilities Act [the “ADA”]), or applicable zoning, ordinances, building codes or CC&R’s with regard to the Premises or the Building existing as of the date of this Lease; provided, Tenant shall have the right of ingress and egress to the Premiseshowever, the Buildingforegoing representation does not apply with respect to any alterations, and the Project parking areas twentyadditions or improvements made (or to be made) by Tenant. 702009.06/WLA -6- Office Lease 110045-four (24) hours per day00136/12-26-12/EG/eg [Accelrys, seven (7) days per week on each day during the Lease Term.Inc.]
Appears in 1 contract
Sources: Office Lease (Accelrys, 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 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 (which shall not be subject to re-measurement or modification)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 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 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 access ways 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 their existing, “as 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. 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 's business, except as and to the extent specifically set forth in this Lease and the Tenant Work Letter. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (CASp). Except when and where Tenant’s right of access is temporarily suspended specifically excluded as the result of (i) an event of “Force Majeure”a requirement by law, as that term is defined in Section 29.16 of this Lease, or (ii) the application or enforcement “Applicable Law,” as that term is defined a specific provision set forth in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to to, and use of, the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day week, three hundred sixty-five (365) days per year during the Lease Term.
Appears in 1 contract
Sources: Office Lease (Kite 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 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 (which shall not be subject to re-measurement or modification)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 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 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 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 1.1.21.1,2, 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 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. 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 's business, except as specifically set forth in this Lease Lease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”Building were at such time in good and sanitary order, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress condition and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Termrepair.
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 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 is as set forth in Section 2.2 of the Summary (which Summary, and that such rentable square footage shall not be subject to re-measurement remeasurement 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 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 their its 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right The taking of access is temporarily suspended as possession of the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Premises by Tenant shall have conclusively establish that the right of ingress and egress to the Premises, the Building, Premises and the Project parking areas twenty-four (24) hours per dayBuilding were at such time in good and sanitary order, seven (7) days per week on each day during the Lease Termcondition and repair.
Appears in 1 contract
Sources: Lease Agreement (Rovi 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 A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)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 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 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 The parties acknowledge that Tenant is currently in this Lease and in occupancy of the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Premises pursuant to an existing sublease. Tenant shall continue to accept the Premises in their existing, “as its 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. 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 's business, except as specifically set forth in this Lease Lease. The continued possession of the Premises by Tenant shall conclusively establish that the Premises and the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”Building were at such time in good and sanitary order, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress condition and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Termrepair.
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 2.1 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has is deemed to have the number of rentable square feet as set forth in Section 2.2 of the Summary (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 (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 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 Exhibit A is to show the approximate location of the Premises in the “BuildingBuildings,” 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 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, the Buildings or the Project. Tenant ▇▇▇▇▇▇ also acknowledges that that, except as set forth in this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building Buildings 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. Except when TenantThe taking of possession of the Project, or any portion thereof, by Tenant shall conclusively establish that the Premises, the Buildings and the Project were at such time in good and sanitary order, condition and repair; provided, however, that the foregoing shall not alter or limit Landlord’s right obligation pursuant to the terms of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 Article 7 of this Lease, (ii) the application or enforcement . Subject to “Applicable LawLaws,” as that term is defined in Article 24 of this Lease24, or (iii) a provision of this Leasebelow, Tenant shall have the right of ingress and egress access to the Premises, the BuildingBuildings and Project, and the Project parking areas twenty-four (24) hours per a day, seven (7) days per week on each day during the Lease Terma week.
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 A attached hereto and the Premises has approximately the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)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 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 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 1.1.3, 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 Agreement attached hereto as Exhibit B (the “Tenant Work LetterLetter Agreement”), Tenant shall accept the Premises in 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. 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 LetterLetter Agreement. Except when Tenant’s right The taking of access is temporarily suspended as possession of the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Premises by Tenant shall have conclusively establish that the right of ingress and egress to the Premises, the Building, Premises and the Project parking areas twenty-four (24) hours per dayBuilding were at such time in good and sanitary order, seven (7) days per week on each day during the Lease Termcondition and repair.
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 A A-1 attached hereto 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 (which shall not be subject to re-measurement or modification)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 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 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 Exhibit A A-1 is to show the approximate location of the Building A Premises in Building A, only, and the “Building,” as that term is defined approximate location of the Building B Premises in Section 1.1.2, belowBuilding B, 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 their existing, its existing “as 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. 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 Buildings 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. Except when Tenant’s right The taking of access possession of any portion of the Premises by Tenant shall conclusively establish that such portion of the Premises and associated elements of the Building in which such portion of the Premises is temporarily suspended situated, were at such time in good and sanitary order, condition and repair (subject, however, to any Base Building Punchlist Items (as that term is defined in Section 1.3 of the result of (i) an event of “Force Majeure”Work Letter). Notwithstanding the foregoing, upon the applicable Lease Commencement Date, each Base Building, as that term is defined in Section 29.16 8.2 of this Lease, shall be in good working condition and repair and in compliance with Applicable Laws, to the extent required to allow the legal occupancy of the Premises for the Permitted Use, and the Base Building Plans (iias defined in, and required by, Section 1.1 of the Work Letter), and Landlord hereby covenants that each Base Building shall remain in good working condition for a period of twelve (12) months following the application or enforcement “Applicable Law,” applicable Final Condition Date applicable to such Building pursuant to the TCCs 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 Article 24 Section 4.2.4), repair or replace any failed or inoperable portion of this Leasesuch Base Building during such twelve (12) month period (“Landlord’s Twelve Month 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 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 (iiiincluding the Improvements, as that term is defined in Section 2.1 of the Work Letter) a provision constructed by or on behalf of Tenant. Landlord’s Twelve Month Warranty shall not be deemed to require Landlord to replace any portion of any Base Building, 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 LeaseSection 1.1.1 are necessitated in part by Tenant Damage and not covered by Landlord’s insurance, then Tenant shall have reimburse Landlord for an equitable proportion of the right cost of ingress such repair. If it is determined that either Base Building (or any portion thereof) was not in good working condition and egress repair as of the applicable Final Condition Date, Landlord shall not be liable to Tenant for any damages, but Landlord, at no cost to Tenant, shall promptly commence such work or take such other action as may be necessary to place the same in good working condition and repair, and shall thereafter diligently pursue the same to completion; and Landlord shall repair any damage to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease TermOriginal Improvements arising in connection with Landlord’s work.
