Additional Lease Modifications Clause Samples
The "Additional Lease Modifications" clause outlines the process and conditions under which changes or amendments can be made to the existing lease agreement. Typically, this clause specifies that any modifications must be agreed upon in writing and signed by both the landlord and tenant, ensuring that verbal agreements or informal changes are not legally binding. By establishing a clear procedure for altering lease terms, this clause helps prevent misunderstandings and disputes, ensuring that all parties are aware of and consent to any changes made during the lease term.
Additional Lease Modifications. Landlord and Tenant agree that the Lease shall also be modified as follows:
a. In Paragraph 4.2(a)(vi), the following shall be added after the phrase “paragraph 8 below:” “(excluding the premiums and deductibles paid by Tenant to maintain the insurance coverage Tenant is required to maintain pursuant to Paragraph 8.2(a) below).”
b. In Subparagraph 4.2(e), the following shall be added as additional items not included within the term “Operating Expenses:” “(x) costs incurred because Landlord or another tenant actually violated the terms and conditions of any lease for premises within the Industrial Center or due to Landlord’s gross negligence or willful misconduct; (xi) any items for which Landlord is actually reimbursed by insurance or by direct reimbursement by any other tenant of the Industrial Center; (xii) costs associated with the investigation and/or remediation of Hazardous Substances (hereafter defined) present in, on or about any portion of the Industrial Center, unless such costs and expenses are the responsibility of Tenant as provided in Paragraph 6.2 hereof; (xiii) Landlord’s cost for the repairs and maintenance items set forth in the first (1st) sentence (and subject to the terms) of Paragraph 7.2; (xiv) overhead and profit increment paid to Landlord or to subsidiaries or affiliates of Landlord for goods and/or services in the Industrial Center to the extent the same exceeds the costs of such by unaffiliated third parties on a competitive basis; or any costs included in Operating Expenses representing an amount paid to a person, firm, corporation or other entity related to Landlord which is in excess of the amount which would have been paid in the absence of such relationship; (xv) the cost of correcting any building code or other code violations which were violations prior to the Commencement Date of this Lease; and (xvi) wages, salaries, or other compensation paid to any executive employees of Landlord above the grade of building manager.”
c. The following shall be inserted as Subparagraph 4.2(f):
Additional Lease Modifications. (a) In lieu of so-called free freight elevator usage for Tenant’s initial move into the Additional Premises, Landlord shall grant Tenant a credit in the amount of $10,200.00 against the installment(s) of Fixed Rent first due and payable following the Additional Premises Rent Commencement Date;
(b) Landlord shall furnish sufficient steam heat to the Additional Premises for the comfortable occupancy of the Additional Premises through perimeter radiators and all other services provided by Landlord to the Original Premises.
Additional Lease Modifications. Effective as of the Effective Date hereof, Section 26 (Renewal Option) of the Original Lease shall be and is hereby amended by deleting it in its entirety. It is further acknowledged and agreed that Landlord has heretofore satisfactorily completed all of its obligations with respect to the expansion, construction, and demising of the Premises under the Third Amendment.
Additional Lease Modifications. The following Lease provisions are hereby deleted and shall be of no further force or effect: • Rider No. 1 (Extension Option Rider) attached to the Original Lease • Rider No. 2 (Fair Market Rental Rate) attached to the Original Lease • References in Rider No. 3 (Options in General) attached to the Original Lease to the Extension Option and Rider No. 1
Additional Lease Modifications. Effective as of the date of this Amendment, all notices, consents, demands and other communications to Landlord shall be addressed to RXR 1330 Owner LLC, 1▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Building Management, with a copy to (A) RXR Realty, 6▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: J▇▇▇▇ ▇▇▇▇▇▇▇, Esq., Office of General Counsel and (B) RXR Realty, 1▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: W▇▇▇▇▇▇ ▇▇▇▇▇.
Additional Lease Modifications. The following Sections of the Existing Lease are hereby deleted, ab initio, and shall be of no further force or effect: Paragraph 54 (Renewal Option), Paragraph 55 (Right of First Offer), and Paragraph 56 (Termination Option).
Additional Lease Modifications. Notwithstanding anything to the contrary in the Lease, effective as of the Eleventh Amendment Effective Date, the Lease is modified as follows:
Additional Lease Modifications. (a) The fourth (4th) sentence of Section 7.07 of the Lease is hereby amended to read as follows: “Said options may be exercised by Landlord by notice to Tenant at any time within thirty (30) days after such notice has been received by Landlord and Landlord shall have received all other information required to be furnished to Landlord pursuant to the provisions of this Article 7, and during such thirty (30) day period Tenant shall not assign this lease or sublet such space to any person.”
