The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. 2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3.
Appears in 8 contracts
Sources: Office Lease (Nutanix, Inc.), Office Lease (Nutanix, Inc.), Office Lease (Nutanix, Inc.)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.2 of the Summary (the “Premises”). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is as set forth in Section 1.2.2 Exhibit A attached hereto, and the rentable square footage an outline of the Building Project is as set forth in Section 1.6; provided, however, Exhibit A-1 attached hereto. The parties hereto agree that Landlord may from time to time re-measure the lease of the Premises and/or is upon and subject to the Building 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 accordance with any generally accepted measurement standards selected by Landlord the “Building,” as that term is defined in Section 1.1.2, below, only, and adjust Tenant’s Share based on such re-measurement; provided furtherExhibit is not meant to constitute an agreement, however, that any such re-measurement shall not affect representation or warranty as to the amount construction of Base Rent payable forthe Premises, the determination precise area thereof or the specific location of Tenant’s Share with respect tothe “Common Areas,” as that term is defined in Section 1.1.3, below, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation elements thereof or of the information accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do soin this Lease, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, accept the Premises are accepted by Tenant in their configuration its presently existing “as-is” condition and condition existing on the date hereof, without any obligation of Landlord shall not be obligated to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their 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. However, notwithstanding the foregoing, Landlord agrees that base Building electrical, mechanical, heating, ventilation and air conditioning and plumbing systems located in the Premises shall deliver be in good working order and the roof shall be water tight as of the date Landlord delivers possession of the Premises to Tenant. Except to the extent caused by the acts or omissions of Tenant with the floors cleared of trash and swept and free from occupancy or any Tenant Parties (as defined in Section 10.13 below) by any other party. The foregoing provisions alterations or improvements performed by or on behalf of this Section 2.1.2 Tenant, if such systems and/or the roof are not in good working order as of the date possession of the Premises is delivered to Tenant and Tenant provides Landlord with notice of the same within ninety (90) days following the date Landlord delivers possession of the Premises to Tenant, Landlord shall not limit be responsible for repairing or restoring the same at Landlord’s obligations under sole cost and expense. Subject to any repairs or restoration required by the immediately preceding sentence, the commencement of business operations from the Premises by Tenant shall presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. For purposes of Section 7 or 1938 of the California Civil Code, Landlord hereby discloses to Tenant’s rights under Section 6.3, and Tenant hereby acknowledges, that the Premises, the Building and the Project have not undergone inspection by a Certified Access Specialist (CASp).
Appears in 5 contracts
Sources: Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.2 of the Summary (the “Premises”). Landlord and Tenant acknowledge that the rentable square footage The outline of the Premises is set forth in Exhibit C attached hereto and has the number of rentable square feet as set forth in Section 1.2.2 and the rentable square footage 2.2 of the Building 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 set forth 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 C is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.6; provided1.1.2, howeverbelow, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving itonly, and if Tenant fails such Exhibit is not meant to do soconstitute an agreement, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding as to the configuration or condition construction of the Premises, the Building precise area thereof or the Project specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or their suitability the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for Tenant’s business. any improvement work or services related to the improvement of the Premises except Landlord shall deliver the Premises in broom clean condition, with all currently existing Premises systems in good working order (provided that (i) Tenant acknowledges and agrees that demolition work has been performed to a portion of the space, separating same from the remaining, functioning standard office portion; and (ii) Tenant with the floors cleared shall promptly notify Landlord of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s known/discovered defects or needed repairs to same so that Landlord may fulfill any repair obligations under Section 7 7.3 of this Lease), and except as otherwise expressly set forth in this Lease or Tenant’s rights under Section 6.3.in the Tenant Work Letter attached hereto as Exhibit D. The Premises shall exclude Common Areas, including without limitation exterior faces of exterior walls, the entry, vestibules and main lobby of the Building, lobbies and common lavatories, the common stairways and stairwells, boiler room, sprinkler rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or in common with other parts of the Building..
