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Office Building Lease Agreement

 

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Title:

Office Building Lease Agreement

Entities:

Johnson Controls, Inc.; Wells Fargo Bank, NA; ISE Labs, Inc.; JER/BRE Austin Tech L.P.; Advanced Semiconductor Engineering Inc.

Date:

2002

Size:

Preview shows 29KB of 159KB total

Price:

$61

ID:

#139924

 

 

► Leasing ► Building ► Office Building Lease Agreements
► Miscellany ► Fortune 100
► Financial
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OFFICE BUILDING LEASE AGREEMENT

ISE LABS, INC.

AND

JER/BRE AUSTIN TECH L.P.

AT

The Domain
Austin, Texas

 


 

TABLE OF CONTENTS

                 
  1.    
Definitions and Basic Provisions
    1  
  2.    
Lease Grant
    1  
  3.    
Rent and Security Deposit
    1  
  4.    
Landlords Obligations
    2  
  5.    
Leasehold Improvements
    3  
  6.    
Use
    3  
  7.    
Tenants Repairs and Alterations
    3  
  8.    
Assignment and Subletting
    3  
  9.    
Indemnity
    4  
  10.    
Subordination
    4  
  11.    
Rules and Regulations
    4  
  12.    
Inspection
    4  
  13.    
Condemnation
    5  
  14.    
Fire or Other Casualty
    5  
  15.    
Holding Over
    5  
  16.    
Taxes on Tenants Property
    5  
  17.    
Events of Default
    5  
  18.    
Remedies
    5  
  19.    
Surrender of Premises
    6  
  20.    
Attorneys Fees
    6  
  21.    
Landlords Lien
    6  
  22.    
Mechanics Liens
    6  
  23.    
No Subrogation-Liability Insurance
    7  
  24.    
Brokerage
    7  
  25.    
Change of Building Name
    7  
  26.    
Estoppel Certificates
    7  
  27.    
Notices
    7  
  28.    
Separability
    7  
  29.    
Amendments; Binding Effect
    7  
  30.    
Quiet Enjoyment
    8  
  31.    
Gender
    8  
  32.    
Joint and Several Liability
    8  
  33.    
Personal Liability
    8  
  34.    
Certain Rights Reserved by Landlord
    8  
  35.    
Notice to Lender
    8  
  36.    
Captions
    8  
  37.    
Miscellaneous
    8  
  38.    
Force Majeure
    9  
  39.    
Applicable Law
    9  
  40.    
Third Party Rights
    9  
  41.    
Exhibits and Attachments
    9  

2


 

Exhibit A Outline of Premises
Exhibit B Legal Description
Exhibit C Rules and Regulations
Exhibit D Condition of the Premises and Tenant Improvements
Exhibit D-1 Base Building Specifications
Exhibit D-2 Landlords Construction Specifications
Exhibit E Parking
Exhibit F Component Charges
Exhibit F-1 Estimated Component Charges for 2001
Exhibit G Special Provisions
Exhibit H Janitorial Service

3


 

OFFICE BUILDING LEASE AGREEMENT

     THIS LEASE AGREEMENT is entered into as of the Lease Date set forth in the Basic Lease Information by and between JER/BRE Austin Tech L.P., a Delaware limited partnership (hereinafter called Landlord) and ISE Labs, Inc., a California corporation (hereinafter called Tenant).

WITNESSETH:

     1.     DEFINITIONS AND BASIC PROVISIONS. The definitions, information and basic provisions set forth in the Basic Lease Information (the Basic Lease Information) executed by Landlord and Tenant contemporaneously herewith are incorporated herein by reference for all purposes and shall be used in conjunction with the provisions of this Lease. As used herein, the term Net Rentable Area or NRA shall mean the Useable Square Footage contained in the Premises with an add-on factor of 16.5%. The Useable Square Footage of the Premises shall mean and refer to all floor area under the roof of the Building and measured to the Exterior Building Wall (which shall mean the outside surface of the outer glass or midpoint of the wall in the absence of glass of the exterior wall of the Building) and measured to the midpoint of the walls separating areas leased by or held for lease to other tenants or from areas devoted to corridors, elevator lobbies, restrooms, mechanical rooms, janitor closets, vending areas and other similar facilities which are intended for the use of all tenants on the particular floor. The Net Rentable Area contained in the Premises as shown in the Basic Lease Information is hereby stipulated by Landlord and Tenant to be accurate and correct for all purposes.

