16. Exterior Signage. As of the Expansion Premises Commencement Date, Tenant shall have the non-exclusive right, at Tenants sole cost and expense, to install a single exterior, commercially reasonable identification sign on the exterior of the parking garage of the Building (the Exterior Signage), the design and location of which is subject to prior written approval by Landlord and by the City of Stamford, Connecticut. Such signage shall comply in all respects with Landlords Building-wide specifications and standards. Tenant shall use backlit brushed chrome and use Landlords designated vendor to maintain the exterior signage consistency that currently exists. Landlord shall permit Tenant to install such Exterior Signage, subject to Tenants compliance with the terms of Article9 of the Lease, including compliance with all applicable Laws. Tenants right to the Exterior Signage shall be exclusive to the original named Tenant herein (i.e., LOXO Oncology,Inc.) or LOXO and shall only continue for the period of time that the Tenant has not terminated the Lease with respect to any portion of the Premises or surrendered any portion of the Premises. Tenant shall be responsible at Tenants cost and expense for the maintenance of the Exterior Signage. Tenant agrees, upon Landlords request, to remove, at Tenants cost and expense, the Exterior Signage upon failing to meet the occupancy standard and at the expiration or sooner termination of the Lease, and to reasonably repair and restore any areas damaged by such removal. Tenants obligations under this Sectionshall survive the expiration or earlier termination of the Lease. Two (2)renderings of Tenants proposed Exterior Signage are attached hereto as ExhibitD, Landlord hereby consenting to same. Tenant shall notify Landlord which rendering of the Exterior Signage Tenant has selected prior to installation.
this Section 10.2, have a right of first refusal to install, on an exclusive basis, its name on the exterior of the Building ("Conditional Exterior Signage"), such right to be exercised, if at all, by Tenant providing written notice to Landlord of Tenant's exercise of such right no later than thirty (30) days after the date Landlord provides Tenant with written notice that such exterior signage is available or is expected to become available, which Landlord shall provide promptly once it is aware that such exterior signage is available or is expected to become available.The graphics, materials, color, design, lettering, lighting, size, specifications, manner of affixing and exact location of Tenant's Conditional Exterior Signage shall be subject to Landlord's reasonable approval.Tenant shall pay for all costs and expenses related to Tenant's Conditional Exterior Signage, including, without limitation, costs of the design, construction, installation, maintenance, insurance, utilities, repair and replacement thereof; provided, however, that Landlord shall install, maintain and repair the Conditional Exterior Signage.Landlord shall not provide the right to any exterior signage on the Building to any other tenant at the Building or any other person or entity that would be effective at any time when Tenant's exterior signage rights under this Section 10.2 are effective (but Landlord shall have the right to provide conditional Building exterior signage rights to a tenant which would only be effective once Tenant's Exterior Signage rights are no longer in effect).
(i) The Exterior Signage, including size, graphics, color, and illumination must first be approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall submit to Landlord for its approval plans (including an electric plan) and specifications detailing the design and proposed manner of installation of the Exterior Signage. Following approval by Landlord of the plans and specifications, and approval by Tenant of the cost of the work and the proposed Exterior Signage location. Tenant shall contract with a signage contractor acceptable to Landlord to install the Exterior Signage and with an electrical contractor acceptable to Landlord with respect to any electrical work required for the illumination of the Exterior Signage. All contractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. Certificates of such insurance must be received by Landlord before the work is commenced. The work shall be performed in such a manner and at such times as to maintain harmonious labor relations and not to interfere with or delay Landlords other contractors, the operation of the Building, and the occupancy thereof by other tenants. The contractors shall contact Landlords management office for the Complex and schedule time periods during which they may use Building facilities in connection with the work (e.g., elevators etc.). Tenant shall repair any damage to the Building caused by the installation of the Exterior Signage. The installation, maintenance and removal of the Exterior Signage may not disrupt or interfere in any way with the business or operations of any other tenant in the Building and may not obstruct the view of any tenant in the Building.
expiration or earlier termination of the Term of the Lease, or at Landlords option, upon transfer or assignment of Tenants interest under the Lease, or in the event. Tenant is no longer in occupation of any part of the Premises, Tenant shall remove the Exterior Signage. Upon any removal of the Exterior Signage, Tenant shall, at Tenants sole cost, repair any damage to the Building caused by such removal and restore the area where the Exterior Signage was located to the condition existing prior to installation.
