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Title: |
Industrial Lease |
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Entities: |
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Date: |
2007 |
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Preview shows 42KB of 188KB total |
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Price: |
$49 |
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ID: |
#2869017 |
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INDUSTRIAL LEASE
(Single Tenant; Net)
Between
THE IRVINE COMPANY
And
INTRALASE CORP.
INDEX TO INDUSTRIAL LEASE
(Single Tenant; Net)
| ARTICLE I. | BASIC LEASE PROVISIONS | |
| ARTICLE II. | PREMISES | |
| Section 2.1 | Leased Premises | |
| Section 2.2 | Acceptance of Premises | |
| Section 2.3 | Building Name and Address | |
| Section 2.4 | Landlords Responsibility | |
| ARTICLE III. | TERM | |
| Section 3.1 | General | |
| Section 3.2 | Delay in Possession | |
| Section 3.3 | Right to Extend this Lease | |
| ARTICLE IV. | RENT AND OPERATING EXPENSES | |
| Section 4.1 | Basic Rent | |
| Section 4.2 | Operating Expenses | |
| Section 4.3 | Security Deposit | |
| Section 4.4 | Letter of Credit | |
| ARTICLE V. | USES | |
| Section 5.1 | Use | |
| Section 5.2 | Signs | |
| Section 5.3 | Hazardous Materials | |
| ARTICLE VI. | SERVICES AND PARKING | |
| Section 6.1 | Utilities and Services | |
| Section 6.2 | Parking | |
| Section 6.3 | Changes and Additions by Landlord | |
| ARTICLE VII. | MAINTAINING THE PREMISES | |
| Section 7.1 | Tenants Maintenance and Repair | |
| Section 7.2 | Landlords Maintenance and Repair | |
| Section 7.3 | Alterations | |
| Section 7.4 | Mechanics Liens | |
| Section 7.5 | Entry and Inspection | |
| ARTICLE VIII. | TAXES AND ASSESSMENTS ON TENANTS PROPERTY | |
| ARTICLE IX. | ASSIGNMENT AND SUBLETTING | |
| Section 9.1 | Rights of Parties | |
| Section 9.2 | Effect of Transfer | |
| Section 9.3 | Sublease Requirements | |
| Section 9.4 | Certain Transfers | |
| ARTICLE X. | INSURANCE AND INDEMNITY | |
| Section 10.1 | Tenants Insurance | |
| Section 10.2 | Landlords Insurance | |
| Section 10.3 | Joint Indemnity | |
| Section 10.4 | Landlords Nonliability | |
| Section 10.5 | Waiver of Subrogation | |
| ARTICLE XI. | DAMAGE OR DESTRUCTION | |
| Section 11.1 | Restoration | |
| Section 11.2 | Lease Governs | |
| ARTICLE XII. | EMINENT DOMAIN | |
| Section 12.1 | Total or Partial Taking | |
| Section 12.2 | Temporary Taking | |
| Section 12.3 | Taking of Parking Area | |
| ARTICLE XIII. | SUBORDINATION; ESTOPPEL CERTIFICATE; FINANCIALS | |
| Section 13.1 | Subordination | |
| Section 13.2 | Estoppel Certificate | |
| Section 13.3 | Financials | |
i
| ARTICLE XIV. | DEFAULTS AND REMEDIES | |
| Section 14.1 | Tenants Defaults | |
| Section 14.2 | Landlords Remedies | |
| Section 14.3 | Late Payments | |
| Section 14.4 | Right of Landlord to Perform | |
| Section 14.5 | Default by Landlord | |
| Section 14.6 | Expenses and Legal Fees | |
| Section 14.7 | Waiver of Jury Trial | |
| Section 14.8 | Satisfaction of Judgment | |
| Section 14.9 | Limitation of Actions Against Landlord | |
| ARTICLE XV. | END OF TERM | |
| Section 15.1 | Holding Over | |
| Section 15.2 | Merger on Termination | |
| Section 15.3 | Surrender of Premises; Removal of Property | |
| ARTICLE XVI. | PAYMENTS AND NOTICES | |
| ARTICLE XVII. | RULES AND REGULATIONS | |
| ARTICLE XVIII. | BROKERS COMMISSION | |
| ARTICLE XIX. | TRANSFER OF LANDLORDS INTEREST | |
| ARTICLE XX. | INTERPRETATION | |
| Section 20.1 | Gender and Number | |
| Section 20.2 | Headings | |
| Section 20.3 | Joint and Several Liability | |
| Section 20.4 | Successors | |
| Section 20.5 | Time of Essence | |
| Section 20.6 | Controlling Law | |
| Section 20.7 | Severability | |
| Section 20.8 | Waiver and Cumulative Remedies | |
| Section 20.9 | Inability to Perform | |
| Section 20.10 | Entire Agreement | |
| Section 20.11 | Quiet Enjoyment | |
| Section 20.12 | Survival | |
| ARTICLE XXI. | EXECUTION AND RECORDING | |
| Section 21.1 | Counterparts | |
| Section 21.2 | Corporate and Partnership Authority | |
| Section 21.3 | Execution of Lease; No Option or Offer | |
| Section 21.4 | Recording | |
| Section 21.5 | Amendments | |
| Section 21.6 | Executed Copy | |
| Section 21.7 | Attachments | |
| ARTICLE XXII. | MISCELLANEOUS | |
| Section 22.1 | Nondisclosure of Lease Terms | |
| Section 22.2 | Guaranty | |
| Section 22.3 | Changes Requested by Lender | |
| Section 22.4 | Mortgagee Protection | |
| Section 22.5 | Covenants and Conditions | |
| Section 22.6 | Security Measures | |
| Section 22.7 | JAMS | |
| Section 22.8 | Contingency Acknowledgment | |
| EXHIBITS | ||
| Exhibit A | Description of the Premises | |
| Exhibit A-I | Description of the Site | |
| Exhibit A-2 | Current Tenant Sublease Premises | |
| Exhibit B | Environmental Questionnaire | |
| Exhibit C | Landlords Disclosures | |
| Exhibit D | Insurance Requirements | |
| Exhibit E | Rules and Regulations | |
| Exhibit X | Work Letter | |
| Exhibit X-1 | Description of Tenant Improvements | |
ii
INDUSTRIAL LEASE
(Single Tenant; Net)
THIS LEASE is made as of the 7th day of September, 2000, by and between THE IRVINE COMPANY, a Delaware corporation, hereafter called Landlord, and INTRALASE CORP., a Delaware corporation, hereinafter called Tenant.