     2.     LEASE GRANT. Landlord, in consideration of the rent to be paid and the other covenants and agreements to be performed by Tenant and upon the terms hereinafter stated, does hereby lease, demise and let unto Tenant the Premises commencing on the first to occur of (i) the date upon which Tenant occupies any portion of the Premises for the conduct of Tenants business operations, or (ii) sixty (60) days following the date upon which Landlord delivers possession of the Premises to Tenant for construction of its Tenant improvements (as described in EXHIBIT D) (the Commencement Date) and ending on the last day of the Lease Term unless sooner terminated as herein provided. Landlord agrees to deliver to Tenant possession of the Premises in accordance with the Base Building Specifications attached hereto as Exhibit D-1 within ten (10) days after this Lease has been fully executed by the parties (the Delivery Date). If the Premises are not delivered to Tenant within said time period, for any reason whatsoever other than the failure of Landlord to deliver possession even though the Premises are

4


 

available, Landlord shall not be deemed to be in default hereunder, and Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same and this Lease shall continue for the lease Term specified in the Basic Lease Information. Notwithstanding the foregoing, if Landlord has not delivered possession of the Premises to Tenant within (i) 30 days after this Lease has been fully executed by the parties, then the Rent Commencement Date (defined below) shall be delayed one (1) day for each day past such 30th day on which such delivery occurs; and (ii) 60 days after this Lease has been fully executed by the parties, then Tenant, in addition to any other rights and remedies available at law or in equity, shall have the right to terminate this Lease upon notice to Landlord (so long as such notice is received by Landlord prior to delivery of possession of the Premises to Tenant), in which case any prepaid Rent, Security Deposit and other sums paid by Tenant to Landlord will be immediately refunded by Landlord to Tenant. Within fifteen (15) days after Tenants receipt of a request from Landlord, Tenant agrees to give Landlord a letter confirming the Commencement Date and certifying that Tenant has accepted delivery of the Premises and that the condition of the Premises complies with Landlords obligations hereunder, except with respect to latent defects of which Tenant discovers and delivers notice to Landlord within one (1) year after occupying the Premises.

     3.     RENT AND SECURITY DEPOSIT. In consideration of this Lease, Tenant promises and agrees to pay Landlord the Adjusted Rental, which is the sum of the monthly Basic Rental and monthly estimated Component Charges (subject to adjustment as hereinafter provided) without deduction or setoff, for each month of the entire Lease Term, subject to the free rent period during the first 3 months following the Commencement Date. Adjusted Rental shall be payable as follows: (a) one such monthly installment (which installment shall be credited as payment for the first (1st) full calendar month of the Lease term following the Rent Commencement Date) shall be payable by Tenant to Landlord contemporaneously with the execution of this Lease; (b) on the Commencement Date and on the thirtieth (30th) and sixtieth (60th) day following the Commencement Date, Tenant shall pay the portion of the estimated Component Charges payment applicable to electricity and CUP utilities (as defined below) for a thirty (30) day period (the Estimated Utilities Payment) to Landlord; and (c) on the first business day after the ninetieth (90th) day following the Commencement Date (the Rent Commencement Date), a partial monthly installment of Adjusted Rental (based on the number of days remaining in such month) shall be due and payable without demand, and on the first day of the second (2nd) full calendar month following the Rent Commencement Date, Tenant shall pay a monthly installment of Adjusted Rental to Landlord and continuing thereafter on or before the first day of each succeeding calendar month during the Lease Term hereof [or, if the Rent Commencement Date is on the first day of a calendar month, then no monthly installment of Adjusted Rental shall be due and payable on the Rent Commencement Date, and on the first day of the next full calendar month following the Rent Commencement Date, Tenant shall pay a monthly installment of Adjusted Rental to Landlord and continuing thereafter on or before the first day of each
 

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