Appears in 4 contracts
Sources: Lease Agreement (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlord. premises which are being constructed by Landlord and Tenant acknowledge that are set forth in Section 2.2 of the rentable square footage Summary (the "Premises"). The outline of each floor of the Premises is set forth in Exhibit A attached hereto and each floor or floors of the Premises shall have approximately the number of rentable square feet as set forth in Section 1.2.2 and the rentable square footage 2.2 of the Building 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 Section 1.6; providedthis Lease and in the Work Letter Agreement attached hereto as Exhibit B (the "Work Letter Agreement"), however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver be obligated to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their 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 Work Letter Agreement. The taking of possession of each floor of the Premises by Tenant shall conclusively establish that such floor of the Premises was at such time in good and sanitary order, condition and repair, subject only to (i) punchlist items provided to Landlord shall deliver in writing within thirty (30) days following Landlord's delivery of the Premises to Tenant with Tenant, (ii) latent defects to the floors cleared of trash extent identified and, thereafter, promptly communicated to Landlord, (iii) Landlord's ongoing obligations set forth in Sections 1.1.3 and swept 29.33, and free from occupancy by any other party. The foregoing provisions Articles 7 and 24 of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3Lease, and (iv) the terms of the Work Letter Agreement.
Appears in 4 contracts
Sources: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereofhereof (or in such other configuration and condition as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3.
Appears in 3 contracts
Sources: Office Lease (Kempharm, Inc), Office Lease (Cellteck Inc.), Office Lease (Broadvision Inc)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, C as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver By taking possession of the Premises pursuant to this Lease, Tenant with acknowledges that the floors cleared of trash Premises and swept the Building are then in the condition and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3configuration required hereunder.
Appears in 2 contracts
Sources: Office Lease Agreement (Cardiodx Inc), Office Lease Agreement (Cardiodx Inc)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and shall adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) 10 days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver By taking possession of the Premises pursuant to this Lease, Tenant with acknowledges that the floors cleared of trash Premises and swept the Building are then in the condition and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3configuration required hereunder.
Appears in 2 contracts
Sources: Office Lease (Extend Health Inc), Office Lease (Extend Health Inc)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided hereinherein (including in Exhibit B), the Premises are accepted by Tenant in their configuration and condition existing on the date hereofhereof (or in such other configuration and condition as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3.
Appears in 2 contracts
Sources: Office Lease (Apigee Corp), Office Lease (Apigee Corp)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception. Landlord shall deliver the Premises to Tenant in broom clean condition, with the floors cleared of trash and swept. Notwithstanding anything herein or on Exhibit B to the contrary, Landlord and Tenant hereby acknowledge and agree that the Tenant Improvement Work is Substantially Complete, subject only to receipt by Landlord of all approvals and permits, with respect to the Tenant Improvement Work, from the appropriate governmental authorities necessary for the occupancy of the Premises for the Permitted Use. Following the mutual execution and delivery of this Lease, Landlord shall promptly perform the following punch list items with respect to the Tenant Improvement Work: (a) install under cabinet lighting, (b) install 6” wall base at reception area, (c) fix light switch at second entry, (d) replace scratched glass at the large conference room by the reception area, and (e) install cord on garbage disposal area. Nothing in this Section 2.1.2 shall limit Landlord’s obligations under Section 7.1.
2.1.2 Except as expressly provided hereinherein (including Exhibit B), the Premises are accepted by Tenant in their configuration and condition existing on the date hereofhereof (or in such other configuration and condition as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. .
2.1.3 Landlord shall deliver represents and warrants to Tenant that, as of the date hereof, Landlord has not received written notice from any governmental agency (and Landlord does not otherwise have actual knowledge, without any duty of inquiry) that the existing configuration or condition of the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this violates applicable Law (defined in Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.35).
