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Title: |
Lease Agreement |
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Entities: |
Inhibitex, Inc.; Jones Lang LaSalle Americas, Inc.; Lucent Technologies Inc.; Sanctuary Park Realty Holding Co.; Wachovia Bank, NA; Swidler Berlin Shereff Friedman LLP |
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Date: |
2004 |
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Size: |
Preview shows 12KB of 155KB total |
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Price: |
$45 |
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ID: |
#274067 |
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" " " " " " " " " " "
LEASE AGREEMENT
BETWEEN
SANCTUARY PARK REALTY HOLDING COMPANY,
a Delaware corporation
(Landlord)
AND
INHIBITEX, INC.,
a Delaware corporation
(Tenant)
OAK VIEW I
at
SANCTUARY PARK
Suite 400,
Alpharetta, Georgia
(Premises)
" " " " " " " " " " "
{PAGE}
TABLE OF CONTENTS - LEASE AGREEMENT
{Table}
{Caption}
PAGE
----
{S} {C}
1. Basic Lease Information 1
2. Premises and Term 1
3. Monthly Rental, Additional Rent and Security Deposit 2
4. Use 4
5. Service and Utilities 5
6. Tenant Repairs 5
7. Alterations 5
8. Rules and Regulations 6
9. Inspection and Right of Entry 6
10. Surrender of Premises 6
11. Assignment and Subletting 6
12. Insurance 7
13. Fire and Casualty Damage 8
14. Waiver of Claims; Landlord's Liability and Indemnification 8
15. Condemnation 8
16. Holding Over 9
17. Quiet Enjoyment 9
18. Events of Default 9
19. Remedies 9
20. Bankruptcy 11
21. Intentionally Omitted 11
22. Subordination; Estoppel Certificates 11
23. Mechanics Liens; Other Taxes 12
24. Substitution of Premises 12
25. Certain Rights Reserved to Landlord 12
26. Notices 12
27. Hazardous Substances 13
28. Brokerage 14
29. ERISA Matters 14
30. Miscellaneous 14
31. Limitation of Landlord's Liability 16
32. Additional Provisions 16
{/Table}
EXHIBITS
Exhibit "A" Land
Exhibit "B" Premises
Exhibit "C" HVAC Specifications
Exhibit "D" Commencement Notice
Exhibit "E" Cleaning Specifications
Exhibit "F" Rules and Regulations
Exhibit "G" ERISA Matters
{PAGE}
LEASE AGREEMENT
THIS LEASE AGREEMENT (this "Lease"), made and entered into by and
between SANCTUARY PARK REALTY HOLDING COMPANY, a Delaware corporation
(hereinafter referred to as "Landlord"), and INHIBITEX, INC., a Delaware
corporation (hereinafter referred to as "Tenant").
W I T N E S S E T H :
1. BASIC LEASE INFORMATION. Each use of the terms capitalized and
defined in this Paragraph 1 shall be deemed to refer to, and shall have the
respective meanings set forth in, this Paragraph 1.
(a) Building. The precast concrete and glass six (6) story
office building located on the Land and being commonly known as "Oak View I."
(b) Land. Those certain parcels of land more particularly
described on Exhibit "A" attached hereto and by this reference made a part
hereof.
(c) Premises. That portion of the fourth (4th) floor of the
Building, presently known as Suite Number 400 thereof, substantially as shown on
Floor Plan(s) attached hereto as Exhibit "B" and by this reference made a part
hereof.
(d) Common Areas. Those certain areas and facilities of the
Building that are from time to time provided by Landlord, in its discretion, for
the use of tenants of the Building and their employees, clients, customers,
licensees and invitees or for use by the public, which facilities and
improvements might include any and all corridors, elevator foyers, vending
areas, restrooms, electrical and telephone rooms, mechanical rooms, janitorial
areas and other similar facilities of the Building, and any and all grounds,
parks, landscaped areas, outside sitting areas, sidewalks, walkways, pedestrian
ways, loading docks, and generally all other improvements located on the Land
and designed for use in common by tenants, their employees, clients, customers,
licensees and invitees. Common Area also includes those portions of the Office
Park lying outside the Building which are designated as "common areas" for the
use, enjoyment and benefit of all owners or tenants of property located within
the Office Park and their lessees, subtenants and invitees.
(e) Tenant's Permitted Uses. Executive, general and
administrative offices reasonable and customary for a first-class office
building, including storage and other office uses accessory and incidental
thereto, but specifically excluding medical and dental offices, governmental
offices, travel agencies and airline ticket sales.
(f) Commencement Date. April 1, 2004.
(g) Lease Expiration Date. June 30, 2005.
(h) Term. Fifteen (15) months, beginning on the Commencement
Date and ending at 11:59 p.m. on the Lease Expiration Date, unless this Lease is
sooner terminated as provided herein.
(i) Net Rentable Area of the Premises. Approximately 13,448
rentable square feet based upon the actual number of square feet of usable area
in the Premises, plus a mutually agreed upon add-on factor to reflect the Common
Areas of the Building.
(j) Net Rentable Area of the Building. Approximately 153,101
square feet, subject to recalculation by Landlord, provided that any such
recalculation shall not increase Tenant's Share.
(k) Tenant's Share. 8.7837 percent (8.7837%) representing a
fraction, the numerator of which is the Net Rentable Area of the Premises and
the denominator of which is the Net Rentable Area of the Building, subject to
future adjustments in the case of any expansion of the Premises.
(l) Rent. The Monthly Rental, the Additional Rent [as defined
in Paragraph 3(a)] and all other sums due from Tenant to Landlord hereunder.
(m) Annual Rental Per Square Foot. Annual Rental Per Square
Foot means the annual rental rate per square foot of Net Rentable Area, which is
$19.00.
(n) Monthly Rental. Tenant shall pay to Landlord, commencing
on the Commencement Date and continuing throughout the Term, monthly rental
("Monthly Rental") calculated by multiplying the Net Rentable Area of the
Premises by the Annual Rental Per Square Foot, and then dividing the resulting
product thereof by twelve (12). Monthly Rental throughout the Term of this Lease
is $21,292.67 per month.
(o) Intentionally Omitted.
(p) Office Park. The business park composed of the areas
designated by Landlord from time to time as a part of the Office Park, which is
located along Rock Mill Road in Land Lots 592, 605, 606 and 639 of the 1st
District, 2nd Section, Alpharetta, Fulton County, Georgia.
(q) Security Deposit. $21,292.67, to be held by Landlord in
accordance with the provisions of Paragraph 3.
2. PREMISES AND TERM.
(a) In consideration of the obligation of Tenant to pay Rent
as herein provided, and in consideration of the other terms, provisions and
covenants hereof, Landlord hereby demises and leases the Premises to Tenant, and
Tenant hereby accepts and leases the Premises from Landlord for the Term. During
the Term, Tenant shall have the right to use the Common Areas in common with
others and in accordance with the Rules and Regulations.
(b) The "Commencement Date" shall be the date set forth in
Paragraph 1 above.
(c) Intentionally Omitted.
(d) By remaining in possession of the Premises upon the
expiration of the "Extended Sublease Term" (as hereinafter defined), Tenant
shall be deemed to have accepted the Premises "as-is" and agreed that the
Premises, the Building and the Common Areas are then in good and satisfactory
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