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SEC Filings

S-1
PROTEON THERAPEUTICS INC filed this Form S-1 on 09/16/2014
Entire Document
 

 

8.9

Subtenants and Other Occupants

42

8.10

No Violation of Building Policies

42

8.11

Tenant to Pay Premium Increases

42

8.12

Landlord’s Insurance

43

8.13

Waiver of Subrogation

43

8.14

Tenant’s Work

44

 

 

 

ARTICLE IX

45

Miscellaneous Provisions

45

9.1

Waiver

45

9.2

Cumulative Remedies

45

9.3

Quiet Enjoyment

45

9.4

Notice to Mortgagee and Ground Lessor

46

9.5

Assignment of Rents

47

9.6

Surrender

47

9.7

Brokerage

48

9.8

Invalidity of Particular Provisions

48

9.9

Provisions Binding, etc.

48

9.10

Recording; Confidentiality

49

9.11

Notices

49

9.12

When Lease Becomes Binding and Authority

50

9.13

Section Headings

50

9.14

Rights of Mortgagee

50

9.15

Status Reports and Financial Statements

51

9.16

Self-Help

52

9.17

Holding Over

52

9.18

Security Deposit

53

9.19

Late Payment

54

9.20

Tenant’s Payments

54

9.21

Waiver of Trial by Jury

55

9.22

Governing Law

55

9.23

Tenant’s Force Majeure

55

 

ARTICLE II

 

Building, Premises, Term and Rent

 

2.1          The Premises

 

Landlord hereby demises and leases to Tenant, and Tenant hereby hires and accepts from Landlord, Tenant’s Premises in the Building excluding exterior faces of exterior walls, the common stairways and stairwells, elevators and elevator wells, fan rooms, electric and telephone closets, janitor closets, and pipes, ducts, conduits, wires and appurtenant fixtures serving exclusively, or in common, other parts of the Building, and if Tenant’s Premises includes less than the entire rentable area of any floor, excluding the common corridors, elevator lobbies and toilets located on such floor.

 

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Tenant’s Premises with such exclusions is hereinafter referred to as the “Premises.” The term “Building” means the Building identified on the first page, and which is the subject of this Lease; the term “Site” means all, and also any part of the Land described in Exhibit A, plus any additions or reductions thereto resulting from the change of any abutting street line and all parking areas and structures. The term “Property” means the Building and the Site.

 

2.1.1       Relocation of Tenant’s Premises

 

Tenant hereby agrees with Landlord that, upon at least sixty (60) days prior notice from Landlord to Tenant given not more than once during the Original Term, Tenant shall relocate from the Premises then demised to Tenant under this Lease (the “Original Premises”) to other premises which are comparable to the Original Premises in terms of size and general layout and contain at least the same number of comparably sized offices and conference rooms as the Original Premises (the “Relocated Premises”) within the Building and upon such relocation the Relocated Premises shall become the premises demised under this Lease and wherever the term “Premises” is used herein the same thereafter shall mean and refer to the Relocated Premises. Landlord, at its sole cost and expense, shall perform the partitioning of the Relocated Premises and shall place the same into substantially equivalent condition to that in which the Original Premises were in prior to such relocation, and Landlord shall also reimburse Tenant for Tenant’s reasonable out-of-pocket moving expenses in so relocating to the Relocated Premises upon billing therefor from Tenant, which billing shall include reasonable evidence thereof in the form of paid invoices, receipts and the like. Landlord shall use reasonable efforts to coordinate such relocation so as to minimize disruption with Tenant’s business. Tenant shall not be required to vacate the Original Premises and to relocate to the Relocated Premises until the Relocated Premises shall be substantially complete subject to punch list items. In connection with the foregoing, it is understood and agreed that in the event of any such relocation, Tenant’s payments on account of Annual Fixed Rent, operating expenses and real estate taxes for the Relocated Premises during the Original Term shall not exceed the amounts that would have been payable for the same by Tenant for the Original Premises for the same time period had the relocation not occurred. Upon any such relocation the Tenant shall enter into an amendment to this Lease confirming such relocation, but the Tenant’s failure to enter into such amendment shall not affect in any manner the relocation of the Premises demised under this Lease from the Original Premises to the Relocated Premises.

 

2.2          Rights to Use Common Facilities

 

Subject to Landlord’s right to change or alter any of the following in Landlord’s discretion as herein provided, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use in common with others, subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord of which Tenant is given notice (a) the common lobbies, corridors, stairways, elevators and

 

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