Appears in 2 contracts
Sources: Office Lease (Medallia, Inc.), Office Lease (Medallia, Inc.)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the Premises from Landlordpremises set forth in Section 2.2 of the Summary (the “Premises”). Landlord and Tenant acknowledge that the rentable square footage Premises shall initially consist of the Initial Premises as described in Section 2.2 of the Summary and that, upon the Rent Commencement Date, the Premises shall thereafter consist of the Permanent Premises. The terms of the Lease with respect to the Initial Premises and the Permanent Premises are the same except as expressly set forth in this Lease and the Initial Premises and the Permanent Premises are collectively referred to in this Lease as the Premises. Notwithstanding anything herein to the contrary, the provisions of Sections 2.2 and 29.32, and Exhibit 5 shall not apply to the Initial Premises, nor shall Tenant be able to exercise the rights described therein prior to the Rent Commencement Date. The outline of the Premises is set forth in Exhibit 2.2-1 and Exhibit 2.2-2, as applicable, attached hereto and each floor or floors of the Premises has the number of rentable square feet as set forth in Section 1.2.2 and the rentable square footage 2.2 of the Building 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 set forth a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibits 2.2-1 and Exhibit 2.2-2 is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.6; provided1.1.2, howeverbelow, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving itonly, and if Tenant fails such Exhibit is not meant to do soconstitute an agreement, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding as to the configuration or condition construction of the Premises, the Building precise area thereof or the Project specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or their suitability for Tenant’s businessthe elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall deliver not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises to except as otherwise expressly set forth in this Lease or in the Tenant with the floors cleared of trash and swept and free from occupancy by any other partyWork Letter attached hereto as Exhibit 5. The foregoing provisions Premises shall exclude Common Areas, including without limitation exterior faces of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 exterior walls, the entry, vestibules and main lobby of the Building, elevator lobbies and common lavatories, the common stairways and stairwells, elevators and elevator ▇▇▇▇▇, boiler room, sprinkler rooms, elevator rooms, mechanical rooms, loading and receiving areas, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures and equipment serving exclusively or Tenant’s rights under Section 6.3in common other parts of the Building.
Appears in 2 contracts
Sources: Lease Agreement (Jounce Therapeutics, Inc.), Lease Agreement (Jounce Therapeutics, Inc.)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver By taking possession of the Premises pursuant to this Lease, Tenant with acknowledges that the floors cleared Premises and the Building are then in the condition and configuration required hereunder. As of trash and swept and free from occupancy by any other party. The foregoing provisions the date of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3Lease, Landlord represents that Base Building electrical, HVAC (i.e., heating, ventilation and air conditioning) and plumbing systems are in good working order.
Appears in 2 contracts
Sources: Office Lease (NeuroSigma, Inc.), Office Lease (NeuroSigma, Inc.)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At Within 60 days after the Commencement Date Landlord shall, and at any time thereafter Landlord may may, deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3.
Appears in 1 contract
Sources: Office Lease (Graphon Corp/De)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided hereinherein (including, without limitation, Exhibit B), the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver By taking possession of the Premises pursuant to this Lease, Tenant acknowledges that the Premises and the Building are then in the condition and configuration required hereunder. Notwithstanding the foregoing, within 5 days after the substantial completion of the Tenant Work, Landlord and Tenant shall together conduct an inspection of the Premises and prepare a “punch list” setting forth any portions of the Tenant Work that are not in conformity with the floors cleared of trash and swept and free from occupancy Tenant Work as required by any other party. The foregoing provisions the terms of this Section 2.1.2 Lease. Notwithstanding the foregoing, at the request of Landlord, such construction punch list shall not limit be mutually prepared by Landlord and Tenant prior to the date on which Tenant first begins to move its furniture, equipment or other personal property into the Premises. Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3, as part of the Tenant Work, shall use good faith efforts to correct all such items within a reasonable time following the completion of the punch list.
Appears in 1 contract
The Premises. 2.1.1 25.4.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s 's Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s 's Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. .
25.4.2 The "Delivery Date" with respect to each portion of the Premises means the date upon which Landlord delivers possession of such portion (i.e., ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇, or the Must Take Space, as applicable) to Tenant free from occupancy by any party and in the condition required by Section 2.1.4 below.
25.4.3 At any time time, Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five ten (510) business days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 25.4.4 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereofhereof (or in such other configuration and condition as the existing tenant of each portion of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s 's business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s 's obligations under Section 7 or Tenant’s 's rights under Section 6.3.
Appears in 1 contract
Sources: Office Lease (Nutanix, Inc.)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time (but not more than once during the Term) re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five ten (510) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided hereinherein (including Exhibit B), the Premises are accepted by Tenant in their configuration and condition existing on the date hereofhereof (or in such other configuration and condition as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of Nothing in this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.37.1.
Appears in 1 contract
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord the BOMA Z65.1-1996 Standard Method for Measuring Floor Area in Office Buildings and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, or the calculation of Tenant’s Share or the number of parking spaces to which Tenant is entitled under Section 1.9 during, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereofhereof (or in such other configuration and condition as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. .
2.1.3 Landlord shall deliver represents and warrants to Tenant that, as of the date hereof, Landlord has not received written notice from any governmental agency (and Landlord does not otherwise have actual knowledge, without any duty of inquiry) that the existing configuration or condition of the Premises or the Building violates applicable Law (defined in Section 5).
