Addition of Expansion Premises. A. Provided that no default has occurred under the Lease, Tenant shall have the right to request from time to time by written notice to Landlord that all or portions of the Expansion Premises be added to the Existing Premises. Landlord shall have no obligation to add the requested portion of the Expansion Premises (“Requested Expansion Space”) to the Existing Premises, and Landlord may establish such requirements with respect thereto as Landlord deems necessary or appropriate (including, without limitation, the installation or removal of any demising walls, or modification of any entryways or building systems to properly serve the newly configured Premises, at Tenant’s expense). If Landlord agrees to add the Requested Expansion Space to the Existing Premises, Landlord shall so notify Tenant in writing and, provided Xxxxxx agrees to any requirements of Landlord with respect thereto, then effective as of the date Landlord delivers possession of the Requested Expansion Space to Tenant (the “Expansion Date”), Tenant shall accept possession of the Requested Expansion Space, and from and after the Expansion Date the Requested Expansion Space shall become a part of the Premises, and all references in the Lease to the “Premises” shall be deemed to mean and refer to the Existing Premises and the Requested Expansion Space, together.
B. The Requested Expansion Space shall be subject to all the terms and conditions of the Lease, except as expressly modified herein.
C. The Requested Expansion Space shall be accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord as to the Requested Expansion Space, and without any agreement or obligation on the part of Landlord to perform any alterations, repairs or improvements thereto, nor shall Tenant be entitled to any rent abatement or improvement allowance with respect to the Requested Expansion Space, or any similar economic incentives that may have been provided Tenant in connection with entering into the Lease; and in connection therewith, the provisions in the Lease regarding “Landlord’s Work” and Exhibit B to the Lease shall not apply to the Requested Expansion Space. By taking possession of the Requested Expansion Space, Xxxxxx agrees that the Expansion Premises are in good order and satisfactory condition.
Addition of Expansion Premises. Effective as of July 1, 2011 (the “Expansion Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Expansion Premises. Consequently, effective upon the Expansion Commencement Date, the Existing Premises shall be increased to include the Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises to approximately 51,641 rentable square feet of space. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the “Premises”, in appropriate contexts.
Addition of Expansion Premises. As of the earlier of (a) November 1, 1999, or (b) substantial completion of the Work (as defined in the Work Letter attached hereto as Exhibit B) (the "15th Floor Expansion Premises Effective Date"), the 15th Floor Expansion Premises shall be added to and become a part of the premises leased by Tenant under the Lease, subject to the provisions set forth herein, and references in the Lease to the "Premises" shall be deemed to include the 15th Floor Expansion Premises, unless the context clearly requires otherwise.
Addition of Expansion Premises. The Expansion Premises shall be added to the Current Premises, for all purposes, as of the Expansion Date and for the balance of the Lease Term (including the Extension Term), upon and subject to all of the terms, covenants and conditions of the Lease (as amended hereby). Tenant’s obligation to make rental payments (including, without limitation, Tenant’s Percentage of Direct Expenses) under the Lease (as amended hereby) with respect to the Expansion Premises, as set forth below, shall commence upon the Expansion Date. Upon the Expansion Date, Tenant’s Building Percentage shall increase from 10.2262% to 18.5757% and Tenant’s Project Percentage shall increase from 4.8066% to 8.8734% in order to reflect the addition of the Expansion Premises to the Premises. In the event that Tenant first occupies the Expansion Premises for the purposes of conducting its business prior to December 1, 2018, Landlord and Tenant shall execute a commencement date memorandum in a form customarily used by Landlord.
Addition of Expansion Premises. Effective as of July 1, 2020 (the “Expansion Premises Commencement Date”), the Lease shall be amended to provide that the premises demised to Tenant under the Lease shall include the premises measuring approximately 3,490 rentable square feet located on the tenth (10th) floor of the South Tower of the Building, as shown on Exhibit A attached hereto and made a part hereof (the “Expansion Premises”). Thereafter, all references to the “Premises” in the Lease shall be deemed to include both the Existing Premises and the Expansion Premises, and contain a total of 18,224 rentable square feet; provided, however, that unless Tenant exercises the Expansion Premises Extension Option (as hereinafter defined) in accordance with Section 11 below, the Term of the Lease with respect to the Expansion Premises only shall expire on June 30, 2021 (the “Expansion Premises Expiration Date”).
Addition of Expansion Premises. Effective as of the "First Expansion Commencement Date," as that term is defined in Section 4, below, Landlord shall lease to Tenant and Tenant shall lease from Landlord the First Expansion Space, and the "Premises," as that term is used in the Lease, shall include the First Expansion Space for the "First Expansion Term," as that term is defined in Section 4, below. Effective as of the "Second Expansion Commencement Date," as that term is defined in Section 4, below, Landlord shall lease to Tenant and Tenant shall lease from Landlord the Second Expansion Space, and the "Premises," as that term is used in the Lease, shall include the Second Expansion Space for the "Second Expansion Term," as that term is defined in Section 4, below. The First Expansion Space and the Second Expansion Space shall sometimes be individually or collectively (as the context may require) referred to herein as the "Expansion Premises." The Expansion Premises shall be leased on the same terms and conditions set forth in the Lease, as amended hereby. Notwithstanding anything to the contrary contained in the Lease, for purposes of this Amendment and the Lease, Landlord and Tenant hereby agree that the number of rentable square feet contained in the First Expansion Space and the Second Expansion Space, respectively, are as set forth in Recital B, above.
