Exhibit 10.9
LEASE AGREEMENT
BETWEEN
SL 4000 CONNECTICUT LLC
("LANDLORD")
AND
INTELSAT GLOBAL SERVICE LLC
("TENANT")
*
*
*
3400 INTERNATIONAL DRIVE, NW
(ALSO KNOWN AS 4000 CONNECTICUT AVENUE, NW)
WASHINGTON, DC 20008
EFFECTIVE DATE: OCTOBER 5, 2012
TABLE OF CONTENTS
1.
DEMISED PREMISES
1
2.
TERM
1
3.
USE
1
4.
RENT
2
5.
OPTION TO RENEW
2
6.
PARKING
3
7.
CONDITION OF PREMISES
4
8.
MAINTENANCE
4
9.
ALTERATIONS
5
10.
ENVIRONMENTAL
6
11.
TERMINATION RIGHT
7
12.
RESPONSIBILITY FOR DAMAGE TO DEMISED PREMISES
8
13.
LIABILITY OF LANDLORD
8
14.
SIGNS AND FURNISHINGS
9
15.
SERVICES AND UTILITIES
9
16.
ENTRY FOR HOUSEKEEPING, REPAIRS AND INSPECTIONS
11
17.
TENANT'S EQUIPMENT
11
18.
INDEMNITY AND INSURANCE
11
19.
FIRE AND OTHER CASUALTY DAMAGE TO DEMISED PREMISES
13
20.
DEFAULT OF TENANT
13
21.
WAIVER
16
22.
ATTORNMENT
16
23.
CONDEMNATION
17
24.
RIGHT OF LANDLORD TO CURE TENANT'S DEFAULT; LATE PAYMENTS
18
25.
NO PARTNERSHIP
18
26.
NO REPRESENTATIONS BY LANDLORD
19
27.
BROKERS
19
28.
NOTICES
19
29.
ESTOPPEL CERTIFICATES
20
30.
COVENANTS OF LANDLORD
21
31.
SURRENDER OF DEMISED PREMISES
21
32.
HOLDING OVER
22
33.
UNDERLYING LEASE
22
34.
ASSIGNMENT AND SUBLETTING
22
35.
CONSENTS, COMPLIANCE WITH EXECUTIVE ORDER, ETC
24
36.
GENDER/HEADINGS
24
37.
BENEFIT AND BURDEN
24
38.
GOVERNING LAW
24
39.
WAIVER OF TRIAL BY JURY
25
40.
CERTIFICATION OF THE PARTIES
25
41.
ASSIGNMENT
25
42.
ENTIRE AGREEMENT
25
43.
FORCE MAJEURE
25
44.
PROHIBITION AGAINST RECORDING
26
45.
EXCULPATION
25
46.
CONFERENCE CENTER
25
47.
SECURITY DEPOSIT
25
LIST OF EXHIBITS
EXHIBIT A:
Demised Premises
EXHIBIT B:
Additional Landlord Services and Maintenance Obligations
EXHIBIT C:
Non-Renewal Premises
EXHIBIT D:
Parking Rights
EXHIBIT E-1:
Data Room
EXHIBIT E-2:
Control Center
EXHIBIT E-3:
Network Operations Center
EXHIBIT F:
Form of Letter of Credit
EXHIBIT G:
BAS Contracts
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this October 5, 2012 (this
"Lease"), by and between SL 4000 Connecticut LLC, a Delaware limited liability
company ("Landlord") and Intelsat Global Service LLC, a Delaware limited
liability company ("Tenant").
In consideration of the agreements hereinafter set forth, the parties hereto
mutually agree as follows:
1. DEMISED PREMISES
Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the
rentable area of the Building (hereinafter defined) depicted on Exhibit A
attached hereto (the "Demised Premises"). Landlord and Tenant acknowledge that
the rentable area of the Demised Premises is 350,237 rentable square feet and in
no event shall either party have the right to remeasure the rentable area of the
Demised Premises. As used herein, the term "Building" shall mean the building
located at 4000 Connecticut Avenue, NW (also known as 3400 International Drive,
NW), Washington, DC 20008. Landlord grants Tenant the non-exclusive right,
together with other occupants of the Building and their agents, employees and
invitees, to use the common areas of the Building, and Landlord shall maintain
such common areas in accordance with the terms of this Lease, including,