Appears in 1 contract
Sources: Office Lease (Box 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 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 (which shall not be subject to re-measurement or modification)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 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 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 exhibits attached hereto, including the Tenant Work Letter attached hereto as Exhibit B (the “"Tenant Work Letter”"), Tenant shall accept the Premises in their existing, “as 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. 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 's business, except as specifically set forth in this Lease and the exhibits attached hereto, including the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
Sources: Office Lease (Atlassian Corp PLC)
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 A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (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. The parties hereto hereby acknowledge that the purpose of 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 their its 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when and where Tenant’s right of access is temporarily suspended specifically excluded as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Leaseemergency, (ii) the application or enforcement “as required by "Applicable Law,” " as that term is defined in Article 24 of this Lease, or (iii) a provision of this LeaseLandlord's reasonable rules and regulations, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.four
Appears in 1 contract
Sources: Office Lease
The Premises. Landlord hereby leases to Tenant and Tenant ------------ hereby leases from Landlord the premises which are to be constructed by Landlord in accordance with the Tenant Work Letter which premises shall contain the approximate number of square feet set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification"PREMISES"). 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 TCC's 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 Exhibit EXHIBIT A 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 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"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"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 EXHIBIT B (the “Tenant Work Letter”"TENANT WORK LETTER"), Tenant shall accept the Premises in 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except The taking of possession of the Premises when Tenant’s right the Premises are Ready for Occupancy, by Tenant shall conclusively establish that the Premises is at such time in good and sanitary order, condition and repair, subject only to punchlist items and Landlord's obligations set forth in Article 7 of access is temporarily suspended as this Lease, including, without limitation, Landlord's obligation to maintain in accordance with Section 7.1 the result of (i) an event of “Force Majeure”, "Building Structure" as that term is defined in Section 29.16 7.1 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
Sources: Lease (Diversa 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 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 (which shall not be subject to re-measurement or modification)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 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 their existing, its presently existing “as as-is” condition (subject to Landlord’s obligation to maintain the “Building Systems” (defined in Article 7 below) serving the Premises) and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the 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. Except when Tenant’s right The taking of access is temporarily suspended as possession of the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Premises by Tenant shall have conclusively establish that the right of ingress and egress to the Premises, the Building, Premises and the Project parking areas twenty-four (24) hours per dayBuilding were at such time in good and sanitary order, seven (7) days per week on each day during the Lease Termcondition and repair, subject to Landlord’s ongoing maintenance and repair obligations, set forth herein.
Appears in 1 contract
Sources: Office Lease (Airbnb, 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 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 (which shall not be subject to re-measurement or modification)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 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. Except Landlord and Tenant acknowledge that Tenant is currently occupying the Premises pursuant to an existing Sublease Agreement with Oracle USA, Inc.; therefore, except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”)Lease, Tenant shall accept the Premises in 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 PremisesPremises and Tenant shall continue to accept the Premises and the Building in their presently existing, "as-is" condition. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
Sources: Office Lease (Wageworks, 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 A A-1 attached hereto and the Premises has approximately the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)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 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 Exhibit A 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. 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 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. 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. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises premises, set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit 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 (which shall not be subject to re-measurement or modification)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 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”)Lease, Tenant shall accept the Premises in 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. Tenant acknowledges and agrees that Tenant is, as of the date hereof, occupying (among other space in the Building) the Premises covered hereunder pursuant to that certain lease (“Existing Lease”) dated June 19, 1990 by and between Landlord’s predecessor-in-interest, Regents Park Executive Center Joint Venture and Tenant. As such, Tenant acknowledges and agrees that it has had an opportunity to inspect the Premises, the Building and the Project, and finds the same in satisfactory condition and repair. 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 Lease. The taking of possession of the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Premises by Tenant shall have the right of ingress and egress to conclusively establish that the Premises, the Building, Building and the Project parking areas twenty-four (24) hours per daywere at such time in good and sanitary order, seven (7) days per week on each day during the Lease Termcondition and repair.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Pacific Mercantile Bancorp)
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 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 (which shall not be subject to re-measurement or modification)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 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 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 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 1.1.21.1,2, 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 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. 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 's business, except as specifically set forth in this Lease Lease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”Building were at such time in good and sanitary order, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress condition and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Termrepair.
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 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 (which shall not be subject to re-measurement or modification)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 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 their existing, “as 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. 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 ▇▇▇▇▇▇'s business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right as set forth in the Tenant Work Letter, the taking of access is temporarily suspended as possession of the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Premises by Tenant shall have conclusively establish that the right Premises and the Building were at such time in good and sanitary order, condition and repair. For purposes of ingress and egress Section 1938 of the California Civil Code, Landlord hereby discloses to the Premises, the BuildingTenant, and Tenant hereby acknowledges, that the Project parking areas twenty-four Premises have not undergone inspection by a Certified Access Specialist (24) hours per day, seven (7) days per week on each day during the Lease TermCASp).
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 Summary, consisting of the Building F Premises, the Building A Premises, and the Building C Premises (collectively, the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto and each floor or floors of the Premises has or have approximately the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)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 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 Exhibit A is to show the approximate location of the Premises in the “BuildingBuildings,” 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 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. Tenant acknowledges that Tenant is currently in possession of the Premises pursuant to that certain lease by and between Malibu Canyon Office Partners, LLC, predecessor-in-interest to Landlord, and Tenant (formerly known as Ixia Communications, Inc.), dated November 5, 1999, as amended (the “Existing Lease”), and, therefore, the continued possession of the Premises by Tenant on and after the date of this Lease shall presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to the completion of “Landlord’s work,” as that term is defined in Section 1.2 of the Tenant Work Letter. Notwithstanding anything set forth in the Existing Lease to the contrary, upon the Lease Commencement Date the Existing Lease shall terminate in its entirety and shall be of no further force or effect (except with respect to those provisions which specifically survive the expiration or earlier termination of the Existing Lease). 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 Buildings 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. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
Sources: Office Lease (Ixia)
