The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISES"). The outline of the Premises is set forth in EXHIBIT A attached hereto and has the number of rentable square feet as set forth in Section 2.2 of the Summary. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, as a material part of the consideration for this Lease, to keep and perform each and all of such terms, covenants and conditions by them, respectively, to be kept and performed under this Lease. The parties hereto hereby acknowledge that the purpose of EXHIBIT A is to show the approximate location of the Premises in the "Building," as that term is defined in Section 1.1.2. below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project" as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT B (the "TENANT WORK LETTER"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as specifically set forth in this Lease and the Tenant Work Letter.
Appears in 1 contract
Sources: Office Lease (Navarre Corp /Mn/)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISES"“Premises”). The outline of the Premises is set forth in EXHIBIT Exhibit A attached hereto and has Landlord and Tenant hereby stipulate that, for purposes of this Lease, the number of “rentable square feet feet” of the Premises shall be deemed as set forth in Section 2.2 of the Summary. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions TCCs by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "“Building," ” as that term is defined in Section 1.1.2. , below, only, and such Exhibit exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "“Common Areas," ” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "“Project" ,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT B (the "TENANT WORK LETTER")Lease, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's ’s business, except as specifically set forth in this Lease Lease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Tenant Work LetterBuilding were at such time in good and sanitary order, condition and repair.
Appears in 1 contract
Sources: Office Lease (Aries Ventures Inc)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISES"“Premises”). The outline of the Premises is set forth in EXHIBIT 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. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "“Building," ” as that term is defined in Section 1.1.2. , below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "“Common Areas," ” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "“Project" ,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTER"“Tenant Work Letter”), Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's ’s business, except as specifically set forth in this Lease and the Tenant Work Letter. Notwithstanding anything in this Lease to the contrary, Landlord shall deliver possession of the Premises to Tenant in good, vacant, broom clean condition, with all Building Systems serving the Premises in good working order, and otherwise in substantially the same condition as of the date hereof, except with all the Tenant Improvements constructed in accordance with the Tenant Work Letter. If it is determined that any portion of the Building Systems serving the Premises were not in good working order on the delivery date, then Landlord shall not be liable to Tenant for any damages, but as Tenant’s sole remedy, Landlord, at no cost to Tenant (and not as an Operating Expense), shall promptly commence such work or take such other action as may be necessary to place the same in good working order, and shall thereafter diligently pursue the same to completion.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISESPremises"). The outline of the Premises is set forth in EXHIBIT 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. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "Building," 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 Tenant shall accept the Premises in this Lease its presently existing "as-is" condition and in the Tenant Work Letter attached hereto as EXHIBIT B (the "TENANT WORK LETTER"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Notwithstanding the foregoing, Landlord hereby agrees, at Landlord's sole cost and expense, to complete all work as listed Exhibit B, attached hereto and made a part hereof (the "Landlord Work"). Landlord Work excludes any IT, data and cabling installation in the Premises and any Tenant fixtures, furnishings and equipment. All Landlord Work shall be completed in a good and workmanlike manner to Landlord's "Building standard" condition, using Building standard methods, materials and procedures. Except to the extent caused by the acts or omissions of Tenant or any Tenant Parties (as defined in Section 10.13 below) by any Alterations or improvements performed by or on behalf of Tenant, if the Building Systems located within and/or serving the Premises are not in good working order as of the Lease Commencement Date and Tenant provides Landlord with notice of the same within sixty (60) days following the Lease Commencement Date, Landlord shall be responsible for repairing or restoring the same at Landlord's sole cost and expense (and without reimbursement from Tenant).Tenant shall make no changes or modifications to the Landlord Work without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Any additional improvements constructed in the Premises shall be constructed by Tenant in accordance with the terms and conditions of Article 8 of the Lease. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as specifically set forth fo11h in this Lease Lease. Subject to any repairs required by Landlord under this Section 1.1.1, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Tenant Work LetterBuilding were at such time in good and sanitary order, condition and repair.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISES"“Premises”). The outline of the Premises is set forth in EXHIBIT 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. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "“Building," ” as that term is defined in Section 1.1.2. , below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "“Common Areas," ” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "“Project" ,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTER"“Tenant Work Letter”), Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant ▇▇▇▇▇▇ also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's ▇▇▇▇▇▇’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The commencement of business operations from the Premises by Tenant shall presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair except for minor “punchlist” matters related to the Building brought to Landlord’s attention within ten (10) days after ▇▇▇▇▇▇ commences business operations from the Premises.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISES"“Premises”). The outline of the Premises is set forth in EXHIBIT Exhibit A attached hereto hereto, and has an outline of the number of rentable square feet as Project is set forth in Section 2.2 of the Summary. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 belowExhibit A-1 attached hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "“Building," ” as that term is defined in Section 1.1.2. , below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "“Common Areas," ” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "“Project" ,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTER"“Work Letter”), Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Notwithstanding the foregoing, Landlord shall deliver the Premises to Tenant in “broom-clean” condition with any holes patched and any missing ceiling tiles replaced and touch-up paint where necessary. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's ’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The commencement of business operations from the Premises by Tenant shall presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to Landlord’s limited warranty and responsibilities related thereto set forth hereinbelow. Notwithstanding the foregoing, Landlord hereby represents to Tenant that the roof of the Building, including the roof membrane, all structural components of the Building, including the foundation, all lighting, ballasts and lighting elements in the Building and all Building Systems (including all HVAC, electrical and plumbing systems) serving the Premises are operational, in good condition and working order, and water tight, as of the Lease Commencement Date and Landlord shall warrant the condition and operation thereof for the first ninety (90) days of the Lease Term. Such warranty shall mean that, in the event that any of the roof, any structural components of the Building or any Building Systems (as defined in Article 7 of this Lease) (including all HVAC, electrical and plumbing systems) serving the Premises shall fail to be operational or in good condition and working order during the first ninety (90) days of the Lease Term, Tenant shall notify Landlord in writing of the failure of this warranty, which notice shall specify the failure with particularity, and Landlord, at its sole cost and expense and not as part of Operating Expenses, Additional Rent or otherwise, shall promptly commence and thereafter repair or otherwise address such failure such that it is remedied within a reasonable time after receipt of Tenant’s notice, given the nature of the failure to be addressed.
Appears in 1 contract
Sources: Office Lease (COUPONS.com Inc)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISESPremises"). The outline of the Premises is set forth in EXHIBIT 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. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the "TCCs") herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions TCCs by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "Building," as that term is defined in Section 1.1.2. , below, only, and such Exhibit exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways access ways to the Premises or the "Project," as that term is defined in Section 1.1.21.1,2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT B (the "TENANT WORK LETTER"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as specifically set forth in this Lease Lease. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Tenant Work LetterBuilding were at such time in good and sanitary order, condition and repair.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISESPremises"). The outline of the Premises is set forth in EXHIBIT Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the "TCCs") herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions TCCs by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "Building," as that term is defined in Section 1.1.2. , below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTER" Work Letter"), Tenant shall accept the Premises in its existing "as-is" condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Landlord agrees to deliver possession of the Premises to Tenant promptly following the vacation of the Premises by the existing tenant.
Appears in 1 contract
Sources: Office Lease (Retrophin, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISES"“Premises”). The outline of the Premises is set forth in EXHIBIT Exhibit A attached hereto and has the number of rentable square feet as set forth in Section 2.2 of the Summary. The outline of the Premises, the "“Building" ” and the "“Project," ” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "“Building," ” as that term is defined in Section 1.1.2. , below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "“Common Areas," ” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project" Project as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTER"“Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's ’s business. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, except as specifically condition and repair, subject to Landlord’s ongoing repair and maintenance obligations set forth in this Lease and the Tenant Work LetterLease.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary Summary, consisting of the Building F Premises, the Building A Premises, and the Building C Premises (collectively, the "PREMISES"“Premises”). The outline of the Premises is set forth in EXHIBIT Exhibit A attached hereto and each floor or floors of the Premises has or have approximately the number of rentable square feet as set forth in Section 2.2 of the Summary. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions TCCs by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "Building“Buildings," ” as that term is defined in Section 1.1.2. , below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "“Common Areas," ” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "“Project" ,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTER"“Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant acknowledges that Tenant is currently in possession of the Premises pursuant to that certain lease by and between Malibu Canyon Office Partners, LLC, predecessor-in-interest to Landlord, and Tenant (formerly known as Ixia Communications, Inc.), dated November 5, 1999, as amended (the “Existing Lease”), and, therefore, the continued possession of the Premises by Tenant on and after the date of this Lease shall presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject to the completion of “Landlord’s work,” as that term is defined in Section 1.2 of the Tenant Work Letter. Notwithstanding anything set forth in the Existing Lease to the contrary, upon the Lease Commencement Date the Existing Lease shall terminate in its entirety and shall be of no further force or effect (except with respect to those provisions which specifically survive the expiration or earlier termination of the Existing Lease). Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building Buildings or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's ’s business, except as specifically set forth in this Lease and the Tenant Work Letter.