4.Exterior Signage.In addition to Tenant’s Exterior Signage rights pursuant to: (i) Section 11 of the First Amendment; and (ii) Section 17.4 of the Original Lease, Tenant, at its sole cost and expense, shall have the right to install one (1) additional exterior sign on the façade of the Building subject to all terms and conditions of Section 17.4 of the Original Lease.For purposes of confirmation herein, Tenant shall have the right to install a total of three (3) exterior signs on the façade of the Building subject to all terms and conditions of Section 17.4 of the Original Lease.
23.5Exterior Signage.Subject to the terms of this Article 23, the prior approval of the City of Carlsbad and Landlord (which shall not be unreasonably withheld, delayed or conditioned) and Tenant complying with all Applicable Laws, Landlord hereby grants to Tenant the right, at Tenants sole cost and expense, provided that Tenant is at all times during the Lease Term leasing and occupying (i.e., conducting business in) at least 60% of the Premises and is not in default under this Lease (beyond applicable notice and cure periods), to design, permit, install and maintain identifying signage on (i)the northeast corner of the Building (the Building Exterior Sign), located on the Northeast corner of the building (facing East), which signage shall be the maximum amount and size of signage permitted by applicable law; and (ii)a strip containing Tenants name on the top position on a non-exclusive Building monument sign (Monument Sign). The Building Exterior Sign and the Monument Sign are hereinafter collectively referred to as Tenants Exterior Signage.
Exterior Signage, as evidenced by audited financial statements which Tenant shall provide to Landlord for such period; (iv)in no event shall Tenant sublease any of the Premises or other space occupied by Tenant within the Project for a term (including options) expiring within the last two (2) years of the Modified Term; and (v)Tenant shall pay to Landlord the full amount of any taxes, fees or other costs imposed upon Landlord by any governmental authority in connection with the Exterior Signage.In the event that at any time during the Modified Term Tenant fails to fulfill any of the foregoing conditions, Tenants right to the Exterior Signage shall thereupon terminate and Tenant shall remove such Exterior Signage as provided in Section10.4 below.The rights to the Exterior Signage shall be personal to Original Tenant and any Permitted Transferee and may not otherwise be transferred.Notwithstanding the foregoing, Landlords prior approval, which shall not be unreasonably withheld, shall be required for any change to the Exterior Signage resulting from a transfer of Exterior Signage rights to a Permitted Transferee.Landlord and Tenant hereby agree that it shall be deemed to be reasonable under this Section10.3 and Applicable Laws for Landlord to withhold consent to changes to the Exterior Signage resulting from a transfer of the Exterior Signage rights to any proposed Permitted Transferee if (a)the name to be placed on the Exterior Signage is the name of a Permitted Transferee whose character or reputation is inconsistent with the quality of the Building or Project, or if such Permitted Transferee is engaged in a business which is inconsistent with the quality of the Building or Project, (b)the name of such Permitted Transferee would be significantly less prestigious than Original Tenant, or (c)the name to be placed on the Exterior Signage is the name of a Permitted Transferee whose primary business is the same as, or substantially similar to, the primary business of any existing or planned occupant of the Project as of the date on which Landlord is advised in writing by Tenant of the Transfer or proposed Transfer to such Permitted Transferee.
10.4 Maintenance and Repair of Exterior Signage.Landlord shall maintain the Exterior Signage to the extent necessary as determined by Landlord, including partial or complete replacement of the Exterior Signage and any appurtenances related thereto, and shall charge Tenant as Additional Rent for the actual cost of any such work.