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 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 (which shall not be subject to re-measurement or modification)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 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 their existing, its presently existing “as 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. 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. Except when Tenant’s right The commencement of access is temporarily suspended as business operations from the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Premises by Tenant shall have presumptively establish that the right of ingress Premises and egress the Building were at such time in good and sanitary order, condition and repair, except for minor “punchlist” matters related to the Premises, the Building, and the Project parking areas twenty-four Building brought to Landlord’s attention within ten (24) hours per day, seven (710) days per week on each day during after Tenant commences business operations from the Lease TermPremises.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the initial premises set forth in Section 2.2 of the Summary (the “Initial Premises”) and the expansion premises set forth in Section 2.2 of the Summary (the “Must-Take Space”) (such Initial Premises and Must-Take Space are, collectively, the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has contains approximately the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject Summary. Subject to re-measurement or modification). The the conditions of Section 29.25 of this Lease, 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 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 Exhibit A is to show the approximate location of the Premises in and 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 Agreements attached hereto as Exhibit Exhibits B and B-1 (the “Tenant Work LetterLetter Agreements”), Tenant shall accept the Premises in 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. Tenant also Tena▇▇ ▇▇▇o 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 businessTena▇▇’▇ ▇usiness, except as specifically set forth in this Lease and the Work Letter Agreements. The taking of possession of the Premises by Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as shall conclusively establish that the result of Premises and the Building were at such time in good and sanitary order, condition and repair, subject only to (i) an event punchlist items provided to Landlord in writing within thirty (30) days following Landlord’s delivery of “Force Majeure”, as that term is defined in Section 29.16 of this Leasethe Premises to Tenant, (ii) the application or enforcement “Applicable Law,good working order” requirements of Section 1.2 of the Work Letter Agreement attached to this Lease as that term is defined Exhibit B, and (iii) Landlord’s ongoing obligations set forth in Article 24 7 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
Sources: Office Lease (Dexcom 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 A attached hereto and the Premises (including the Phase I Premises and the Phase II Premises) has the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)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 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 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”"), and subject to Landlord's performance of the work described in Exhibit J attached hereto (the "Landlord Work"), Tenant shall otherwise accept the Premises in their existing, “as its 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right Subject to Landlord's ongoing maintenance and repair obligations expressly set forth in this Lease and Section 1.1.4 below, the commencement of access is temporarily suspended as business operations from the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, applicable Premises by Tenant shall have otherwise conclusively establish that the right of ingress applicable Premises were at such time in good and egress sanitary order, condition and repair, except for minor "punchlist" matters related to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.applicable Premises brought to Landlord's attention by Tenant within ten
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Halozyme 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”"PREMISES"). The outline of the Premises is set forth in Exhibit EXHIBIT A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)Summary. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. 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 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 them, respectively, to be kept and performed under this Lease. The parties hereto hereby acknowledge that the purpose of Exhibit 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 EXHIBIT B (the “Tenant Work Letter”"TENANT WORK LETTER"), Tenant shall accept the Premises in 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
Sources: Office Lease (Navarre Corp /Mn/)
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 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 (which shall not be subject to re-measurement or modification)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 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 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 their existing, “as its 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right as specifically set forth in this Lease and in the Work Letter attached hereto as Exhibit B, the taking of access is temporarily suspended as possession of the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Premises by Tenant shall have conclusively establish that the right of ingress and egress to the Premises, the Building, Premises and the Project parking areas twenty-four (24) hours per dayBuilding were at such time in good and sanitary order, seven (7) days per week on each day during the Lease Termcondition and repair.
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 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 (which shall not be subject to re-measurement or modification)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 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 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 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. 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. Except when Tenant’s right The taking of access is temporarily suspended as possession of the result of 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) an event of “Force Majeure”, as that term is defined Landlord’s obligations set forth in Section 29.16 Article 7 of this Lease, (ii) Lease with respect to the application or enforcement condition and repair of the “Applicable LawBuilding Structure,” as that term is defined in Article 24 7 of this Lease, or (ii) Landlord’s obligations set forth in Article 24 of this Lease with regard to compliance with “Applicable Laws,” as that term is defined in such Article 24, and (iii) a provision Landlord’s obligations set forth in Section 29.33 of this Lease with respect to “Hazardous Materials,” as that term is defined in such Section 29.33 of this Lease; provided, however, that Landlord hereby covenants that upon delivery of the Premises to Tenant, (A) the Building Structure and “Building Systems” (as that term is defined in Section 6.2 below) shall at such time be in good and sanitary order, condition and repair, and (B) the Premises and parking areas servicing the Building (including, without limitation, the path of travel between the Building and such parking areas, other than with respect to the path of travel between the Building and the parking spaces located to the south-west of the building located at ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇), and exit lighting within the Building and egress lighting at all exit doors leaving the Building, shall be in compliance with all applicable building codes and Applicable Laws (including but not limited to Title 24, seismic, fire and life safety, structural support of existing MEP items and ceilings, and exit lighting requirements,) in effect at the time of Landlord’s delivery of the Premises to the Tenant, and Landlord shall be solely responsible for all costs and expenses (i.e., and not as part of Operating Expenses) incurred in order to cure any deficiencies vis-à-vis such covenants and bring such Premises into compliance with the foregoing codes. To the actual knowledge of ▇▇▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (Landlord’s Portfolio Manager with respect to the Project), without any duty of investigation or any duty of inquiry, Landlord has not, as of the date of this Lease, Tenant shall have received from any applicable governmental agency any written notice of violation or violations (or claim thereof) relating to Applicable Laws, or applicable zoning, ordinances, building codes or CC&Rs with regard to the right Premises or the Building existing as of ingress and egress the date of this Lease; provided, however, the foregoing representation does not apply with respect to any alterations, additions or improvements made (or to be made) by Tenant. If, within the first twelve (12) months following ▇▇▇▇▇▇’s occupancy of the Premises, it is discovered that any of the Building, and Building Systems do not have an estimated remaining useful life of at least the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during duration of the Lease Term, Landlord shall, at its sole cost and expense, make any repairs and/or replacements necessary to put the Building Systems in the condition required by the immediately preceding two (2) sentences.
Appears in 1 contract
Sources: Office Lease (Roka BioScience, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the initial premises set forth in Section 2.2 of the Summary (the “Initial Premises”) and the expansion premises set forth in Section 2.2 of the Summary (the “Must-Take Space”) (such Initial Premises and Must-Take Space are, collectively, the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has contains approximately the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject Summary. Subject to re-measurement or modification). The the conditions of Section 29.25 of this Lease, 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 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 Exhibit A is to show the approximate location of the Premises in and 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 Agreements attached hereto as Exhibit Exhibits B and B-1 (the “Tenant Work LetterLetter Agreements”), Tenant shall accept the Premises in 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. 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 Work Letter Agreements. The taking of possession of the Premises by Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as shall conclusively establish that the result of Premises and the Building were at such time in good and sanitary order, condition and repair, subject only to (i) an event punchlist items provided to Landlord in writing within thirty (30) days following Landlord’s delivery of “Force Majeure”, as that term is defined in Section 29.16 of this Leasethe Premises to Tenant, (ii) the application or enforcement “Applicable Law,good working order” requirements of Section 1.2 of the Work Letter Agreement attached to this Lease as that term is defined Exhibit B, and (iii) Landlord’s ongoing obligations set forth in Article 24 7 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
Sources: Office Lease (Dexcom 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 A attached hereto and each floor or floors of the Premises has the number of rentable ofrentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)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 paii 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 patiies hereto hereby acknowledge that the purpose of 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 their existing, “as 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right The commencement of access is temporarily suspended as business operations from the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Premises by Tenant shall have presumptively establish that the right of ingress and egress to the Premises, the Building, Premises and the Project parking areas twenty-four (24) hours per dayBuilding were at such time in good and sanitary order, seven (7) days per week on each day during the Lease Termcondition and repair.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section Sections 2.2 and 2.3 of the Summary (the “Premises”), which premises are referred to individually as the “Initial Premises” and the “Additional Premises” respectively. The outline of the Premises is set forth in Exhibit A and Exhibit A-1 attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)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 Exhibit Exhibits A and 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. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), hereby acknowledges that Tenant shall accept the Premises (including both the Initial Premises and the Additional Premises) in their its existing, “as as-is” condition as of the dates of Landlord’s delivery thereof, and that Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises; provided that Landlord shall deliver the Premises in a clean and sanitary condition, with all building systems operating and in good working order. 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 Lease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”Building were at such time in good and sanitary order, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress condition and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Termrepair.