ARTICLE I. BASIC LEASE PROVISIONS
Each reference in this Lease to the Basic Lease Provisions shall mean and refer to the following collective terms, the application of which shall be governed by the provisions in the remaining Articles of this Lease.
| 1. | Premises: The Premises are more particularly described in Section 2.1. |
| 2. | Address of Building: 3 Morgan, Irvine, CA |
| 3. | Use of Premises: General office, r&d, light manufacturing, laboratory, warehousing, assembly and shipping of medical devices. |
| 4. | Commencement Date: October 15, 2000 |
| 5. | Lease Term: The Term of this Lease shall expire at midnight on October 31, 2005. |
| 6. | Basic Rent: Forty Three Thousand Four Hundred Seventy-Two Dollars ($43,472.00) per month, based on $1.05 per rentable square foot. |
Basic Rent is subject to adjustment as follows:
Commencing November 1,2002, the Basic Rent shall be Forty Five Thousand Five Hundred Forty-Two Dollars ($45,542.00) per month, based on $1.10 per rentable square foot.
Commencing November 1, 2003, the Basic Rent shall be Forty Seven Thousand Six Hundred Twelve Dollars ($47,612.00) per month, based on $1.15 per rentable square foot.
| 7. | Guarantor(s): N/A |
| 8. | Floor Area of Premises: approximately 41,402 rentable square feet |
| 9. | Security Deposit: $52,374.00 [see also Section 4.4 for Letter of Credit requirements] |
| 10. | Broker(s): The Staubach Company |
| 11. | Additional Insureds: Insignia\ESG, Inc. |
| 12. | Address for Payments and Notices: |
| LANDLORD | TENANT | |
| THE IRVINE COMPANY | INTRALASE CORP. | |
| c/o Insignia/ESG, Inc. | 3 Morgan | |
| 43 Discovery, Suite 120 | Irvine, CA 92618 | |
| Irvine, CA 92618 | ||
| with a copy of notices to: | with a copy of notices to: | |
| THE IRVINE COMPANY | STRADLING YOCCA CARLSON & RAUTH | |
| dba Irvine Industrial Company | 660 Newport Center Drive | |
| P.O. Box 6370 | Suite 1600 | |
| Newport Beach, CA 92658-6370 | Newport Beach, CA 92660 | |
| Attn: Vice President, Industrial Operations | Attn: Richard Needham, Esq. | |
| 13. | Tenants Liability Insurance Requirement: $2,000,000.00 |
| 14. | Vehicle Parking Spaces: One hundred fifteen (115) |
ARTICLE II. ARTICLE IL PREMISES
SECTION 2.1. LEASED PREMISES. Landlord leases to Tenant and Tenant leases from Landlord the premises shown in EXHIBIT A (the Premises), including the building identified in Item 1 of the Basic Lease Provisions (which together with the underlying real property, is called the Building), and containing approximately the floor area set forth in Item 8 of the Basic Lease Provisions. The Building is located on the site (the Site) shown on EXHIBIT A-1 attached hereto.
SECTION 2.2. ACCEPTANCE OF PREMISES. Tenant acknowledges that neither Landlord nor any representative of Landlord has made any representation or warranty with respect to the Premises or the Building or the suitability or fitness of either for any purpose, including without limitation any representations or warranties regarding zoning or other land use matters, and that neither Landlord nor any representative of Landlord has made any representations or warranties regarding (i) what other tenants or uses may be permitted or intended in the Building or on the Site, or (ii) any exclusivity of use by Tenant with respect to its permitted use of the Premises as set forth in Item 3 of the Basic Lease Provisions. Tenant further acknowledges that neither Landlord nor any representative of Landlord has agreed to undertake any alterations or additions or construct any improvements to the Premises except as expressly provided in this Lease. Landlord shall complete the Tenant Improvements (defined in the Work Letter attached as EXHIBIT X hereto) prior to the Commencement Date. The taking of possession or use of the Premises by Tenant for its business operations shall conclusively establish that the Premises and the Building were in satisfactory condition and in conformity with the provisions of this Lease in all respects, except for those matters which Tenant shall have brought to Landlords attention on a written punch list. The list shall be limited to any items required to be accomplished by Landlord under the Work Letter attached as Exhibit X, and shall be delivered to Landlord within thirty (30) days after the term (Term) of this Lease commences as provided in Article Ill below. If no items are required of Landlord under the Work Letter, by taking possession of the Premises Tenant accepts the improvements in their existing condition, and waives any right or claim against Landlord arising out of the condition of the Premises. Nothing contained in this Section shall affect the commencement of the Term or the obligation of Tenant to pay rent. Landlord shall diligently complete all punch list items of which it is notified as provided above.
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