2.1.4 Landlord represents and warrants to Tenant with that, as of the floors cleared date hereof, Landlord is the fee owner of trash the Property.
2.1.5 Landlord represents and swept and free from occupancy warrants to Tenant that, to Landlord’s actual knowledge (without inquiry other than review of that certain Phase I Environmental Assessment dated November 19, 2011 prepared by IVI Assessment Services) as of the date hereof, the Building does not contain any asbestos-containing building materials or other Hazardous Materials (defined below) in amounts or conditions that violate applicable environmental laws. As used herein, “Hazardous Material” means any material or substance that is now or hereafter defined or regulated by any other partystatute, regulation, ordinance, or governmental authority thereunder, as radioactive, toxic, hazardous, or waste, including (i) petroleum and any of its constituents or byproducts, (ii) radioactive materials, (iii) asbestos in any form or condition, and (iv) substances or materials regulated by any of the following, as amended from time to time, and any rules promulgated thereunder: the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. §§9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, et seq.; the Toxic Substances Control Act, 15 U.S.C. §§2601, et seq.; the Clean W▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3§§▇▇▇▇ et seq.; and the Clean Air Act, 42 U.S.C. §§7401 et seq.
Appears in 1 contract
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord the Standard Method for Measuring Floor Area in Office Buildings, ANSI/BOMA Z65.1 – 1996 and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may and Tenant shall execute and deliver to Tenant each other a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Should Tenant shall fail to execute and return (or, by notice to Landlord, reasonably object to) such notice within five thirty (530) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided hereinSubject to Landlord’s performance of Tenant Improvement Work pursuant to Exhibit B, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Notwithstanding anything contained herein to the contrary, Landlord represents that all Base Building systems serving the Premises are in good working order as of the date of this Lease. If any such Base Building systems are not in good working order as of the date of this Lease, Landlord shall deliver be responsible for repairing or restoring the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit same at Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3cost and without inclusion in Expenses.
Appears in 1 contract
Sources: Office Lease (Catasys, Inc.)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) 20 days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided hereinherein (including, without limitation, Exhibit B hereto), the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other partyswept. The foregoing provisions of Nothing in this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3Sections 5 and/or 7.1 hereof.
Appears in 1 contract
The Premises. 2.1.1 1.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage 2.2 of the Building is as set forth in Section 1.6Basic Lease Information; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five ten (510) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 1.1.2 Except as expressly provided hereinspecifically set forth in this Lease (including the Tenant Work Letter attached hereto as Exhibit B (“Work Letter”), Tenant agrees to accept the Premises are accepted by Tenant in their condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform provide or pay for any alterations work or services related to the improvement of the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building Premises or the Project or their suitability for the conduct of Tenant’s business. ; provided, however, that, on the Commencement Date, Landlord shall deliver possession of the Premises to Tenant in vacant, broom clean condition with the floors cleared Base Building Systems and the roof of trash the Building in good condition and swept and free from occupancy by any other party. The foregoing provisions repair (which, for purposes of this Section 2.1.2 1.1.2, shall mean that the Base Building Systems are not malfunctioning, in violation of Laws or otherwise not operating properly, without regard to Tenant’s use of the Premises, and that the roof is watertight). By taking possession of the Premises, Tenant acknowledges that the Premises are then in the condition and configuration required hereunder; provided, however, that if, during the first two hundred seventy (270) days following the Commencement Date, Tenant notifies Landlord in writing (a “Tenant Repair Notice”) that the Base Building Systems, or any of them, or the roof of the Building, are not in good condition or repair, then Landlord shall not limit 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 further, however, that, subject to the provisions of Section 10.4 below, any damage to the Base Building Systems or the roof of the Building arising from (i) the misuse, misconduct, omissions and/or negligence of Tenant or any Tenant Parties (as defined in Section 10.1 below), or (ii) any Alterations (as defined in Section 7.2 below), including the installation of any Rooftop Equipment (as defined in Exhibit F attached hereto), shall be repaired by Landlord and Tenant shall pay Landlord the reasonable cost thereof, including a reasonable percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s obligations under involvement with such repairs and replacements, within thirty (30) days after receipt of an invoice therefor. If Tenant does not give Landlord a Tenant Repair Notice within two hundred seventy (270) days following the Commencement Date, correction of any deficiency in the Base Building Systems or roof of the Building shall be the obligation of Landlord or Tenant, as the case may be, pursuant to Section 7 below. For purposes of this Lease, the “Base Building Systems” means the base building heating, ventilation and air conditioning units, the base building electrical panel and the base building plumbing and sewer lines stubbed out to the Premises on the Commencement Date and that serve the Premises generally (as distinguished from the portions of such systems that may be installed or modified by Tenant, and any systems, equipment or components, including the uninterrupted power supply system (UPS), that serve a particular portion of the Premises or Tenant’s rights under Section 6.3particular use of the Premises, such as a computer server room, “clean room” or other R&D or laboratory space). Without limiting the foregoing, the Base Building Systems exclude (a) interior lighting (including switches, light bulbs and ballasts), (b) HVAC distribution components and systems (including VAV boxes, ducting, diffusers and distribution lines), (c) fire and life safety systems and equipment located in the Premises, (d) energy management control systems and equipment, (e) security systems, including card key systems, locks and doors, and (f) any interior controls or design features that are customarily installed as part of the leasehold improvements in the Premises.