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 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 (which Summary, and that such RSF shall not be subject to re-measurement remeasurement 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 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 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 or in the Tenant Work Letter attached hereto as Exhibit B (the “"Tenant Work Letter”"), Tenant shall accept the Premises in 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as Notwithstanding the result of (i) an event of “Force Majeure”foregoing, upon the Lease Commencement Date and any applicable First Offer Commencement Date, the Building Systems, as that term is defined in Section 29.16 7.1 of this Lease, shall be in good working condition and repair, and Landlord hereby covenants that the Building Systems shall remain in good working condition for a period of twelve (ii12) months following the application or enforcement “Applicable Law,” 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 Article 24 Section 4.2.4), repair or replace any failed or inoperable portion of this Leasesuch 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 (iiiincluding the Tenant Improvements, as that term is defined in Section 2.1 of the Tenant Work Letter) a provision 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, 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 LeaseSection 1.1.1 are necessitated in part by Tenant Damage, then Tenant shall have reimburse Landlord for an equitable proportion of the right cost of ingress such repair. If it is determined that the Building Systems (or any portion thereof) was not in good working condition and egress repair 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 Premises, the Buildingsame in good working condition and repair, and shall thereafter diligently pursue the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Termsame to completion.
Appears in 1 contract
Sources: Office Lease (Roku, Inc)
The Premises. (a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “"Premises”" and sometimes also herein referred to as the "Building"). The outline of the Premises Project is set forth in Exhibit 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 as set forth in Section 2.2 of the Summary (which and that the same shall not be subject to re-measurement remeasurement 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 each party 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. The parties hereto hereby acknowledge that the purpose of 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 "Exterior 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. .
(b) 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 their existing, “as is” condition and (i) Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. , and (ii) 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 Premises or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s 's business, except that, on the Lease Commencement Date, the Base Building (as specifically defined below) shall be in good condition and repair (except to the extent repairs are necessitated by the acts or omissions of Tenant or any Tenant Parties, as defined in Section 10.1.2 below). If it is determined that the Base Building (or any portion thereof) were not in good condition and repair as of the Lease Commencement Date (for reasons other than the acts or omissions of Tenant or any Tenant Parties), Landlord shall not be liable to Tenant for any damages, but as Tenant's sole remedy, Landlord, at no cost to Tenant, shall perform such work or take such other action as may be necessary to place the same in good condition and repair; provided, however, that if Tenant does not give Landlord written notice of any deficiency in the Base Building within ninety (90) days following the Lease Commencement Date, correction of such deficiency shall be the obligation of Landlord or Tenant, as the case may be, pursuant to the terms and conditions set forth in this Lease Article 7 below. Subject to the foregoing, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises were at such time in good and the Tenant Work Lettersanitary order, condition and repair. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined As used in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease"Base Building" means the base building systems, or (iii) a provision of this Lease, Tenant shall have the right of ingress components and egress to equipment serving the Premises, including, but not limited to, the HVAC, electrical and plumbing systems, the structural integrity of the Building, including the roof structure, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Termroof membrane.
Appears in 1 contract
Sources: Office Lease (Netgear, Inc)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 2.4 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A A-3 attached hereto and the Premises has approximately the number of rentable square feet as set forth in Section 2.2 2.4 of the Summary (which shall not be subject to re-measurement or modification)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 and Landlord covenant as a material part of the consideration for this Lease to keep and perform each and all of such 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 Exhibit A A-1, Exhibit A-2, and Exhibit A-3 is to show the approximate location of the Office Center, the Building, and the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is Exhibits are 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 their existing, its existing “as 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. Tenant T▇▇▇▇▇ 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 TenantT▇▇▇▇▇’s business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right Notwithstanding the foregoing, Landlord shall deliver the Premises to Tenant (the date of access is temporarily suspended delivery being referred to herein as the result “Delivery Date”) with the mechanical, electrical and plumbing systems in good working order, condition and repair on the Lease Commencement Date. 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) an event a list of “Force Majeure”punch list items provided to Landlord in writing within thirty (30) days following the Delivery Date, (ii) latent defects as that term is defined well as defects in Section 29.16 the mechanical, electrical and plumbing systems brought to Landlord’s attention in writing within six (6) months following Delivery Date, (iii) Landlord’s obligations set forth in Article 7 of this Lease, (iiiv) the application or enforcement Landlord’s obligations set forth in Article 24 of this Lease with regard to compliance with Applicable Laws, and (v) Landlord’s obligations set forth in Section 29.34 of this Lease with respect to “Applicable LawHazardous Materials,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Termsuch Section 29.34.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises Premises, as set forth and defined in Section 2.2 of the Summary (the “Premises”)Summary. The outline outlines of each Phase of the Premises is set forth in Exhibit A attached hereto and the Premises and each respective Phase of the Premises has approximately the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)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 TCCs by Tenant 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 Exhibit A is to show the approximate location of each Phase 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 their existing, “as its 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
Sources: Office Lease (Nektar Therapeutics)
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”"PREMISES"). The outline of the Premises is set forth in Exhibit EXHIBIT A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (collectively, 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 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 Exhibit EXHIBIT A 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"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"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 EXHIBIT B (the “Tenant Work Letter”"TENANT WORK LETTER"), Tenant shall accept the Premises in 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right Subject to the completion of access is temporarily suspended as the result of (i) an event of “Force Majeure”, "Landlord's Work," as that term is defined set forth in Section 29.16 1.1 of this Leasethe Tenant Work Letter, pursuant to the TCCs (iiincluding the correction of any deficiencies thereof) of such Tenant Work Letter, the application or enforcement “Applicable Law,” as that term is defined in Article 24 taking of this Lease, or (iii) a provision possession of this Lease, the Premises by Tenant shall have conclusively establish that the right of ingress and egress to the Premises, the Building, Premises and the Project parking areas twenty-four (24) hours per dayBuilding were at such time in good and sanitary order, seven (7) days per week on each day during the Lease Termcondition and repair.
