|
|
|
|
Document Preview Standard Industrial/Commercial Multi-Tenant Lease (Modified Net) |
||||
|
|
||||
|
Click "Add to Cart" button to purchase document. |
||||
|
|
||||
|
Title: |
Standard Industrial/Commercial Multi-Tenant Lease (Modified Net) |
|||
|
Entities: |
Align Technology, Inc.; American Industrial Real Estate Association; James S. Lindsey |
|||
|
Date: |
2003 |
|||
|
Size: |
Preview shows 10KB of 148KB total |
|||
|
Price: |
$60 |
|||
|
ID: |
#184490 |
|||
|
|
||||
|
||||
|
|
||||
|
Start of Preview |
||||
STANDARD INDUSTRIAL/COMMERCIAL MULTI-TENANT LEASE--MODIFIED NET
AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION
[LOGO]
1. Basic Provisions ("Basic Provisions").
1.1 Parties: This Lease ("Lease"), dated for reference purposes only,
August 30, 2001 is made by and between James S. Lindsey ("Lessor") and Align
Technology, Inc. ("Leasee"), (collectively the "Parties" or individually a
"Party").
1.2(a) Premises: That certain portion of the Building, including all
improvements therein or to be provided by Lessor under the terms of this Lease,
commonly known by the street address of 821 Martin Avenue, located in the City
of Santa Clara County of Santa Clara, State of California, with zip code 95050,
as outlined on Exhibit A attached hereto ("Premises"). The "Building" is that
certain building containing the Premises and generally described as (describe
briefly the nature of the Building): An approximately 20,627 square foot portion
of an approximately 100,369 square foot freestanding building which is part of a
two building, approximately 156,282 square foot ___. In addition to Lessee's
rights to use and occupy the Premises as hereinafter specified, Lessee shall
have non-exclusive rights to the Common Areas (as defined in Paragraph 2.7
below) as hereinafter specified, but shall not have any rights to the roof,
exterior walls or utility raceways of the Building or to any other buildings in
the Industrial Center. The Premises, the Building, the Common Areas, the land
upon which they are located, along with other buildings and improvements
thereon, are herein collectively referred to as the "Industrial Center." (Also
see Paragraph 2.)
1.2(b) Parking: Eighty-two unreserved vehicle parking spaces ("Unreserved
Parking Spaces"); and zero reserved vehicle parking spaces ("Reserved Parking
Spaces"). (Also see Paragraph 2.6.)
1.3 Term: One years and zero months ("Original Term") commencing October 1,
2001 ("Commencement Date") and ending September 30, 2002 ("Expiration Date").
(Also see Paragraph 3.)
1.4 Early Possession: September 15, 2001 ("Early Possession Date"). (Also
see Paragraphs 3.2 and 3.3.)
1.5 Base Rent: $25,783.74 per month ("Base Rent"), payable on the first day
of each month commencing November 1, 2001. (Also see Paragraph 4.)
[X] If this box is checked, this Lease provides for Base Rent to be adjusted
per Addendum One attached hereto.
1.6(a) Base Rent paid upon Execution: $25783.74 Base Rent for the period
October 1, 2001 - October 31, 2001.
1.6(b) Lessee's Share of Common Area Operating Expenses: Thirteen and 2/10
percent (13.__) ("Lessee's Share") as determined by
[X] prorata square footage of the Premises as compared to the total square
footage of the project (20.6% of the building).
1.7 Security Deposit: $ See Paragraph 74 ("Security Deposit"). (Also see
Paragraph 5.)
1.8 Permitted Use: Office, administration, light assembly, research and
development, testing, engineering, warehousing and related legal uses
("Permitted Use") (Also see Paragraph 6.)
1.9 Insuring Party. Lessor is the "Insuring Party." (Also see Paragraph 8.)
1.10(a) Real Estate Brokers. The following real estate broker(s)
(collectively, the "Brokers") and brokerage relationships exist in this
transaction and are consented to by the Parties (check applicable boxes):
[ ] represents Lessor exclusively ("Lessor's
-------------------------
Broker");
[ ] represents Lessee exclusively ("Lessee's
-------------------------
Broker"); or
[X] CPS represents both Lessor and Lessee ("Dual Agency"). (Also see Paragraph
15.)