10.5 Removal of Exterior Signage.Upon the expiration or earlier termination of the Lease (or the termination of Tenants Exterior Signage right as described above), Tenant shall, at Tenants sole cost and expense, cause the Exterior Signage to be removed from the exterior of the Project and shall cause the exterior of the Project to be restored to the condition existing prior to the placement of such Exterior Signage.If Tenant fails to remove such Exterior Signage and to restore the exterior of the Project as provided in the immediately preceding sentence within thirty (30) days following the expiration or earlier termination of the Lease (or the termination of Tenants Signage as provided above), then Landlord may perform such work, and all costs and expenses incurred by Landlord in so performing such work, plus interest at the Interest Rate from the date of Landlords payment of such costs to the date of Tenants reimbursement of Landlord, shall be reimbursed by Tenant to Landlord within ten (10) days after Tenants receipt of invoice therefor.The immediately preceding sentence shall survive the expiration or earlier termination of the Lease.
23.5.2 Specifications and Permits. Tenants Exterior Signage shall set forth Tenants name and logo as determined by Tenant in its sole discretion; provided, however, in no event shall Tenants Exterior Signage include an Objectionable Name, as that term is defined in Section23.5.3, below. The graphics, materials, color, design, lettering, lighting, size, illumination, specifications and exact location of Tenants Exterior Signage (collectively, the Sign Specifications) shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and shall be consistent and compatible with the quality and nature of the Project and Landlords Building standard signage specifications. In addition, Tenants Exterior Signage shall be subject to Tenants receipt, at Tenants sole cost, of all required governmental permits and approvals and shall be subject to all applicable laws and to any covenants, conditions and restrictions affecting the Project. Landlord shall, at no cost to Landlord, use commercially reasonable efforts to assist Tenant in obtaining necessary governmental permits and approvals for Tenants Exterior Signage. Tenant hereby acknowledges that Landlord has made no representation or warranty to Tenant with respect to the probability of obtaining any of the necessary governmental approvals and/or permits for Tenants Exterior Signage. In the event Tenant does not receive the necessary governmental approvals and permits for Tenants Exterior Signage, Tenants and Landlords rights and obligations under the remaining terms and conditions of the Lease shall be unaffected.
23.2 Exterior Signage. Subject to the terms of this Section23.2, Tenant shall be entitled to install one sign on the exterior of the Building (the Exterior Signage). Landlord hereby consents to the three (3)locations of the Exterior Signage as shown on ExhibitG attached hereto.
name and/or logo. In addition, Exterior Signage shall be subject to Tenants receipt of all required governmental permits and approvals and shall be subject to all Applicable Laws and to any covenants, conditions and restrictions affecting the Project. Landlord shall use commercially reasonable efforts, at no cost to Landlord, to assist Tenant in obtaining all necessary governmental permits and approvals for Exterior Signage. Tenant hereby acknowledges that, notwithstanding Landlords approval of Exterior Signage, Landlord has made no representation or warranty to Tenant with respect to the probability of obtaining all necessary governmental approvals and permits for Exterior Signage. In the event Tenant does not receive the necessary governmental approvals and permits for Exterior Signage, Tenants and Landlords rights and obligations under the remaining terms and conditions of this Lease shall be unaffected.
23.2.3 Termination of Right to Exterior Signage. The rights contained in this Section23.2 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised and maintained by the Original Tenant or any Permitted Transferee Assignee (and not any other assignee, sublessee or other transferee of the Original Tenants interest in this Lease) to the extent that the Original Tenant or any Permitted Transferee Assignee leases at least two (2)full floors of the Premises (irrespective of occupancy).