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 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 (which shall not be subject to re-measurement or modification)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 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 “ProjectProperty,” 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 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. 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 Property 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. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
Sources: Sublease (Reddit, 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 A attached hereto hereto. The outline of the "Building" and the Premises has the number of rentable square feet "Project," as set forth those terms are defined in Section 2.2 of 1.1.2 below, are further depicted on the Summary (which shall not be subject to re-measurement or modification)Site Plan attached hereto as Exhibit 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 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 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work LetterLease. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”Any process utilities shall be provided without warranty, as that term is defined in Section 29.16 of this Leasetheir currently existing, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty"as-four (24) hours per day, seven (7) days per week on each day during the Lease Termis" condition.
Appears in 1 contract
Sources: Lease (Vaxart, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 2.4 of the Summary (the “"Premises”"). The outline of the Premises is set forth in Exhibit A A-3 attached hereto and the Premises has approximately the number of rentable square feet as set forth in Section 2.2 2.4 of the Summary (which shall not be subject to re-measurement or modification)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 and Landlord covenant as a material part of the consideration for this Lease to keep and perform each and all of such 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 Exhibit A ▇-▇, ▇▇▇▇▇▇▇ ▇-▇, and Exhibit A-3 is to show the approximate location of the Office Center, the Building, and the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is Exhibits are 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 their existing, “as its 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right Notwithstanding the foregoing, Landlord shall deliver the Premises to Tenant (the date of access is temporarily suspended delivery being referred to herein as the result "Delivery Date") with the mechanical, electrical and plumbing systems in good working order, condition and repair on the Lease Commencement Date. 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) an event a list of “Force Majeure”punch list items provided to Landlord in writing within thirty (30) days following the Delivery Date, (ii) latent defects as well as defects in the mechanical, electrical and plumbing systems brought to Landlord's attention in writing within six (6) months following Delivery Date, (iii) Landlord's obligations set forth in Article 7 of this Lease, (iv) Landlord's obligations set forth in Article 24 of this Lease with regard to compliance with Applicable Laws, and (v) Landlord's obligations set forth in Section 29.34 of this Lease with respect to "Hazardous Materials," as that term is defined in such Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term29.34.
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 A attached hereto and Landlord and Tenant hereby stipulate that, for purposes of this Lease, the “rentable square feet” of the Premises has the number of rentable square feet shall be deemed as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)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 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 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 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”)Lease, Tenant shall accept the Premises in 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. 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 Lease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”Building were at such time in good and sanitary order, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress condition and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Termrepair.
Appears in 1 contract
Sources: Office Lease (Aries Ventures 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 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 (which shall not be subject to re-measurement or modification)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 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 their existing, its presently existing “as 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. 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. Except when Notwithstanding anything in this Lease to the contrary, Landlord shall deliver possession of the Premises to Tenant in good, vacant, broom clean condition, with all Building Systems serving the Premises in good working order, and otherwise in substantially the same condition as of the date hereof, except with all the Tenant Improvements constructed in accordance with the Tenant Work Letter. If it is determined that any portion of the Building Systems serving the Premises were not in good working order on the delivery date, then Landlord shall not be liable to Tenant for any damages, but as Tenant’s right of access is temporarily suspended sole remedy, Landlord, at no cost to Tenant (and not as an Operating Expense), shall promptly commence such work or take such other action as may be necessary to place the result of (i) an event of “Force Majeure”, as that term is defined same in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Buildinggood working order, and shall thereafter diligently pursue the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Termsame to completion.
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 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 (which shall not be subject to re-measurement or modification)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 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 their existing, “as 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. Tenant also acknowledges that that, except as expressly stated in this Lease and in the Tenant Work Letter, 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except as otherwise provided in 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. Except when and where Tenant’s right of access is temporarily suspended specifically excluded as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Leaseemergency, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Leasea requirement by law, or (iii) a specific provision of set forth in this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, Premises and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each week, every day of the year during the Lease Term. Notwithstanding the foregoing, Tenant hereby acknowledges that access to the Building, the Building parking facility and Common Areas may be restricted on New Year's Eve and New Year's Day due to the annual Rose Bowl Parade; provided, however, that Tenant shall continue to have access to the Premises at all times and Landlord shall use commercially reasonable efforts, to the extent within Landlord’s reasonable control, to provide Tenant with access to the Building parking facility notwithstanding the fact that such restrictions may be in place.
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 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 (which shall not be subject to re-measurement or modification)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 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 their existing, “as 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. Tenant T▇▇▇▇▇ 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 T▇▇▇▇▇'s business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right The taking of access is temporarily suspended as possession of the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Premises by Tenant shall have conclusively establish that the right Premises and the Building were at such time in satisfactory and sanitary order, condition and repair. However, notwithstanding the foregoing, L▇▇▇▇▇▇▇ agrees that the Building electrical, mechanical, elevator, heating, ventilation and air conditioning and plumbing systems located in or serving the Premises shall be in good working order as of ingress and egress the Lease Commencement Date. Except to the Premisesextent caused by the negligent acts or omissions of Tenant or any of its agents, contractors, employees, licensees or invitees or by any alterations or improvements performed by or on behalf of Tenant (other than the BuildingTenant Improvements), if such systems are not in good working order as of the Lease Commencement Date and Tenant provides Landlord with notice of the same within three hundred sixty-five (365) days following the Lease Commencement Date, Landlord shall be responsible for repairing or restoring the same at Landlord’s sole cost. As of the date hereof, L▇▇▇▇▇▇▇ has not received written notice from any governmental agencies, and Landlord has no knowledge, that the Project parking areas twenty-four (24) hours per dayPremises is in violation of laws, seven (7) days per week on each day during including Title III of the Lease TermAmericans with Disabilities Act.