Addition of Expansion Premises. The increment of space consisting of approximately 65,280 square feet and labeled “Expansion Premises” on the attached Exhibit A-1 is hereby added to the Existing Premises and shall be delivered to Tenant upon Substantial Completion of the Expansion Premises Improvements (as defined below). The parties acknowledge that the Expansion Premises consists of two elements: (i) portion “A” consisting of 53,280 square feet as shown on the attached Exhibit A-1, and (ii) portion “B” consisting of 12,000 square feet as shown on Exhibit A-1. Landlord and Tenant agree that for the purposes of the Lease and this Amendment, the Expansion Premises shall be deemed to contain approximately 65,280 square feet of space, subject to the provisions of Paragraph 72 of the Lease. As of the date hereof, the Lease shall be modified to provide that the “Premises” consists of approximately 175,802 square feet (the combined Existing Premises and Expansion Premises shall hereinafter be referred to as the “Premises”).
Addition of Expansion Premises. Tenant is hereby exercising its Expansion Right (as set forth in Paragraph 2 of Exhibit F of the Lease) and accordingly, such Expansion Right as well as the Right of First Refusal (as set forth in Paragraph 3 of Exhibit F of the Lease) are hereafter null and void and of no further force and effect. Effective as of the Expansion Premises Commencement Date (as hereinafter defined), the Expansion Premises, which contains an “agreed upon” twenty-three thousand four hundred ninety-three (23,493) square feet of rentable area on the eighth (8th) floor of the Building as depicted on the diagram attached hereto as Attachment A, shall be added to the Original Premises. From and after the Expansion Premises Commencement Date, the rentable area of the Original Premises and the Expansion Premises (collectively, the “Premises”) shall consist of an “agreed upon” one hundred six thousand two hundred fifty-one (106,251) square feet of rentable area on the first (1st), eighth (8th), ninth (9th), tenth (10th), and eleventh (11th) floors of the Building. Landlord hereby leases to Tenant and Tenant hereby rents from Landlord the Expansion Premises upon the terms and conditions of this Amendment. On the Expansion Premises Commencement Date, the Expansion Premises shall become part of the Premises and, except as otherwise provided in this Amendment, be subject to all the then-current terms and conditions of the Lease for the remainder of the Lease Term.
Addition of Expansion Premises. Commencing on the later of (i) April 1, 2022, and (ii) the date Landlord delivers the Expansion Premises to Tenant (the “Expansion Premises Commencement Date”) Tenant shall lease the Expansion Premises from Landlord on the same terms and conditions set forth in the Lease, as hereby amended. From and after the Expansion Premises Commencement Date, the Existing Premises and the Expansion Premises shall be collectively referred to as the "Premises". Landlord will use commercially reasonable efforts to deliver the Expansion Premises to Tenant on or as soon as reasonably practicable after April 1, 2022. If Landlord is unable to deliver the Expansion Premises to Tenant on or before May 1, 2022 (the “Outside Delivery Date”), then for each day after the Outside Delivery Date that the Expansion Premises remain undelivered, Tenant shall receive one (1) day of credit against Base Rent and Direct Expenses to be applied to the amounts first coming due after the Expansion Premises Commencement Date and the expiration of the “Expansion Premises Rent Abatement Period” (as defined below). If Landlord is unable to deliver the Expansion Premises to Tenant on or before October 1, 2022 (the “Final Delivery Date”), then Tenant shall have the right to terminate this First Amendment, by written notice to Landlord. The Outside Delivery Date and the Final Delivery Date shall be extended for any delays in the delivery of the Expansion Premises caused by Force Majeure (as defined in the Lease).
Addition of Expansion Premises. 3.1 Commencing on October 1, 2002 (the "EP Commencement Date"), the Original Premises shall be expanded to include the Expansion Premises leased on all of the same terms and conditions as set forth in the Lease, except as otherwise expressly set forth in this Amendment. From and after the EP Commencement Date, the "Premises" as defined in the Basic Lease Information and in Section 1 of the Lease, shall mean and refer to both the Original Premises and the Expansion Premises which, in the aggregate, consist of approximately 37,496 rentable square feet located at 0000 Xxxxxx Xxxx, Xxxxx X, X and C, San Jose, California. Accordingly, from and after the EP Commencement Date, all references in this Amendment and in the Lease to the term "Premises" shall mean and refer to the aggregate of the Original Premises and the Expansion Premises. Landlord and Tenant hereby agree that for purposes of the Lease, from and after the EP Commencement Date, the rentable square footage area of the Premises shall be conclusively deemed to be 37,496 rentable square feet.