Appears in 1 contract
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination amount of any tenant allowance applicable to, or the calculation of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3.
Appears in 1 contract
Sources: Sublease Agreement (Model N, Inc.)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure remeasure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) 10 business days after receiving it, and if . If Tenant fails to do so, Landlord shall deliver a second notice to Tenant which Tenant shall respond to within three (3) business days. If Tenant fails to respond to such second notice, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Notwithstanding the foregoing, (a) within 30 days after substantial completion of the Tenant Improvement Work (defined in Exhibit B), Landlord and Tenant shall deliver jointly inspect the Premises and prepare a “punch list” identifying any portions of the Tenant Improvement Work that do not comply with Landlord’s obligations under Exhibit B (provided, however, that, upon Landlord’s request, such inspection shall be performed and such punch list shall be prepared before Tenant begins moving its furniture, equipment or other personal property into the Premises); and (b) Landlord, as part of the Tenant Improvement Work, shall use good faith efforts to correct all such items within a reasonable period of time after preparation of such punch list. By taking possession of the Premises pursuant to this Lease, Tenant with acknowledges that the floors cleared of trash Premises and swept the Building are then in the condition and free from occupancy by any other partyconfiguration required hereunder. The foregoing provisions of this Section 2.1.2 2 shall not limit abrogate Landlord’s obligations under Section 7 or of this Lease nor Tenant’s rights under Section 6.3.6.3 of this Lease, nor Tenant’s rights under Section 33.4 of Exhibit B hereto
Appears in 1 contract
Sources: Sublease (NeurogesX Inc)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted BOMA measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereofhereof (or in such other configuration and condition as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3.
Appears in 1 contract
Sources: Office Lease (Infinity Bancorp)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 2 shall not limit abrogate Landlord’s obligations under Section 7 or Tenant’s rights under Sections 5, 6.3 and 7 of this Lease nor pursuant to Section 6.33.2.3 of Exhibit B hereto.
Appears in 1 contract
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”) and shown on Exhibit A, attached hereto. The Premises from Landlordconsist of space on the second, third, fourth and fifth floors within Building 2 (the “Building”) and shall be deemed to be the number of rentable square feet set forth in Section 2.2 of the Summary, subject to adjustment in accordance with Section 4.3, below. Landlord and Tenant acknowledge shall not have the right to remeasure the Premises. The parties hereto agree that the rentable square footage lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Landlord and Tenant covenant as set forth in Section 1.2.2 and the rentable square footage a material part of the Building 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 as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure made upon the Premises and/or condition of such performance. During the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation term of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do soLease, Tenant shall be deemed have access to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, Building 4 via the Premises are accepted by Tenant in their configuration and condition existing hallway on the date hereofsecond floors of Buildings 1 and 2, without and the current enclosed connector between Buildings 1 and 4 and the telephone-data-riser closet located in Building 2, level 2, which use may be in common with the other tenants and occupants of the Project. Tenant also acknowledges that neither Landlord nor any obligation agent of Landlord to perform or pay for any alterations to the Premises, and without has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their 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. Landlord shall not be obligated to provide or pay for any improvement work related to the improvement of the Premises except as expressly set forth in Section 5.5 and Section 5.7, below. Attached hereto as Exhibit A-1 is a plan for the Building 2 loading dock area (the “Loading Dock”), which indicates an existing caged holding area which shall be deemed to be part of the Premises (but shall not be counted as useable square footage for the purposes of calculating the number of rentable square feet in the Premises) and available for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other partyexclusive use. The foregoing provisions use of this the Loading Dock by Tenant and other occupants or tenants of the Project shall be subject to the Rules and Regulations (as defined in Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.35.6, below) respecting the use of the Loading Dock.