23.2.4 Cost, Maintenance and Removal of Exterior Signage. The costs of the actual sign comprising the particular Exterior Signage and the installation, design, construction, and any and all other costs associated with Exterior Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of Tenant, at Tenants sole cost and expense. Landlord and Tenant hereby expressly acknowledge and agree that Exterior Signage shall be installed and removed by a vendor designated by Landlord, and therefore Tenant shall contract with such Landlord designated vendor to perform the work identified herein. Tenant shall be responsible, and shall bear the cost, to maintain, repair and replace the Exterior Signage in good, first-class condition and repair during the Lease Term. Upon the expiration or earlier termination of this Lease, Tenant shall, at Tenants sole cost and expense, cause Exterior Signage to be removed and shall cause the area in which such Exterior Signage was located to be restored to the condition existing immediately prior to the installation of such Exterior Signage. If Tenant fails to timely remove such Exterior Signage or to restore the areas in which such Exterior Signage was located, as provided in the immediately preceding sentence, then Landlord may perform such work, and all costs incurred by Landlord in so performing shall be reimbursed by Tenant to Landlord within thirty (30)days after Tenants receipt of an invoice therefor. The terms of this Section23.2.4 shall survive the expiration or earlier termination of this Lease.
12.3 Exterior Signage. Provided that and for so long as Tenant is then occupying at least sixty percent (60%)of the rentable square feet of the Building, Tenant shall have the right to erect and maintain one or more signs on the exterior of the Building (the Exterior Signage), provided (i)the Exterior Signage complies with all Legal Requirements (and Tenant shall have obtained any necessary permits prior to erecting the Exterior Signage), (ii)the number of exterior signs shall not exceed the maximum number of exterior signs allowed by Legal Requirements, less one (1)decal sign to be located on or near the Albany Street entrance which shall be dedicated to another tenant of the Building (provided, however, if only one (1)sign is allowed by Legal Requirements, the number of exterior signs shall not exceed the maximum number of exterior signs allowed by Legal Requirements and Tenant shall have the right to erect one (1)sign); (iii)the location of the Exterior Signage shall be subject to Landlords reasonable approval, (iv)the materials, design, lighting and method of installation of the Exterior Signage, and any requested changes thereto, shall be subject to Landlords prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, (v)Tenant shall at all times maintain the Exterior Signage in good order, condition and repair and shall remove the Exterior Signage at the expiration or earlier termination of the Term hereof or upon Landlords written demand after the failure of Tenant to comply with the provisions of this Section12.3, and shall repair any damage to the Building caused by the Exterior Signage or the installation or removal thereof. Tenant shall have the right, from time to time throughout the term of this Lease, to replace its signage (if any) with signage which is equivalent to the signage being replaced, subject to all of the terms and conditions of this Section12.3.
(k)School Exterior Signage. SCA acknowledges Developer’s desire that exterior signage for the Public School be harmonious with Developer’s overall signage criteria for the Building. Accordingly, SCA agrees to afford reasonable cooperation to the School Base Building Architect so that the School Base Building Architect may develop an exterior signage plan for the Public School that meets SCA’s functional requirements and is also integrated with the overall exterior signage plan for the Building. Promptly upon Developer’s request, SCA shall (i) furnish Developer with any required SCA specifications for exterior signage for the Public School, (ii) review and give all reasonable consideration to proposed exterior signage plans for the Public School (and revisions thereto) prepared by the School Base Building Architect, and (iii) meet with Developer and the School Base Building Architect to discuss SCA comments on exterior signage plans for the Public School (or revisions thereto) prepared by the School Base Building Architect. All costs and expenses in connection with the School Exterior Signage shall be borne by SCA (and shall not be considered Public School Project Costs), and all work in connection with the same shall not be considered School Base Building Work. The Condominium Documents set forth the currently agreed upon signage requirements. This paragraph shall survive Closing.