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 A attached hereto 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 Summary (which shall not be subject to re-measurement or modification)Exhibit 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 Exhibit A is to show the approximate location and configuration 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 their existing, its then-existing “as 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. 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. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
Sources: Office Lease (Audience 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 A attached hereto and the Premises has contain approximately the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)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 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. 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 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 and Tenant shall accept the Premises in its "AS-IS" condition on the applicable date of delivery, provided the Premises is in substantially its condition as of the date of this Lease (i.e. there has been no material damage or destruction to the 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when 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 condition and repair, subject to latent defects. Notwithstanding the foregoing, on the date of delivery of any portion of the Premises to Tenant’s right , Landlord shall deliver such portion of access is temporarily suspended the Premises in broom clean condition, free of all personal property and debris, and with the Base Building (as defined below) and the result of (i) an event of “Force Majeure”, as that term is defined existing Building systems and equipment in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, good working condition and Tenant shall have a review period of sixty (60) days from such delivery date (the right "Review Period") to confirm such condition. In the event that Tenant notifies Landlord during the Review Period, in writing, of ingress and egress any of the foregoing items that are not in good working condition, Landlord shall use commercially reasonable efforts to cause such items to be promptly repaired to the Premisesextent that any deficiencies to such systems are not caused by the acts or omissions of Tenant or any of Tenant's Representatives (as defined below), or any Alterations performed by or on behalf of Tenant. If Tenant fails to timely deliver to Landlord such written notice of Building systems or equipment not in good working condition within the BuildingReview Period, and the Project parking areas twenty-four (24) hours per dayLandlord shall have no obligation to perform any such work thereafter, seven (7) days per week on each day during the Lease Termexcept as otherwise expressly provided in this Lease.
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 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 is as set forth in Section 2.2 of the Summary (which Summary, and that such rentable square footage shall not be subject to re-measurement remeasurement 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 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 their 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right The taking of access is temporarily suspended as possession of the result of 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) an event to Landlord's obligation to complete any punch list items in accordance with Section 1.1 of “Force Majeure”the Tenant Work Letter, and (ii) Landlord's obligations set forth in Article 7 of this Lease with respect to the maintenance and repair of the Base Building (as that term is defined in Section 29.16 8.2 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term).
Appears in 1 contract
Sources: Office Lease (Healthequity, 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 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 (which Summary. Landlord and Tenant hereby stipulate and agree that the rentable area of the Premises is as set forth in Section 2.2 of the Summary, and such square footage shall not be subject to re-measurement remeasurement 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 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 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. Tenant T▇▇▇▇▇ 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 TenantT▇▇▇▇▇’s business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when 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 Tenant’s right of punchlist items. Subject to Landlord’s reasonable access is temporarily suspended as control systems and procedures, the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable LawRules and Regulations,” as that term is defined in Article 24 Section 5.2, below, and the terms of this Lease, or (iii) a provision of this Lease, Landlord shall allow Tenant shall have the right of ingress and egress access to the Premises, the Building, and the Project parking areas Premises twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Termweek.
Appears in 1 contract
Sources: Office Lease (LoopNet, 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 A attached hereto hereto, and the Premises has contains approximately the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be Summary, subject to re-measurement or modification)the provisions of Section 1.2 below. 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 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 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, and Tenant shall accept possession of the Premises in an “as-is” condition. 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. Except when 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. Nothing contained in this Section 1.1.1 shall affect Tenant’s right rights under any warranties or guaranties assigned to Tenant pursuant to Section 4 of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease TermWork Letter.
Appears in 1 contract
Sources: Office Lease (Cotherix 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 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 (which shall not be subject to re-measurement or modification)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 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 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 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. 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. Except when Tenant’s right The taking of access is temporarily suspended as possession of the result of 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) an event of “Force Majeure”, as that term is defined Landlord’s obligations set forth in Section 29.16 Article 7 of this Lease, (ii) Lease with respect to the application or enforcement condition and repair of the “Applicable LawBuilding Structure,” as that term is defined in Article 24 7 of this Lease, or (ii) Landlord’s obligations set forth in Article 24 of this Lease with regard to compliance with “Applicable Laws,” as that term is defined in such Article 24, and (iii) a provision Landlord’s obligations set forth in Section 29.33 of this Lease with respect to “Hazardous Materials,” as that term is defined in such Section 29.33 of this Lease; provided, however, that Landlord hereby covenants that upon delivery of the Premises to Tenant, (A) the Building Structure and “Building Systems” (as that term is defined in Section 6.2 below) shall at such time be in good and sanitary order, condition and repair, and (B) the Premises and parking areas servicing the Building (including, without limitation, the path of travel between the Building and such parking areas, other than with respect to the path of travel between the Building and the parking spaces located to the south-west of the building located at ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇), and exit lighting within the Building and egress lighting at all exit doors leaving the Building, shall be in compliance with all applicable building codes and Applicable Laws (including but not limited to Title 24, seismic, fire and life safety, structural support of existing MEP items and ceilings, and exit lighting requirements,) in effect at the time of Landlord’s delivery of the Premises to the Tenant, and Landlord shall be solely responsible for all costs and expenses (i.e., and not as part of Operating Expenses) incurred in order to cure any deficiencies vis-à-vis such covenants and bring such Premises into compliance with the foregoing codes. To the actual knowledge of Mrs. ▇▇▇▇▇▇▇▇ Bristol (▇▇▇▇▇▇▇▇’s Portfolio Manager with respect to the Project), without any duty of investigation or any duty of inquiry, Landlord has not, as of the date of this Lease, Tenant shall have received from any applicable governmental agency any written notice of violation or violations (or claim thereof) relating to Applicable Laws, or applicable zoning, ordinances, building codes or CC&Rs with regard to the right Premises or the Building existing as of ingress and egress the date of this Lease; provided, however, the foregoing representation does not apply with respect to any alterations, additions or improvements made (or to be made) by ▇▇▇▇▇▇. If, within the first twelve (12) months following ▇▇▇▇▇▇’s occupancy of the Premises, it is discovered that any of the Building, and Building Systems do not have an estimated remaining useful life of at least the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during duration of the Lease Term, Landlord shall, at its sole cost and expense, make any repairs and/or replacements necessary to put the Building Systems in the condition required by the immediately preceding two (2) sentences.
Appears in 1 contract
Sources: Office Lease (Roka BioScience, 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 A 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 as Exhibit A-1, and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)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 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 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. 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. Except when TenantSubject to Landlord’s right ongoing maintenance and repair obligations specifically set forth in this Lease and the terms and conditions of access is temporarily suspended as Section 1.2 of the result Tenant Work Letter, and except for matters that could not reasonably be discovered by Tenant prior to taking possession of (i) an event the Premises, the taking of “Force Majeure”possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, as that term is defined in Section 29.16 condition and repair. Subject to applicable laws and the other provisions of this Lease, (ii) and except in the application or enforcement “Applicable Law,” as that term is defined in Article 24 event of this Lease, or (iii) a provision of this Leasean emergency, Tenant shall have the right of ingress and egress access to the Premises, the Building, the Premises and the Project parking common areas of the Building, other than common areas requiring access with a Building engineer, twenty-four (24) hours per day, seven (7) days per week on each week, every day of the year, including, without limitation, with respect to any loading area; provided, however, that Tenant shall only be permitted to have access to and use of the mailroom and other limited-access areas of the Building during the Lease Termnormal operating hours of such portions of the Building.