Appears in 1 contract
Sources: Office Lease (3com Corp)
The Premises. 2.1.1 i. Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge and agree that (a) the rentable square footage area of the Premises is as set forth in Section 1.2.2 1.1.2 and the rentable square footage area of the Building is as set forth in Section 1.6; provided1.5, however, that Landlord may from time to time re-measure the Premises and/or the Building and each such rentable area has been determined in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such the Standard Method for measuring Floor Area in Office Buildings ANSI Z65.1 (the “BOMA Standard”), (b) the rentable areas described in the preceding clause (a) shall not be re-measurement; provided furthermeasured during the Term, howeverand (c) the rentable area of any “Excluded Space” identified pursuant to Section 5.6.1(a) or 7.7.1(a) of Exhibit F, that the rentable area of the balance of the Premises, and the rentable area of any such Offering Space (defined in Section 6.6.1 of Exhibit F) shall be determined in accordance with the BOMA Standard and shall not therafter be re-measurement shall not affect measured during the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time time, Landlord may deliver to Tenant a notice substantially in the form of Exhibit CD, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) 10 business days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 ii. Except as expressly provided hereinherein (including in Exhibit C), the Premises are accepted by Tenant in their “as is”, “where is” configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept broom-clean and free from occupancy by of debris and movable personal property.
iii. This Lease is solely a lease of space in the Building and does not constitute a lease of any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3land.
Appears in 1 contract
Sources: Office Lease (Magnite, Inc.)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord those portions of the Buildings set forth in Section 2.3 of the Summary (the "Premises"), consisting of the Initial Premises on the Lease Commencement Date, as such Premises shall be expanded from time to time in accordance with this Article 1. The outline of the Initial Premises is set forth in Exhibit A attached hereto; the outline of Must-Take Space 1 is set forth in Exhibit A-2; the outline of Must-Take Space 2 is set forth in Exhibit A-3; and the outline of Must-Take Space 3 is set forth in Exhibit A-4. The outline of the "Buildings" (including, but not limited to, the planned location and configuration of the ▇▇▇▇ 3 Building, when completed), the "Project Structures" and the "Project," as those terms are defined in in Section 2.1 and Section 2.2 of the Summary, are further depicted on the Site Plan attached hereto as Exhibit A-1. Notwithstanding anything to the contrary in this Lease, all of the trade fixtures, equipment and other personal property of Tenant that is located in the Initial Premises or any other portion of the Project as of the Lease Commencement Date is excluded from Tenant's leasehold interest in the Premises from Landlordpursuant to this Lease and shall remain the property of Tenant, without any right or interest therein granted to Landlord by Tenant as a result of Tenant's entering into this Lease for its continued occupancy of the Initial Premises during the Lease Term. Landlord and Tenant acknowledge The parties hereto agree that the rentable square footage 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, subject to Tenant's right to receive notice of any alleged breach or default of such performance obligations, as set forth in Section 1.2.2 19.1 of this Lease. The parties hereto hereby acknowledge that the purpose of Exhibits A, ▇-▇, ▇-▇, ▇-▇ and A-4 is to show the rentable square footage approximate location of the Building Premises, Project Structures and Common Areas of the Project only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the precise location or configuration of the Premises or any of the Buildings, Project Structures or the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below. Tenant hereby acknowledges that Tenant is currently in possession of the Initial Premises pursuant to the Initial Lease, and except as specifically set forth in Section 1.6; providedthis Lease and in the Tenant Work Letters attached hereto as Exhibits B-1 thru B-4 (each, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord a "Tenant Work Letter" and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable forcollectively, the determination of Tenant’s Share with respect to"Tenant Work Letters"), or the amount of any tenant allowance applicable to, the initial Term. At any time neither Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, nor Tenant shall be deemed obligated to have executed and returned it without exception.
