The signage clause outlines the rights and responsibilities related to the placement, design, and maintenance of signs on a property or venue. It typically specifies approval processes, compliance with local regulations, and potential financial responsibilities for both parties involved.
Building Top Signage. Following the Second Expansion Commencement Date, subject to the terms of this Section 12. Tenant’s Signage may, at the option of Tenant, be expanded to include one (1) non-exclusive, exterior Building top sign on the South facing elevation of the Building reasonably approved by Landlord, and subject to approval of the applicable governmental authority (such sign, the “Building Top Signage”).
Landlord shall endeavor to provide written notice with respect to the availability of any space on the West facing elevation of the Building prior to the Building Top Signage Expiration Date, and Landlord shall respond to written inquiries from Tenant with respect to any availability of such space on the West facing elevation of the Building prior to the Building Top Signage Expiration Date. Landlord and Tenant hereby acknowledge and agree that notwithstanding any provision to the contrary contained herein, Tenant shall have no express right to install Building Top Signage after the Building Top Signage Expiration Date or relocate any previously installed Building Top Signage to the West facing elevation of the Building following the Building Top Signage Expiration Date. If installed, even if relocated, such Building Top Signage shall be subject to all of the terms and conditions set forth in Section 23.1 of the Original Lease which is applicable to Tenant’s Signage (including, without limitation, that such Building Top Signage is in keeping with the quality, design and style of the Building and Project) Tenant hereby acknowledges that, notwithstanding any approval by Landlord of the Building Top Signage, Landlord has made no representation or warranty to Tenant with respect to the probability of obtaining all necessary governmental approvals and permits for the Building Top Signage. In the event Tenant does not receive the necessary governmental approvals and permits for Building Top Signage, Tenant’s and Landlord’s rights and obligations under the remaining terms and conditions of the Lease shall be unaffected.
Signage. Landlord has advised Tenant that, simultaneously herewith, Landlord and Philips are entering into an agreement whereby Landlord will grant to Philips certain rights to install signage on the canopy of the Building (the “Philips Canopy Signage Rights”). Tenant acknowledges the foregoing, and in consideration of such acknowledgement, in addition to Tenant’s signage rights set forth in Section 2.2(e) of the Lease, Landlord hereby grants to Tenant the following signage rights, subject to the terms of this Second Amendment.
Lobby Glass Entry Door Signage. Tenant shall, as of the Amendment Effective Date, have the right to install signage on the glass entryway to the First Floor Space (the “Entry Door Signage”), subject to Landlord’s right to review and approve of such Entry Door Signage (including without limitation the size, location, materials, and other particulars thereof). The Entry Door Signage must comply with the Master Plan Permits and other Applicable Legal Requirements and shall be consistent with the First-Class Signage Standard. Tenant shall be responsible for obtaining all governmental permits and approvals required for the Entry Door Signage, if any. Prior to installing the Entry Door Signage, Tenant shall submit to Landlord for its review and approval, detailed construction plans and specifications for the Entry Door Signage showing the location, size, height, graphics, materials, manner of installation, and other details of the proposed signage. Tenant shall be solely responsible, at its sole cost and expense, for installing, maintaining, operating, and repairing Entry Door Signage in compliance with all Applicable Legal Requirements and in accordance with the First-Class Signage Standard.
Tenant Signage. (a) Electronic Directory. In the event that there is an electronic directory for the Building in the lobby of the Building (Landlord being under no obligation to install and/or maintain an electronic directory), Tenant shall have the right to have its company name appear in same and in the manner being used by Landlord to identify tenants and occupants of the Building. The location of Tenant’s company name on such directory shall be in Landlord’s sole discretion.
Illumination. The Exterior Façade Signage shall be backlit or illuminated from dusk until dawn every day at Tenant’s sole cost and expense and any electricity required for the Exterior Façade Signage shall be separately metered and the payment for such electricity shall be directly billed to and paid for by Tenant as Additional Rent hereunder.
Maintenance. Landlord shall be responsible for maintaining the Exterior Façade Signage in working shape, condition and repair, in compliance with all applicable building, zoning, land use and life safety laws applicable to the Building and the Exterior Façade Signage. The costs of such maintenance, repair and replacement (as applicable) shall be passed through by Landlord to Tenant as a component of Operating Expenses.
Failure to Repair. Notwithstanding anything to the contrary, in the event that Tenant fails to contract to fully repair any damaged or non-functioning signage within twenty (20) days after Landlord’s written request therefor, then Landlord shall have the right and option, but not the obligation, to repair such damaged or non-functioning signage, whereupon Tenant shall reimburse Landlord, upon demand, the actual costs to repair such signage (together with an administrative fee equal to five percent (5%) of such costs incurred by Landlord.