Appears in 1 contract
Sources: Lease (BioAtla, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 2 of the Summary together with all rights, privileges, access to Premises through parking easements and appurtenances belonging or in anyway pertaining thereto (the “"Premises”"). The outline of the Premises is set forth in Exhibit 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 2 of the Summary (which shall not be subject to re-measurement or modification)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 and Landlord 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 them 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 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 about 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 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right The taking of access is temporarily suspended as possession of the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Premises by Tenant shall have conclusively establish that the right of ingress and egress to the Premises, the Building, Premises and the Project parking areas twenty-four (24) hours per dayBuilding were at such time in good and sanitary order, seven (7) days per week on each day during the Lease Termcondition and repair.
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 A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)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 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 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”)Section 1.1.4 below, Tenant shall accept the Premises in their existing, its existing “as 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. 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. Except when Tenant’s right The taking of access is temporarily suspended as possession of the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Premises by Tenant shall have conclusively establish that the right of ingress and egress to the Premises, the Building, Premises and the Project parking areas twenty-four (24) hours per dayBuilding were at such time in good and sanitary order, seven (7) days per week on each day during the Lease Termcondition and repair.
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 A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)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 Exhibit A is to show the approximate location of the Premises in within the “BuildingProject,” 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 to the Tenant Improvement Allowance and as otherwise specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”)Lease, Tenant shall accept the Premises in 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. 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 . The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”Building were at such time in good and sanitary order, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress condition and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Termrepair.
Appears in 1 contract
Sources: Lease Agreement (Neophotonics 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 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 (which shall not be subject to re-measurement or modification)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 each covenant as a material part of the consideration for this Lease to keep and perform each and all of such 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 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. Landlord and Tenant acknowledge that Tenant has been occupying the Suite 100/200 Premises pursuant to the Suite 100/200 Sublease (obviating any need for Landlord to “deliver” the Suite 100/200 Premises), and Tenant shall continue to accept the Suite 100/200 Premises in its currently-existing, “as is” condition. 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 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. 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. Except when Tenant’s right The taking of access is temporarily suspended as possession of the result Additional Premises by Tenant shall conclusively establish that such portions of the Premises and the Building were at such time in good and sanitary order, condition and repair, subject only to (i) an event the last two (2) sentences of this Section 1.1.1, (ii) latent defects to the extent identified and, thereafter, promptly communicated to Landlord, within twelve (12) months of the Lease Commencement Date, 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 Additional Premises to Tenant with the roof, and all “Force Majeure”, Building Systems” (as that term is defined in Section 29.16 7, below) serving and within the Additional Premises, in good working condition, 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 Tenant’s over-standard use of the same or Tenant’s failure to properly maintain the same in accordance with Article 7 of this Lease, the cost shall be paid by Landlord and not included in Operating Expenses). If, within the first six (ii6) months of the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the initial Lease Term, it is discovered that Landlord failed to deliver the Additional Premises in compliance with the obligations listed in 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 serving the Additional Premises in the condition required by the immediately preceding sentence.
Appears in 1 contract
Sources: Office Lease (Volcano 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 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 (which shall not be subject to re-measurement or modification)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 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 their existing, its presently existing “as 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. 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. Except when Tenant’s right The commencement of access is temporarily suspended as business operations from the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Premises by Tenant shall have presumptively establish that the right of ingress Premises and egress the Building were at such time in good and sanitary order, condition and repair except for minor “punchlist” matters related to the Premises, the Building, and the Project parking areas twenty-four Building brought to Landlord’s attention within ten (24) hours per day, seven (710) days per week on each day during after ▇▇▇▇▇▇ commences business operations from the Lease TermPremises.
Appears in 1 contract
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 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 Summary (which 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 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 precise area of the Premises, the precise area thereof Premises 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. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as Exhibit B C, if applicable (the “Tenant Work Letter”), Tenant shall accept the Premises in 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 PremisesPremises 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 businessbusiness and Tenant shall accept the Premise in its “as-is” condition, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Subject in each case to the “Substantial Completion” of the “Tenant Improvements” (as those terms are defined in Work Letter attached hereto as Exhibit C), and Landlord’s completion of any punch list items arising out of Landlord’s and Tenant’s right walk-through inspection of access is temporarily suspended the Tenant Improvements (as required under the result Work Letter), (a) the taking of possession of the Initial Premises by Tenant shall conclusively establish that the Initial Premises and the Building were at such time in good and sanitary order, condition and repair; and (b) the taking of possession of the Must Take Premises by Tenant, in the condition required for the Must Take Commencement Date, shall conclusively establish that the Must Take Premises were at such time in good and sanitary order, condition and repair. Notwithstanding anything to the contrary set forth herein: (i) an event Landlord hereby covenants to use commercially reasonable efforts to deliver the Initial Premises to Tenant with the Tenant Improvements thereto substantially completed in accordance with the Work Letter no later than thirty (30) days after mutual execution of this Lease (the “Force MajeureEstimated Initial Premises Delivery Date”), and if Landlord fails to substantially complete the Tenant Improvements for the Initial Premises and deliver the Initial Premises to Tenant on or before sixty (60) days after the Estimated Initial Premises Delivery Date (the “Initial Premises Rent Credit Date”) for any reason other than force majeure or Tenant Delays (as that term is defined in Section 29.16 the Work Letter), Landlord shall not be in default but the Commencement Date shall be delayed one (1) day for each day of such delay until Landlord delivers possession of the Initial Premises to Tenant in accordance with the requirements of this Lease; provided however, that if Landlord fails to substantially complete the Tenant Improvements for the Initial Premises and deliver the Initial Premises to Tenant within sixty (60) days after the Initial Premises Rent Credit Date for any reason other than force majeure or Tenant Delays, Landlord shall not be in default but Tenant may as its sole and exclusive remedy, upon written notice to Landlord prior to the date that Landlord delivers possession of the Initial Premises to Tenant in accordance with the requirements of this Lease, elect to terminate this Lease, and upon any such termination this Lease shall be deemed void and of no further force and effect, any obligations of Landlord to Tenant or of Tenant to Landlord shall be deemed cancelled, and Landlord shall promptly return to Tenant any prepaid Rent or Letter of Credit then held by Landlord; and (ii) Landlord hereby covenants to use commercially reasonable efforts to deliver the application Must Take Premises to Tenant (including, without limitation, if reasonably necessary, timely instituting unlawful detainer proceedings against the current tenant of the Must Take Premises) with the Tenant Improvements thereto substantially completed in accordance with the Work Letter no later than March 1, 2009 (the “Estimated Must Take Premises Delivery Date”), and in the event that Landlord has not gained possession of the Must Take Premises, and substantially completed the Tenant Improvements in the Must Take Premises and delivered the Must Take Premises to Tenant on or enforcement “Applicable Law,” before May 1, 2009, for any reason other than force majeure or Tenant Delays (as that term is defined in Article 24 the Work Letter), Landlord shall not be in default but Tenant shall be entitled to a day-for-day Rent credit with respect to the Must Take Premises from and after the May 1, 2009 until Landlord delivers possession of the Must Take Premises to Tenant in accordance with the requirements of this Lease; provided, however, that if Landlord has not gained possession of the Must Take Premises, and substantially completed the Tenant Improvements in the Must Take Premises and delivered the Must Take Premises to Tenant on or before July 1, 2009, for any reason other than force majeure or Tenant Delays (as defined in the Work Letter), Landlord shall not be in default but Tenant may as its sole and exclusive remedy, in Tenant’s sole discretion and upon written notice to Landlord prior to the date that Landlord delivers possession of the Must Take Premises to Tenant in accordance with the requirements of this Lease, elect to terminate this Lease either in its entirety or with respect to the Must Take Premises only; and in the event Tenant elects to terminate this Lease with respect to the Must Take Premises only, Tenant’s occupancy of the Initial Premises shall not be affected by such termination, and this Lease shall be amended as soon as reasonably possible by Landlord and Tenant to delete the Must Take Premises from the Premises. Upon any termination of the entire Lease resulting from Landlord’s failure to deliver the Must Take Premises by the outside date set forth above, this Lease shall be deemed void and of no further force and effect, any obligations of Landlord to Tenant or of Tenant to Landlord shall be deemed cancelled (iii) a provision other than such obligations which specifically survive the termination of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building), and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease TermLandlord shall promptly return to Tenant any prepaid Rent or Letter of Credit then held by Landlord.