2.1.2 Except make any alterations or perform any work of repairs or alterations to the Initial Premises as expressly provided hereina condition of the Lease Commencement Date, nor shall either of the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord parties to perform this Lease be required to provide or pay for any alterations improvement work or services related to the improvement, repair, replacement or restoration of all or any portion of the Initial Premises. Except as specifically set forth in this Lease and the Tenant Work Letters, (i) Tenant and without Landlord each acknowledge and agree that neither of them nor any of their respective agents has made any representation or warranty regarding the configuration or condition of any portion of the Initial Premises, the Building Buildings, the Project Structures or the Project Common Areas of the Project, and (ii) Tenant acknowledges that neither Landlord nor any of its agents has made any representation or their suitability for Tenant’s business. Landlord shall deliver the Premises warranty to Tenant with respect to the floors cleared suitability of trash any of the foregoing for the conduct of Tenant's business, except as specifically set forth in this Lease and swept the Tenant Work Letter. Except as provided in the Expansion Space Work Letter with respect to the condition of those HVAC Systems, electrical, lighting, fire sprinkler and free from occupancy plumbing systems of the Existing Buildings serving the Must-Take Space 1 and Must-Take Space 3 as of the Must-Take 1 Delivery Date and the Must-Take 3 Delivery Date, respectively, the continued possession of the Initial Premises by any other party. The foregoing provisions Tenant as of this Section 2.1.2 the Lease Commencement Date shall not limit conclusively establish (without modifying Landlord’s 's maintenance, repair and restoration obligations under Section 7 or Tenant’s rights under Section 6.3this Lease from and after the Lease Commencement Date) that the Initial Premises and the Existing Buildings were at such time in good and sanitary order, condition and repair.
Appears in 1 contract
Sources: Lease (Nuvasive Inc)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises Promises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 1.1.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) business days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided hereinherein (including, without limitation, Exhibit B hereto), the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver By taking possession of the Premises pursuant to this Lease, Tenant acknowledges that the Premises and the Building are then in the condition and configuration required hereunder. Notwithstanding the foregoing, (a) within 15 days after substantial completion of the Tenant Improvement Work (defined in Exhibit B), Landlord and Tenant shall jointly inspect the Premises and prepare a “punch list” identifying any portions of the Tenant Improvement Work that do not comply with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 Exhibit B (provided, however, that, upon Landlord’s request, such inspection shall be performed and such punch list shall be prepared before Tenant begins moving its furniture, equipment or Tenant’s rights under Section 6.3other personal property into the Premises); and (b) Landlord, as part of the Tenant Improvement Work, shall use good faith efforts to correct all such items within a reasonable period of time after preparation of such punch list.
Appears in 1 contract
Sources: Sublease Agreement (Telik Inc)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure remeasure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver By taking possession of the Premises pursuant to this Lease, Tenant with acknowledges that the floors cleared of trash Premises and swept the Building are then in the condition and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3configuration required hereunder.
Appears in 1 contract
Sources: Assignment and Assumption of Lease Agreement (Ruthigen, Inc.)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises from Landlordis 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. Landlord and Tenant acknowledge hereby stipulate and agree that the rentable square footage area of the Premises is as set forth in Section 1.2.2 2.2 of the Summary, and the rentable such square footage shall not be subject to remeasurement or modification. The parties hereto agree that the lease of the Building 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 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 Section 1.6; providedthis Lease, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver be obligated to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform provide or pay for any alterations improvement work or services related to the improvement of the Premises, and without . Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their 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. Landlord shall deliver The taking of possession of the Premises to by Tenant with shall conclusively establish that the floors cleared of trash Premises and swept the Building were at such time in good and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3sanitary order, condition and repair.
Appears in 1 contract
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant vacant and with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3swept.
Appears in 1 contract
Sources: Office Lease (Xactly Corp)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, . Landlord represents to Tenant that Landlord may from time to time re-measure the rentable square footage of the Premises and/or and Building has been calculated pursuant to the Building Standard Method for Measuring Floor Area in accordance with any generally accepted measurement standards selected by Landlord Office Building, ANSI Z65.1 – 1996 and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement its accompanying guidelines (“BOMA”) and shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, be subject to remeasurement during the initial Term. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) 10 days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are is accepted by Tenant in their its condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver By taking possession of the Premises pursuant to this Lease, Tenant with acknowledges that the floors cleared Premises and the Building are then in the condition and configuration required hereunder. As of trash and swept and free from occupancy by any other party. The foregoing provisions the date of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3Lease, Landlord represents that Base Building electrical, HVAC (i.e., heating, ventilation and air conditioning) and plumbing systems are in good working order.