1.10(b) Payment to Brokers. Upon the execution of this Lease by both
Parties, Lessor shall pay to said Broker(s) jointly, or in such separate shares
as they may mutually designate in writing, a fee as set forth in a separate
written agreement between Lessor and said Broker(s) (or in the event there is no
separate written agreement between Lessor and said Broker(s), the sum of
$_________) for brokerage services rendered by said Broker(s) in connection with
this transaction.
1.11 Guarantor. The obligations of the Lessee under this Lease are to be
guaranteed by Not Applicable ("Guarantor"). (Also see Paragraph 37.)
1.12 Addends and Exhibits. Attached hereto is an Addendum or Addenda
consisting of Paragraphs 49 through 75 and Exhibits A through A all of which
constitute a part of this Lease.
2. Premises, Parking and Common Areas.
2.1 Letting. Lessor hereby leases to Lessee, and Lessee hereby leases from
Lessor, the Premises, for the term, at the rental, and upon all of the terms,
covenants and conditions set forth in this Lease. Unless otherwise provided
herein, any statement of square footage set forth in this Lease, or that may
have been used in calculating rental and/or Common Area Operating Expenses, is
an approximation which Lessor and Lessee agree is reasonable and the rental and
Lessee's Share (as defined in Paragraph 1.6(b)) based thereon is not subject to
revision whether or not the actual square footage is more or less.
2.2 Condition. Lessor shall deliver the Premises to Lessee clean and free
of debris on the Commencement Date and warrants to Lessee that the existing
plumbing, electrical systems, fire sprinkler system, lighting, air conditioning
and heating systems and loading doors, if any, in the Premises, other than those
constructed by Lessee, shall be in good operating condition on the Commencement
Date. If a non-compliance with said warranty exists as of the Commencement Date,
Lessor shall, except as otherwise provided in this Lease, promptly after receipt
of a written notice from Lessee setting forth with specificity the nature and
extent of such non-compliance, rectify same at Lessor's expense. If Lessee does
not give Lessor written notice of a non-compliance with this warranty within
thirty (30) days after the Commencement Date, correction of that non-compliance
shall be the obligation of Lessee at Lessee's sole cost and expense.
2.3 Compliance with Covenants. Restrictions and Building Code. Lessor
warrants that any improvements (other than those constructed by Lessee or at
Lessee's direction) on or in the Premises which have been constructed or
installed by Lessor or with Lessor's consent or at Lessor's direction shall
comply with all applicable covenants or restrictions of record and applicable
building codes, regulations and ordinances in effect on the Commencement Date.
Lessor further warrants to Lessee that Lessor has no knowledge of any claim
having been made by any governmental agency that a violation or violations of
applicable building codes, regulations, or ordinances exist with regard to the
Premises as of the Commencement Date. Said warranties shall not apply to any
Alterations or Utility Installations (defined in Paragraph 7.3(a)) made or to be
made by Lessee. If the Premises do not comply with said warranties, Lessor
shall, except as otherwise provided in this Lease, promptly after receipt of
written notice from Lessee within six (6) months following the Commencement Date
and setting forth with specificity the nature and extent of such non-compliance,
take such action, at Lessor's expense, as may be reasonable or appropriate to
rectify the non-compliance. Lessor makes no warranty that the Permitted Use in
Paragraph 1.8 is permitted for the Premises under Applicable Laws (as defined in
Paragraph 2.4).
2.4 Acceptance of Premises. Lessee hereby acknowledges: (a) that it has
been advised by the Broker(s) to satisfy itself with respect to the condition of
the Premises (including but not limited to the electrical and fire sprinkler
systems, security, environmental aspects, seismic and earthquake requirements,
and compliance with the Americans with Disabilities Act and applicable zoning,
municipal, county, state and federal laws, ordinances and regulations and any
covenants or restrictions of record (collectively, "Applicable Laws") and the
present and future suitability of the Premises for Lessee's intended use: (b)
that Lessee has made such investigation as it deems necessary with reference to
such matters, is satisfied with reference thereto, and assumes all
responsibility therefore as the same relate to Lessee's occupancy of the
Premises and/or the terms of this Lease; and (c) that neither Lessor, nor any of
Lessor's agent, has made any oral or written representations or warranties with
respect to said matters other than as set forth in this Lease.
2.5 Lessee as Prior Owner/Occupant. The warranties made by Lessor in this
Paragraph 2 shall be of no force or effect if immediately prior to the date set
forth in Paragraph 1.1 Lessee was the owner or occupant of the Premises. In such
even, Lessee shall, at Lessee's sole cost and expense, correct any
|
End of Preview |
Home Intelligence Services Subscriptions News About Us