Appears in 1 contract
Sources: Office Lease (Ixia)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISES"“Premises”). The outline of the Premises is set forth in EXHIBIT Exhibit A attached hereto and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 belowSummary (which shall not be subject to re-measurement or modification). The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, as a material part of the consideration for this Lease, to keep and perform each and all of such terms, covenants and conditions by them, respectively, to be kept and performed under this Lease. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "“Building," ” as that term is defined in Section 1.1.2. , below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "“Common Areas," ” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "“Project" ,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTER"“Tenant Work Letter”), Tenant shall accept the Premises in their existing, “as is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's ’s business, except as specifically set forth in this Lease and the Tenant Work Letter. Except when Tenant’s right of access is temporarily suspended as the result of (i) an event of “Force Majeure”, as that term is defined in Section 29.16 of this Lease, (ii) the application or enforcement “Applicable Law,” as that term is defined in Article 24 of this Lease, or (iii) a provision of this Lease, Tenant shall have the right of ingress and egress to the Premises, the Building, and the Project parking areas twenty-four (24) hours per day, seven (7) days per week on each day during the Lease Term.
Appears in 1 contract
Sources: Office Lease (Blucora, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISESPremises"). The outline of the Premises is set forth in EXHIBIT Exhibit A attached hereto and has the number of rentable square feet as set forth in Section 2.2 of the Summaryhereto. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "Building," as that term is defined in Section 1.1.2. below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTERTenant Work Letter"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as specifically set forth in this Lease and the Tenant Work Letter. Tenant hereby acknowledges that Tenant has been in possession of a portion of the Premises consisting of approximately 8,983 rentable square feet of space (the “Sublease Premises”) in accordance with that certain Sublease dated as of April 21, 2016 (the “Sublease”) by and between Tenant and Solazyme, Inc. (“Sublessor”) prior to the Lease Commencement Date and accordingly Landlord shall have no obligation to deliver, and Tenant shall continue to occupy, such portion of the Premises to Tenant. The taking of possession of the remainder of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Except when and where Tenant's right of access is specifically excluded in this Lease, Tenant shall have the right of access to the Premises, the Building, and the Project parking facility twenty-four (24) hours per day, seven (7) days per week during the "Lease Term," as that term is defined in Section 2.1, below.
