The Premises Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto. The outline of the “Building” and the “Project,” as those terms are defined in Section 1.1.2 below, are further depicted on the Site Plan attached hereto as Exhibit A. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises 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, and that the square footage of the Premises shall be as set forth in Section 2.1 of the Summary of Basic Lease Information. 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. Xxxxxx 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 Xxxxxx’s business, except as specifically set forth in this Lease and the Tenant Work Letter. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Building and Premises have not undergone inspection by a Certified Access Specialist (CASp). Landlord shall deliver the Premises to Tenant in good, vacant, broom clean condition, in compliance with all laws, with the roof water-tight and shall cause the plumbing, electrical systems, fire sprinkler system, lighting, and all other building systems serving the Premises in good operating condition and repair on or before the Lease Commencement Date, or such earlier date as Landlord and Tenant mutually agree. Landlord will be responsible for causing the exterior of the Building, the existing Building entrances, and all exterior Common Areas (including required striping and handicapped spaces in the parking areas) to be in compliance with ADA and parking requirements, to the extent required to allow the legal occupancy of the Premises or completion of the Tenant Improvements.
SALE OF THE PREMISES In the event the Property is marketed to be sold by the Owner during the Term of this Agreement, the Agent: (check one)
Leased Premises Lessor hereby leases to Lessee, and Lessee leases and takes from Lessor, the Leased Premises subject to the conditions of this Lease.
Condition of the Premises Tenant has examined the Premises, including the appliances and fixtures (☐ and furnishings), and acknowledges that they are in good condition and repair, normal wear and tear excepted, and accepts them in its current condition, except for:
Subleased Premises Sublandlord does hereby sublease to Subtenant, and Subtenant does hereby sublease from Sublandlord, for the term and upon the conditions hereinafter provided, the Subleased Premises, consisting of the approximate Rentable Area provided in the preamble to this Sublease, the number of which the parties agree shall be deemed the actual square footage, subject to Subtenant’s right, but not obligation, to have the Subleased Premises re-measured at its sole cost and expense, provided that Subtenant shall not re-measure the Subleased Premises after the thirtieth (30th) day following the Sublease Commencement Date applicable to the Phase II Subleased Premises. If Subtenant should elect to re-measure the Subleased Premises prior to the thirtieth (30th) day following the Sublease Commencement Date applicable to the Phase II Subleased Premises, and should Subtenant’s qualified professionals determine in writing that the Subleased Premises measure more or less than the approximation, an appropriate increase or decrease shall be made to those charges which are based upon square footage measurements (including but not limited to Sublease Base Rent, the Sublease Base Rent Credit, and the Security Deposit Amount), the revised square footage shall be confirmed in an amendment to this Sublease signed by both parties, and the determination of Rentable Area shall be conclusive. “Rentable Area” means the (i) entire area included within the Subleased Premises, being the area bounded by the interior surface of any exterior wall, the interior of all walls separating the Subleased Premises from any public corridors or other public areas on such floor, and the centerline of all walls separating such Subleased Premises from other adjoining areas leased to Sublandlord or other subtenants on the floor, plus (ii) a proportionate amount of the square footage of the Common Areas (defined in Section 3(b)) existing as of the Sublease Commencement Date applicable to the Phase II Subleased Premises, including but not limited to common area corridors on the second floor, first floor, and lower level of the Building.
Use of the Premises A. The dwelling unit shall be used only as a private residence for Tenant and Tenant’s household members, except that Tenant and the household members may request an exception for certain limited incidental activities on a case by case basis in the dwelling unit if the Authority has given prior written consent to do so. All exceptions will require prior written approval and, if the activity will continue in the following year, a new exception request will need to be submitted for approval.
B. Tenant shall give prior notice to the Authority of any guest staying overnight at Tenant’s premises and any such overnight stay is deemed an accommodation for the guest. Reasonable accommodation for a guest is permitted only so long as the guest is not provided accommodations in or upon the premises, including the dwelling unit, for more than a total of fourteen (14) days in a twelve (12) month period, except with the express written permission of the Authority made upon written request from Tenant. As used in the Lease, “guest” means a person present in the dwelling unit or elsewhere upon the premises, other than Tenant or the household members, who is so present with the consent of the Tenant or one of the household members.
C. Tenant, any of the household members and any guest shall only use the dwelling unit or any other portion of the premises for lawful purposes permitted under the Lease and shall comply with all applicable rules and regulations of the Authority and with all applicable federal, state and local laws.
D. Tenant, the household members and any guests, shall use not use the utilities furnished by the Authority so as to waste the utilities through excess utility consumption, and shall also use and operate all utilities, whether or not furnished by the Authority, so as to comply with all applicable laws, regulations or guidelines of any governmental entity regulating utilities or fuels.