Signage. Landlord, at its sole cost and expense, shall install Tenant’s logo in the main lobby (i.e.: Morton Street lobby) of the Building, subject to the rights of existing tenants at the Building and compliance with law; the signage is depicted on, and the location of such signage is identified on, Exhibit B attached hereto (the “Lobby Signage”). Such Lobby Signage shall not be more than twelve inches (12”) high or thirty inches (30”) wide (the “Maximum Dimensions”); provided, however, if PayPal installs a sign larger than the Maximum Dimensions, Tenant shall have the right to install Lobby Signage larger than the Maximum Dimensions which is comparable to the size of the PayPal signage. In no event may Tenant’s Lobby Signage be installed in a position higher than that of PayPal’s signage. Landlord agrees to install the Lobby Signage within four (4) months after the date of this Amendment. Landlord, at its sole cost and expense, shall install Tenant’s signage on the elevator lobby of the fourth floor of the Building.
Exterior Signage. Throughout the Lease Term, as the same may be extended, so long as Tenant satisfies the Minimum Signage Threshold, Original Tenant and any Permitted Transferee Assignee, at Tenant’s sole cost and expense, shall have the non-exclusive right (except to the extent provided below) to install, repair and maintain (i) its name and logo on any monument sign installed by Landlord (in Landlord’s sole discretion) and associated with a particular Building in which all or a portion of the Premises is located (provided that Tenant hereby acknowledges and agrees that no monument sign exists as of the date of this Lease, and Landlord has no obligation to install any monument sign for any Building), and (ii) Tenant’s pro rata share of signs applicable to the office space of the Project generally, and exclusive signage rights for exterior signage that pertains to a particular Building, which Tenant is then leasing the entirety of, which exterior signs may be Tenant’s name and/or logo. The location of all exterior signs available for office tenants of the Project are shown on Exhibit J attached hereto. Landlord shall work with Tenant to obtain City and other required approvals of such monument and exterior signs. Any such installation, repair and/or maintenance (including the exact location thereof) shall be subject to compliance with Applicable Laws, the Underlying Documents and Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary set forth herein, Landlord shall be entitled to grant any retail tenants the rights to install their standard building sign package, including, eyebrow signage, blade signage, and store front signage, on or about their premises, and may grant such retail tenants monument signage rights, with the name and/or logo of such tenant located below Tenant’s name and logo on any shared monument sign. The anticipated size, types and locations of retail signage are set forth on Exhibit J-1 attached hereto; provided that the exact size, types and locations of such signage shall be reasonably determined by Landlord in consultation with Tenant (but such consultation shall not be required if Landlord does not depart from the signage shown on Exhibit J-1) and subject to City and other required approvals and the Underlying Documents. In addition, Landlord may grant exterior signage rights to other tenants of the Project, based on the locations of signage shown on Exhibit J attached hereto. The term “Minimum Signage Threshold” shall mean that the Original Tenant and/or its Permitted Transferee Assignee shall not have, in the aggregate, subleased (pursuant to a sublease or subleases then in effect) more than, twenty-five percent (25%) of the rentable square footage of the then-existing Premises.
Signage. Notwithstanding anything in the Lease to the contrary, Lessee shall have a right to monument signage in front of the 1605 Adams Building and signage on the building façade at the side of each entrance thereof, buy no other building façade signage or any other building exterior signage on the 1605 Adams Building. Lessee shall be entitled to signage within Expansion Premises and door signage. All of Lessee’s signage shall comply with the City of Menlo Park sign ordinances and regulations and shall be subject to Lessor’s Project signage standards as reasonably determined by Lessor. Lessee shall pay all costs associated with fabrication, installation, maintenance and eventual removal of Lessee’s signage.
A Signage Clause in a contract typically outlines the rights, obligations, and restrictions related to the use, placement, and maintenance of signs. This clause is often found in lease agreements, partnership agreements, franchise agreements, and other business contracts where visibility and branding are important. The clause ensures that both parties understand how signage can be used, who is responsible for its upkeep, and any limitations or approvals needed.
A Signage Clause should be included in contracts whenever signage or branding visibility is a key aspect of the agreement. Here are some situations where it would be appropriate to use a signage clause:
Including a signage clause ensures there are clear rules, which can help prevent legal disputes, misunderstandings, and ensure compliance with local regulations.
When writing a Signage Clause, start by clearly outlining the key elements related to the installation, maintenance, and use of signage. Here are some key points to include:
Description and Approval: Specify the type, size, design, and location of the signage. Include a requirement that any signage must be approved by the other party (e.g., landlord or franchisor) before installation.
Responsibilities: Clearly state who is responsible for the costs of installation, maintenance, and removal of the signage. Also, outline which party handles repairs in case of damage.
Compliance and Removal: Include a provision that the signage must comply with local laws, zoning regulations, and property rules. Define the conditions under which the sign must be removed, such as at the end of a lease term or if it violates any terms of the agreement.
Example: Tenant/Franchisee shall have the right to install signage on the Premises, subject to prior written approval by the Landlord/Franchisor. The design, size, color, and placement of all signage must comply with the Landlord/Franchisor’s branding guidelines and aesthetic standards.
Signage clauses are often included in various types of contracts where the use and regulation of signage are pertinent. Common contracts include:
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