Appears in 1 contract
Sources: Lease (Audentes Therapeutics, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISES"“Premises”). The outline of the Premises is set forth in EXHIBIT Exhibit A attached hereto and has the number of rentable square feet as set forth in Section 2.2 of the Summary. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 belowhereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "“Building," ” as that term is defined in Section 1.1.2. , below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "“Common Areas," ” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "“Project" ,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTER"“Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's ’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The commencement of business operations from by Tenant shall presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, except for minor “punchlist” matters related to the Building brought to Landlord’s attention within ten (10) days after Tenant commences business operations from the Premises.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISESPremises"). The outline of the Premises is set forth in EXHIBIT 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. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the "TCCs") herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions TCCs by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "Building," as that term is defined in Section 1.1.2. , below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTER" Work Letter"), Tenant shall accept the Premises in its existing "as-is" condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except as specifically set forth in this Lease and in the Work Letter attached hereto as Exhibit B, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISES"“Premises”). The outline of the Premises is set forth in EXHIBIT 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. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions TCCs by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "“Building," ” as that term is defined in Section 1.1.2. , below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "“Common Areas," ” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "“Project" ,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTER"“Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant ▇▇▇▇▇▇ also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's ▇▇▇▇▇▇’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, subject only to (i) Landlord’s obligations set forth in Article 7 of this Lease with respect to the condition and repair of the “Building Structure,” as that term is defined in Article 7 of this Lease, (ii) Landlord’s obligations set forth in Article 24 of this Lease with regard to compliance with “Applicable Laws,” as that term is defined in such Article 24, and (iii) Landlord’s obligations set forth in Section 29.33 of this Lease with respect to “Hazardous Materials,” as that term is defined in such Section 29.33 of this Lease; provided, however, that Landlord hereby covenants that upon delivery of the Premises to Tenant, (A) the Building Structure and “Building Systems” (as that term is defined in Section 6.2 below) shall at such time be in good and sanitary order, condition and repair, and (B) the Premises and parking areas servicing the Building (including, without limitation, the path of travel between the Building and such parking areas, other than with respect to the path of travel between the Building and the parking spaces located to the south-west of the building located at ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇), and exit lighting within the Building and egress lighting at all exit doors leaving the Building, shall be in compliance with all applicable building codes and Applicable Laws (including but not limited to Title 24, seismic, fire and life safety, structural support of existing MEP items and ceilings, and exit lighting requirements,) in effect at the time of Landlord’s delivery of the Premises to the Tenant, and Landlord shall be solely responsible for all costs and expenses (i.e., and not as part of Operating Expenses) incurred in order to cure any deficiencies vis-à-vis such covenants and bring such Premises into compliance with the foregoing codes. To the actual knowledge of ▇▇▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (Landlord’s Portfolio Manager with respect to the Project), without any duty of investigation or any duty of inquiry, Landlord has not, as of the date of this Lease, received from any applicable governmental agency any written notice of violation or violations (or claim thereof) relating to Applicable Laws, or applicable zoning, ordinances, building codes or CC&Rs with regard to the Premises or the Building existing as of the date of this Lease; provided, however, the foregoing representation does not apply with respect to any alterations, additions or improvements made (or to be made) by Tenant. If, within the first twelve (12) months following ▇▇▇▇▇▇’s occupancy of the Premises, it is discovered that any of the Building Systems do not have an estimated remaining useful life of at least the duration of the Lease Term, Landlord shall, at its sole cost and expense, make any repairs and/or replacements necessary to put the Building Systems in the condition required by the immediately preceding two (2) sentences.
Appears in 1 contract
Sources: Office Lease (Roka BioScience, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISESPremises"). The outline of the Premises is set forth in EXHIBIT 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. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "Building," as that term is defined in Section 1.1.2. 1.1.2 below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, 1.1.3 below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, 1.1.2 below. Except Landlord and Tenant acknowledge that Tenant is currently occupying the Premises pursuant to an existing Sublease Agreement with Oracle USA, Inc.; therefore, except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT B (the "TENANT WORK LETTER")Lease, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the PremisesPremises and Tenant shall continue to accept the Premises and the Building in their presently existing, "as-is" condition. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as specifically set forth in this Lease and the Tenant Work LetterLease.
Appears in 1 contract
Sources: Office Lease (Wageworks, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISESPremises"). The outline of the Premises is set forth in EXHIBIT 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. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "Building," as that term is defined in Section 1.1.2. , below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTERTenant Work Letter"), Tenant shall accept the Premises in its presently existing "as-is" condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that that, except as expressly stated in this Lease and in the Tenant Work Letter, neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as specifically set forth in this Lease and the Tenant Work Letter. Except as otherwise provided in the Tenant Work Letter, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Except when and where Tenant’s right of access is specifically excluded as the result of (i) an emergency, (ii) a requirement by law, or (iii) a specific provision set forth in this Lease, Tenant shall have the right of ingress and egress to the Premises and the Project parking areas twenty-four (24) hours per day, seven (7) days per week, every day of the year during the Lease Term. Notwithstanding the foregoing, Tenant hereby acknowledges that access to the Building, the Building parking facility and Common Areas may be restricted on New Year's Eve and New Year's Day due to the annual Rose Bowl Parade; provided, however, that Tenant shall continue to have access to the Premises at all times and Landlord shall use commercially reasonable efforts, to the extent within Landlord’s reasonable control, to provide Tenant with access to the Building parking facility notwithstanding the fact that such restrictions may be in place.
