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Industrial Lease

 

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Title:

Industrial Lease

Entities:

Advanced Medical Optics, Inc.

Date:

2007

Size:

Preview shows 42KB of 188KB total

Price:

$49

ID:

#2869017

 

 

► Leasing ► Industrial Lease Agreements
► Healthcare ► Medical Equipment & Supplies

 

 

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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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