E. Tenant, or any of the household members, are prohibited from entering upon the Development for any reason if the Tenant has been evicted through the judicial process; (2) the Tenant is issued an eviction notice, appeals the eviction to the hearing office and the hearing officer upholds the City’s decision; and/or (3) the Tenant fails to appeal the eviction notice within the requisite time period.
Access to the Premises Except as provided by local ordinance, after a good faith effort to give notice, the Lessor, its agents or employees shall have access at all reasonable hours to the leased premises for the purpose of examining or exhibiting the premises to prospective buyers or prospective residents, or for making alterations or repairs on the premises which the Lessor deems necessary. Lessor shall have access at all reasonable hours to perform Lessee requested repairs, unless indicated to the contrary by Lessee. In the event of an emergency, Lessor, its agents or employees shall have immediate access without notice.
Demised Premises The demised premises consisting of the entire sixth floor of the building (hereinafter “Building”) located at 00 Xxxxxxxx Xxxxxx, Boston, Massachusetts, which demised premises are shown on Exhibit A attached hereto, containing 15,088 square feet of rentable floor area (hereinafter the “Premises”). Said Building contains an aggregate total rentable area of 211,232 square feet. Tenant shall have, as appurtenant to the Premises, the non-exclusive right and easement to use in common with others entitled thereto (a) common facilities (hereinafter “Common Facilities”) in the Building and on the land on which it is located (said Building and land are hereinafter “Landlord’s Property”) including without limitation, sidewalks, lobbies, hallways, stairways, entranceways, exterior spaces, common washrooms and such other facilities available to all tenants of the Building as may be designated from time to time by the Landlord (subject to the last sentence of this paragraph), and (b) the pipes, ducts, conduits, utility lines, wires, sewerage system and appurtenant equipment serving the Premises. Tenant’s rights hereunder shall always be subject to the reasonable rules and regulations from time to time established by Landlord, as provided in Section 23B hereof, provided such rules and regulations shall not materially interfere with Tenant’s Permitted Use (hereinafter defined) of the Premises. Landlord reserves and shall have the unrestricted right to change the location, size or character of any of the Common Facilities, provided such changes do not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use. EXCEPTED AND EXCLUDED from the Premises are the exterior walls and any space currently or (if same does not materially decrease the size of the Premises or materially adversely affect Tenant’s use of the Premises for the Permitted Use) in the future necessary to install, maintain and operate, by means of pipes, ducts, wires, meters, vents, flues, conduits, utility lines, fan rooms, shafts, stacks, utility closets, janitor closets, stairways or otherwise those utilities and services required for Landlord’s Property, Common Facilities thereof and tenant premises (including the Premises). Landlord, its agents, contractors and employees shall have the right of access to and entry on the Premises for the purposes of such installation, maintenance or operation or for the purposes of making repairs, alterations or additions to the Premises or to the Building if Landlord so elects. Except in cases of emergency, Landlord shall exercise the foregoing rights upon reasonable notice to the Tenant and in such a manner as not to interfere unreasonably with Tenant’s use of the Premises between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and between the hours of 8:00 a.m. and 1:00 p.m. on Saturday, excluding all legal holidays (hereinafter “Business Hours”). Landlord further reserves the right to change the street address and the name of the Building at any time and from time to time upon sixty (60) days prior notice to Tenant, without liability to Tenant.
TENANT PARKING Commencing on the Lease Commencement Date, Tenant shall have the right, at no additional charge, to use the amount of parking set forth in Section 9 of the Summary, throughout the Lease Term in the on-site parking facility (or facilities) which serve the Project. Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant's continued right to use the Project parking is conditioned upon Tenant abiding by all reasonable rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking is located (including any sticker or other identification system established by Landlord and the prohibition of vehicle repair and maintenance activities in the parking facilities), Tenant's cooperation in seeing that Tenant's employees and visitors also comply with such rules and regulations. Tenant's use of the Project parking facility shall be at Tenant's sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any of Tenant's, its employees' and/or visitors' use of the parking facilities. Tenant's rights hereunder are subject to the terms of any Underlying Documents now in effect. Landlord specifically reserves the right to change the size, configuration, design, layout, location and all other aspects of the parking facility serving the Project at any time and Tenant acknowledges and agrees that, so long as Tenant's access to and use of the Premises is not thereby materially impaired, Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, temporarily close-off or restrict access to the Project parking facility for purposes of -40- [HCP LIFE SCIENCES][BRITANNIA SEAPORT CENTRE][Pulmonx, Inc.] permitting or facilitating any such construction, alteration or improvements. In connection with any such actions, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of the Project parking areas. Landlord reserves the right to require attended parking from time to time. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control attributed hereby to the Landlord. The parking passes are provided to Tenant solely for use by Tenant's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord's prior approval.
Landlord’s Property All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.