41.2 Landlord shall use commercially reasonable efforts to install the Exterior Signage (at Tenants expense) within thirty (30) days after Landlords receipt thereof from Tenant, but no sooner than thirty (30) days prior to the date that Tenant commences the conduct of its business in the Premises (subject to force majeure and delays by Tenant and/or its agents, contractors and/or employees). Notwithstanding the foregoing, at Landlords option, Tenant at its expense shall install the Exterior Signage upon and subject to the terms hereof. Landlord shall maintain, repair, clean, polish (if applicable) and (when necessary) replace or restore the Exterior Signage (all at Tenants expense). Tenant at its expense shall at all times comply with all present and future Legal Requirements applicable to the Exterior Signage. Any governmental approvals, permits or licenses required in connection with the Exterior Signage shall be obtained and maintained by Tenant, at Tenants expense, and without cost or liability to Landlord. Landlord has made no representations or warranties, written or oral, with respect to whether all governmental approvals, permits or licenses that may be required in connection therewith may be obtained, but Landlord shall reasonably cooperate with Tenant, at the expense of Tenant, in connection with the obtaining and maintaining by Tenant thereof in accordance with the terms of Section5.4 hereof.
11.Exterior Signage.In addition to Tenant’s Exterior Signage rights under Section 17.4 of the Lease, Tenant shall have the right to install one (1) additional exterior sign on the façade of the Expansion Premises containing the name and logo of Tenant.
(b)Exterior Signage.Subject to the provisions of this Section 12.2(b), for so long as:(x) there is no Event of Default of Tenant, (y) the Lease is in full force and effect, and (z) Landlord has permitted another existing tenant of the Building to install one or more signs on the exterior façade of the Building (the “Exterior Signage Condition”), Tenant shall be entitled to install signage representing its proportionate share based on the rentable area of the Premises on the exterior façade of the Building, at Tenant’s sole cost and expense (“Tenant’s Exterior Signage”). Tenant’s Exterior Signage and the installation thereof shall be (i) subject to the approval by Landlord of the plans and specifications therefor, and (ii) subject to and in accordance with all applicable Legal Requirements, including applicable zoning approvals.The right to the Tenant’s Exterior Signage granted pursuant to this Section 12.2(b) is personal to Tenant, and may not be exercised by any occupant, subtenant, or other assignee of Tenant, other than an Affiliated Entity or Successor (the parties hereby agreeing that Tenant shall be responsible for the cost of any change in Tenant’s Exterior Signage). The parties hereby agree that the maintenance and removal of such Tenant’s Exterior Signage (including, without limitation, the repair and cleaning of the existing Building façade upon removal of Tenant’s Exterior Signage) shall be performed by Landlord on behalf of Tenant, at Tenant’s sole cost and expense, and will be paid for by Tenant to Landlord based on the cost incurred by Landlord for such maintenance and removal, all due and payable within thirty (30)days after receipt of billing by Landlord.
3. EXTERIOR SIGNAGE. Tenant shall have the right to install either an exterior sign at the top of the northeast corner of the Building or one (1)eyebrow sign at a location mutually acceptable to Landlord and Tenant (the Exterior Signage) which signage shall consist only of the name BioNano Genomics, Inc., or such other name as reasonably approved by Landlord that Tenant may request to the extent that the name of Tenants business changes. The type and design of such signage shall be subject to the prior written approval of Landlord and the City of San Diego, and shall be consistent with Landlords signage criteria for the Project. Fabrication, installation, insurance, and maintenance of such signage shall be at Tenants sole cost and expense. Tenant understands and agrees that it shall use Landlords designated contractor for installing the Exterior Signage. Should Tenant fail to have the Exterior Signage installed within 12 months of the Commencement Date, then Tenants right to install same thereafter shall be deemed null and void. Except for the foregoing, no sign, advertisement or notice visible from the exterior of the Premises shall be inscribed, painted or affixed by Tenant on any part of the Premises without the prior consent of Landlord. Tenants signage right shall belong solely to BioNano Genomics, Inc. and may not be transferred or assigned (except in connection with assignment Permitted Transfer of this Lease as described in Section9.1(e) hereof) without Landlords prior written consent which may be withheld by Landlord in Landlords sole discretion. In the event Tenant (together with any of Tenants assignees or subtenants pursuant to a Permitted Transfer), exclusive of any other subtenant(s), fails to occupy less that eighty percent (80%) the entire Premises, then Tenant shall, within thirty (30)days following) notice from Landlord, remove the Exterior Signage at Tenants expense. Tenant shall also remove such signage promptly following the expiration or earlier termination of the Lease. Any such removal shall be at Tenants sole expense, and Tenant shall bear the cost of any resulting repairs to the Building that are reasonably necessary due to the removal.