Appears in 1 contract
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s 's Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s 's Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. The "Delivery Date" means the date upon which Landlord delivers possession of each floor of the Premises to Tenant free from occupancy by any party and in the condition required by Section 2.1.2 below. If Landlord does not deliver possession of any floor of the Premises to Tenant on or before the anticipated Commencement Date (June 1, 2018), Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease nor the obligations of Tenant hereunder. At any time time, Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereof, without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or Tenant’s rights under Section 6.3.
Appears in 1 contract
Sources: Office Lease (Nutanix, Inc.)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term1.2.2. At any time Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five ten (510) business days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, and subject to the express covenants of Landlord otherwise contained herein, the Premises and the Tenant Systems (defined in Section 7.1.1) are accepted by Tenant in their condition and configuration and condition existing on the date hereofhereof (or in such other condition and configuration as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the PremisesPremises or the Tenant Systems, and without any representation or warranty regarding the configuration or condition of the Premises, the Tenant Systems, the Building or the Project or their suitability for Tenant’s business. .
2.1.3 At least ten (10) business days before the Delivery Date, Landlord shall deliver permit Tenant to enter the Premises solely to the extent necessary to inspect the condition of the Premises, including the Tenant with Systems. During any period of such entry, all of the floors cleared of trash provisions hereof shall apply, except for the obligation to pay Monthly Rent, and swept and free from occupancy by any other party. The foregoing provisions of this Section 2.1.2 shall not limit Landlord’s obligations under Section 7 or except that during such period (a) Tenant’s rights under Section 6.3to enter and use the Premises shall be nonexclusive, (b) Tenant shall not be permitted to use the Premises for any purpose other than inspection as provided in the preceding sentence, and (c) Tenant shall use commercially reasonable efforts to minimize any disruption of any occupancy by the existing tenant of the Premises.
Appears in 1 contract
Sources: Office Lease (Atmel Corp)
The Premises. 2.1.1 Subject to the terms hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. Landlord and Tenant acknowledge that the rentable square footage of the Premises is as set forth in Section 1.2.2 and the rentable square footage of the Building is as set forth in Section 1.6; provided, however, that Landlord may from time to time re-measure the Premises and/or the Building in accordance with any generally accepted measurement standards selected by Landlord and adjust Tenant’s Share based on such re-measurement; provided further, however, that any such re-measurement shall not affect the amount of Base Rent payable for, the determination calculation of Tenant’s Share with respect to, or the amount of any tenant allowance applicable to, the initial Term. At any time time, Landlord may deliver to Tenant a notice substantially in the form of Exhibit C, as a confirmation of the information set forth therein. Tenant shall execute and return (or, by notice to Landlord, reasonably object to) such notice within five (5) days after receiving it, and if Tenant fails to do so, Tenant shall be deemed to have executed and returned it without exception.
2.1.2 Except as expressly provided herein, the Premises are accepted by Tenant in their configuration and condition existing on the date hereofhereof (or in such other configuration and condition as any existing tenant of the Premises may cause to exist in accordance with its lease), without any obligation of Landlord to perform or pay for any alterations to the Premises, and without any representation or warranty regarding the configuration or condition of the Premises, the Building or the Project or their suitability for Tenant’s business. Landlord shall deliver the Premises to Tenant with the floors cleared of trash and swept and free from occupancy by any other party. The foregoing provisions of Nothing in this Section 2.1.2 shall not limit Landlord’s obligations under Sections 7.1 or 5.2.
2.1.3 Landlord shall cause the Building to include the following components on the Commencement Date:
(a) all structural elements in good condition and working order, as more fully provided in and subject to the terms of Section 7 or Tenant’s rights under 7.1;
(b) all Base Building Systems (defined in Section 6.3.5.1), including Base Building HVAC (including ducted mechanical exhaust system off Building main, fans, insulated main loop around the floor on which the Premises are located, and return air and exhaust system with smoke and fire dampers), electrical (including electrical/telephone closets with exhaust systems and all subpanels and breakers), plumbing, elevator (including cabs) and fire/life-safety systems (including panels, power sources, sprinklers with mains, laterals, uprights, and pull stations at points of egress), each (i) in good condition and working order, as more fully provided in and subject to the terms of Sections 7.1, and Exhibit B, and (ii) sufficient (A) in the case of the Base Building HVAC system, to provide the HVAC described in clause (a) of Section 6.1
Appears in 1 contract
Sources: Office Lease (ServiceTitan, Inc.)