(b) Section 7.11(e) of the Lease is hereby modified to read as follows: “Provided that Landlord shall have space comparable in size then available, or to become available, for leasing in the Building; within nine (9) months from the effective date of the proposed assignment or subletting, as the case may be, the proposed assignee or sublessee is not a person with whom Landlord is then engaged in discussions to lease or is negotiating to lease space in the Building;”
(c) The following sentence is hereby added at the end of Section 7.11(j) of the Lease: “Landlord shall be deemed to have approved any proposed broker’s flyer to which Landlord has not reasonably objected within five (5) Business Days following Landlord’s receipt thereof, and there shall be no distribution by or on behalf of Tenant of any such proposed broker’s flyer to third parties prior to the expiration of such five (5) Business Day period.
(d) The following words are hereby added to the end of the last sentence of Section 7.12(a) of the Lease: “, except that for purposes of this Section 7.12(a), the references to thirty (30) days in the fourth sentence of said Section 7.07 shall be deemed replaced by references to twenty (20) days.”
(e) From and after the date hereof, but only for so long as the tenant under the Lease is the Named Tenant, the provisions of Section 11.03 of the Lease shall be of no force or effect.
(f) The third sentence of Section 11.05 of the Lease is hereby amended to read as follows: “Alterations shall be performed by contractors and subcontractors first approved by Landlord, which approval shall not be unreasonably withheld or delayed; provided that Tenant shall use only contractors designated by Landlord for work that involves the Building’s Class E fire protection system.
(g) From and after the 29th Floor Premises Inclusion Date, the reference in Section 37.01(a)(ii) of the Lease to 2.1% shall be deemed replaced by 2.97%.
Additional Lease Modifications. From and after the date of this Agreement,
(a) the reference to “$900,000” in Section 6.1(A)(x)(iii) of the Original Lease is hereby deleted therefrom in its entirety and replaced with “$1,300,000 in the aggregate, or $290,000 with respect to any one floor of the Premises”;
(b) the reference to “One Million ($1,000,000) Dollars” in Section 6.1(B)(1) of the Original Lease is hereby deleted therefrom in its entirety and replaced with “Two Million ($2,000,000) Dollars”;
(c) the parenthetical at the end of the penultimate sentence in Section 6.1(B)(1) of the Original Lease is hereby revised to read as follows: “(except that such security shall not be required with respect to the Initial Alterations, the Additional Premises Initial Improvements and any initial Alterations to Expansion Space and/or Offer Space)”;
(d) in the first sentence of Section 6.2 of the Original Lease, the words “or the Additional Premises Initial Improvements” are hereby added immediately after the words “Initial Alterations”;
(e) Section 12.4 of the Lease is hereby revised as follows:
(i) the second parenthetical in the first grammatical sentence of Section 12.4(A) is hereby deleted in its entirety and replaced with the following text: “(including broad form property damage coverages and including contractual liability coverage)”;
(ii) the first sentence of Section 12.4(B)(i) is hereby deleted from the Lease in its entirety and replaced with the following text: “ ‘Special Form’ insurance, with commercially reasonable deductibles, protecting and indemnifying Tenant against damage to or loss of any Alterations and leasehold improvements, including any made by Landlord to prepare the Premises for Tenant’s occupancy, and Tenant’s Property.”;
(iii) the phrase “with broad form all-states endorsement” in Section 12.4(B)(ii) is hereby deleted from the Lease in its entirety;
(iv) Section 12.4(B)(iii), is hereby deleted in its entirety; and replaced with the following text: “Business interruption insurance (including “Extra Expense”) fully compensating for the amount of Fixed Rent, additional rent and other charges owed to Landlord by Tenant for a period of not less than six (6) months.”; and
(v) the penultimate grammatical sentence of Section 12.4(C) is hereby deleted in its entirety from the Lease and replaced with the following text: “Tenant shall, not later than ten (10) Business Days prior to the Commencement Date, deliver to Landlord certificates of insurance evidencing compliance with the ...
Additional Lease Modifications. (i) Section 1.01(BB) of the Lease is hereby deleted in its entirety and replaced with the following: Permitted Uses: Executive, administrative and general offices including, without limitation, training rooms, photo studios, mock store, merchandising room, sample storage, any ancillary uses and all other lawful and/or permitted uses in accordance with the terms and conditions of the Lease.
(ii) The Fifth Modification Agreement is hereby amended as follows:
(a) Subparagraphs (ii) and (iii) in Section 3 are hereby deleted in their entirety;
(b) Subsections (ii) and (iii)(a-c) in Section 4 are hereby deleted in their entirety; and
(c) Sections 8 and 9 are hereby deleted in their entirety.
(d) Upon surrender of the Third Floor Demised Premises and/or the 5th Floor Premises (as the case may be) in the condition required under this Sixth Modification Agreement, the defined term “Demised Premises” shall be deemed amended to exclude said portion(s) of the property so surrendered.