Appears in 1 contract
Sources: Office Lease (Oxigene Inc)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 Premises, which is a part of the Summary (the “Premises”)Property. The outline of the Premises is set forth in Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)attached. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein (the “TCCs”) set forthforth in this Lease, 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 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 Exhibit A A, Exhibit A-2, and Exhibit A-3 is to show the approximate location of the Premises in Premises, the “Building,” Office Lobby, the Office Elevators, the Concession Area, the Project loading areas, Tenant’s Generator (as that term is defined in Section 1.1.2, 6.5.1 below) and access to the Parking Garage, only, and such Exhibit is Exhibits are not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the Building, or the Project, the precise area thereof or the specific location of the “Common Areas,” , as that term is defined in Section 1.1.31.1.4, below, or the elements thereof or of the accessways to the Premises Premises, Building 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 B, including, without limitation, Landlord’s obligation to construct the Base, Shell and Core (as that term is defined in Section 1.1 of the “Tenant Work Letter”), and to satisfy the Final Completion Condition (as that term is defined in Section 1.5 of the Tenant Work Letter), Tenant shall accept each floor of the Premises in their existing, “as is” condition as of the Lease Commencement Date, and Landlord shall not be obligated to provide or pay for any improvement work or services related to the initial improvement of the 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. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
Sources: Office Lease (F5 Networks 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 A 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 as Exhibit A-1, and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modification)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 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 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. 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. Except when TenantSubject to Landlord’s right ongoing maintenance and repair obligations specifically set forth in this Lease and the terms and conditions of access is temporarily suspended as Section 1.2 of the result Tenant Work Letter, and except for matters that could not reasonably be discovered by Tenant prior to taking possession of (i) an event the Premises, the taking of “Force Majeure”possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, as that term is defined in Section 29.16 condition and repair. Subject to applicable laws and the other provisions of this Lease, (ii) and except in the application or enforcement “Applicable Law,” as that term is defined in Article 24 event of this Lease, or (iii) a provision of this Leasean emergency, Tenant shall have the right of ingress and egress access to the Premises, the Building, the Premises and the Project parking common areas of the Building, other than common areas requiring access with a Building engineer, twenty-four (24) hours per day, seven (7) days per week on each week, every day of the year, including, without limitation, with respect to any loading area; provided, however, that Tenant shall only be permitted to have access to and use of the mailroom and other limited-access areas of the Building during the Lease Termnormal operating hours of such portions of the Building.
Appears in 1 contract
Sources: Lease Agreement (BioAtla, 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 A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (which shall not be subject to re-measurement or modificationmodification 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 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 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right The taking of access is temporarily suspended as possession of the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Premises by Tenant shall have conclusively establish that the right of ingress Premises and egress the Building were at such time in good and sanitary order, condition and repair, except that, notwithstanding anything to the Premisescontrary contained in this Lease or the Work Letter, Landlord shall deliver the BuildingPremises to Tenant with the roof in water tight condition and with all Building systems, including without limitation, HVAC, mechanical, electrical, life safety and plumbing systems, in good operating condition and repair, and any repairs to such components of the Project parking areas twenty-four Building which are reasonably required during the first ninety (24) hours per day, seven (790) days per week on each day during of the Lease TermTerm shall be at Landlord's sole cost and expense.
Appears in 1 contract
Sources: Office Lease (Zeltiq Aesthetics 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 A attached hereto hereto. The outline of the "Building" and the Premises has the number of rentable square feet "Project," as set forth those terms are defined in Section 2.2 of 1.1.2 below, are further depicted on the Summary (which shall not be subject to re-measurement or modification)Site Plan attached hereto as Exhibit 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 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 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. 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 's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right The taking of access is temporarily suspended as possession of the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Premises by Tenant shall have conclusively establish that the right of ingress and egress to the Premises, the Building, Premises and the Project parking areas twenty-four (24) hours per dayBuilding were at such time in good and sanitary order, seven (7) days per week on each day during the Lease Termcondition and repair.
Appears in 1 contract
Sources: Lease (VistaGen 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 A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary (Summary, which shall not be subject to re-measurement or modification)changed 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 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 Tenant acknowledges that it has been occupying the Premises pursuant to the terms of the "Sublease", as specifically set forth defined in this Lease Section 1.1.4, below, and in the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”), Tenant shall continue accept the Premises in their existing, “as 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. 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, Premises except as specifically otherwise expressly set forth in this Lease and or in the Tenant Work Letter. Except when Letter attached hereto as Exhibit B. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and Tenant hereby acknowledges, that the Project parking areas twenty-four Project, Building and Premises have not undergone inspection by a Certified Access Specialist (24) hours per day, seven (7) days per week on each day during the Lease TermCASp).
Appears in 1 contract
Sources: Lease Agreement (Solazyme Inc)