Appears in 1 contract
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISESPremises"). The outline of the Premises is set forth in EXHIBIT Exhibit A attached hereto and each floor of the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "Building," as that term is defined in Section 1.1.2. , below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTERWork Letter"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as specifically set forth in this Lease and the Tenant Work Letter.
Appears in 1 contract
Sources: Sublease (Okta, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISES"“Premises”). The outline of the Premises is set forth in EXHIBIT Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1, and the Premises has the number of rentable square feet as set forth in Section 2.2 of the Summary. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "Building," as that term is defined in Section 1.1.2. below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "“Common Areas," ” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "“Project" ,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTER"“Tenant Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's ’s business, except as specifically set forth in this Lease and the Tenant Work Letter. Subject to Landlord’s ongoing maintenance and repair obligations specifically set forth in this Lease and the terms and conditions of Section 1.2 of the Tenant Work Letter, and except for matters that could not reasonably be discovered by Tenant prior to taking possession of the Premises, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. Subject to applicable laws and the other provisions of this Lease, and except in the event of an emergency, Tenant shall have access to the Building, the Premises and the common areas of the Building, other than common areas requiring access with a Building engineer, twenty-four (24) hours per day, seven (7) days per week, every day of the year, including, without limitation, with respect to any loading area; provided, however, that Tenant shall only be permitted to have access to and use of the mailroom and other limited-access areas of the Building during the normal operating hours of such portions of the Building.
Appears in 1 contract
Sources: Lease (BioAtla, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISES"“Premises”). The outline of the Premises is set forth in EXHIBIT 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. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "“Building," ” as that term is defined in Section 1.1.2. , below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "“Common Areas," ” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "“Project" ,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTER"“Tenant Work Letter”), Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's ’s business, except as specifically set forth in this Lease and the Tenant Work Letter. The commencement of business operations from the Premises by Tenant shall presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair, except for (i) minor “punchlist” matters related to the Premises or Building which are brought to Landlord’s attention within ten (10) days after Tenant commences business operations from the Premises; (ii) latent defects in the construction of the “Tenant Improvements”, as that term is defined in Section 2.1 of the Tenant Work Letter attached hereto, which are brought to Landlord’s attention on or before the first (1st) anniversary of the Phase I Lease Commencement Date or the Phase II Lease Commencement Date, as applicable; and (iii) Landlord’s obligations set forth in Section 5.4 and Articles 7 and 24 of this Lease.
Appears in 1 contract
Sources: Office Lease (Trulia, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant ------------ hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISESPremises"). The outline of the Premises is set forth in EXHIBIT Exhibit A attached hereto and has the number of rentable square feet as set forth in Section 2.2 of the Summary. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below--------- hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A --------- is to show the approximate location of the Premises in the "Building," as that term is defined in Section 1.1.2. , below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "Common Areas," as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project," as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTERTenant Work Letter"), ) Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as specifically set forth in this Lease and the Tenant Work Letter; provided, however, that in the event that any of the base building electrical, plumbing or HVAC systems (specifically excluding the "Excluded Portions," as that term is defined below) are not in good working order as of the date of delivery of the Premises to Tenant, Tenant shall deliver notice thereof within thirty (30) days following Landlord's delivery of the Premises to Tenant and Landlord shall, at Landlord's cost and expense, promptly commence and diligently pursue the completion of repairs to the applicable system required to put the same in good working order. For purposes of this Lease, the "Excluded Portions" shall mean any portion of the electrical, plumbing and HVAC systems which was not in existence prior to the construction of tenant improvements in the Building, which Excluded Portions shall specifically shall include the distribution of the electrical, plumbing and HVAC systems. Subject to Landlord's reasonable rules and regulations, Tenant shall have access to the Premises, twenty-four (24) hours a day, three hundred sixty-five (365) days a year.