12.2 Exterior Signage. Provided that and for so long as Tenant is then occupying at least eighty percent (80%) of the rentable square feet of the Premises, Tenant shall have the right to erect and maintain at the entrance to the Premises one (1)sign identifying Tenants business, the size of which shall not exceed Tenants Share of the exterior Building signage allowed by Legal Requirements (the Exterior Signage), provided (i)the Exterior Signage complies with (A)the requirements of Exhibit12 attached hereto and made a part hereof and (B)all Legal Requirements (and Tenant shall have obtained any necessary permits prior to erecting the Exterior Signage), (ii)the location of the Exterior Signage shall be subject to Landlords approval, (iii)the materials, design, lighting and method of installation of the Exterior Signage, and any requested changes thereto, shall be subject to Landlords prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, and (iv)Tenant shall at all times maintain the Exterior Signage in good order, condition and repair and shall remove the Exterior Signage at the expiration or earlier termination of the Term hereof or upon Landlords written demand after the failure of Tenant to comply with the provisions of this Section12.2, and shall repair any damage to the Building caused by the Exterior Signage or the installation or removal thereof. Tenant shall have the right, from time to time throughout the term of this Lease, to replace its signage (if any) with signage which is equivalent to the signage being replaced, subject to all of the terms and conditions of this Section12.2.
23.1Exterior Signage.Subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, and provided all signs are in keeping with the quality, design and style of the Building and Project, Tenant, at its sole cost and expense, may install identification signage at the exterior entrance to the Building, as well as internal directional, suite entry and lobby identification signage and directory (collectively, "Tenant Signage"); provided, however, in no event shall Tenant's Signage include an "Objectionable Name," as that term is defined in Section23.3, of this Lease.All such signage shall be subject to Tenant's obtaining all required governmental approvals.All permitted signs shall be maintained by Tenant at its expense in a first-class and safe condition and appearance.Upon the expiration or earlier termination of this Lease, Tenant shall remove all of its signs at Tenant's sole cost and expense.The graphics, materials, color, design, lettering, lighting, size, illumination, specifications and exact location of Tenant's Signage (collectively, the "Sign Specifications") shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and shall be consistent and compatible with the quality and nature of the Project.Tenant hereby acknowledges that, notwithstanding Landlord's approval of Tenant's Signage, Landlord has made no representation or warranty to Tenant with respect to the probability of obtaining all necessary governmental approvals and permits for Tenant's Signage.In the event Tenant does not receive the necessary governmental approvals and permits for Tenant's Signage, Tenant's and Landlord's rights and obligations under the remaining terms of this Lease shall be unaffected.If Landlord elects to install a multi-tenant identification sign at the entrance to the Project, Tenant shall be entitled to install its name on such sign (subject to availability on a pro-rata basis based on the relative square footages leased by the tenants of the Project), at Tenant's sole cost and expense.
Notwithstanding any consent given to Tenant by Landlord for Tenant’s work, Landlord retains the absolute, sole control over the exterior appearance of the Building and the exterior appearance of the Premises, and Tenant shall not, without Landlord’s written consent, install any lighting, decorations, paintings, drapes, window coverings, blinds, shades, signs, lettering, placards, doors or advertising media of any type which can be viewed from the exterior of the Building. Tenant shall make no other alterations in or improvements to said Premises without first obtaining the written consent of Landlord, said consent not to be unreasonably withheld. Landlord retains the right to approve any and all exterior signage. Tenant signage will conform with signage criteria listed on Exhibit “B”, and shall be subject to all governing laws, rules, regulations and codes. All additions and improvements made by Tenant (except only office furniture and/or trade fixtures) shall become the property of Landlord on the termination of this Lease or the termination of the occupancy of the Premises or at Landlord’s option, removed at Tenant’s expense.