Appears in 1 contract
Sources: Office Lease (Extreme Networks Inc)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISESPremises"). The outline of the Premises is set forth in EXHIBIT 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. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 below. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "Building," 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 Tenant acknowledges that Tenant has inspected the Premises and that Tenant shall accept the Premises in this Lease its presently existing, "as-is" condition, and in the Tenant Work Letter attached hereto as EXHIBIT B (the "TENANT WORK LETTER"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's business, except as specifically set forth in this Lease Lease. Except as set forth in Article 7, below, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Tenant Work LetterBuilding were at such time in good and sanitary order, condition and repair.
Appears in 1 contract
Sources: Office Lease (Cardionet Inc)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISES"“Premises”). The outline of the Premises is set forth in EXHIBIT Exhibit A attached hereto and has approximately the number of rentable square feet as set forth in Section 2.2 of the Summary. The outline of the Premises, the "“Building" ” and the "“Project," ” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A-1. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions (the “TCCs”) herein set forth, and each of Landlord and Tenant each covenant, covenant as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions TCCs by them, respectively, it to be kept and performed under by each of them hereunder, and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location of the Premises in the "“Building," ” as that term is defined in Section 1.1.2. , below, only, and such neither Exhibit A nor Exhibits A-1 or A-2 is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "“Common Areas," ” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "Project" as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTER"“Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's ’s business, except as specifically set forth in this Lease and the Tenant Work Letter.. Notwithstanding any provision to the contrary set forth in this Lease, Landlord shall, at Landlord’s sole cost and expense, deliver the Premises to Tenant with (a) all “Building Systems” (as that term is defined in Section 7.1.1, below) serving and within the Premises in good working condition, (b) the “Building Structure” (as that term is defined in Section 7.2.1 below) in good working condition, and (c) the Common Areas in good working condition. If, within the first twelve (12) months of the initial Lease Term, it is discovered that Landlord failed to deliver the Premises in compliance with the obligations listed in the immediately preceding sentence, then Landlord shall, at its sole cost and expense, make any repairs and/or replacements necessary to put the Building Systems, Building Structure and/or Common Areas in the condition required by the immediately preceding sentence. To the actual knowledge of Landlord’s Portfolio Manager with respect to the Project, without any duty of investigation or any duty of inquiry, and without any personal liability accruing to such individual or otherwise being ascribed to such individual, Landlord has not, as of the date of this Lease, received from any applicable governmental agency any written notice of violation or violations (or claim thereof) relating to Applicable Laws (including, any applicable handicap access codes in effect as of the date of this Lease which were created in order to implement the Americans With Disabilities Act [the “ADA”]), or applicable zoning, ordinances, building codes or CC&R’s with regard to the Premises or the Building existing as of the date of this Lease; provided, however, the foregoing representation does not apply with respect to any alterations, additions or improvements made (or to be made) by Tenant. 702009.06/WLA -6- Office Lease 110045-00136/12-26-12/EG/eg [Accelrys, Inc.]
Appears in 1 contract
Sources: Office Lease (Accelrys, Inc.)
The Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the "PREMISES"“Premises”). The outline of the Premises is set forth in EXHIBIT Exhibit A attached hereto hereto, and has an outline of the number of rentable square feet as Project is set forth in Section 2.2 of the Summary. The outline of the Premises, the "Building" and the "Project," as those terms are defined in Section 1.1.2 belowExhibit A-1 attached hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Landlord and Tenant each covenant, covenants as a material part of the consideration for this Lease, Lease to keep and perform each and all of such terms, covenants and conditions by them, respectively, it to be kept and performed under and that this LeaseLease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of EXHIBIT Exhibit A is to show the approximate location and configuration of the Premises in the "Building," as that term is defined in Section 1.1.2. below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the "“Common Areas," ” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the "“Project" ,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease and in the Tenant Work Letter attached hereto as EXHIBIT Exhibit B (the "TENANT WORK LETTER"“Tenant Work Letter”), Tenant shall accept the Premises in its then-existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant's ’s business, except as specifically set forth in this Lease and the Tenant Work Letter.
Appears in 1 contract
Sources: Office Lease (Audience Inc)