AXTRIA LEASE Sample Clauses

AXTRIA LEASE. The parties acknowledge that as of the date hereof Landlord and Axtria, Inc. (“Axtria”) are currently in discussions to enter into a lease for the Initial Demised Premises, plus certain additional space in the building located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇. Notwithstanding anything contained herein, the parties agree that the termination of the Lease with respect to the Initial Demised Premises described in Section 1 hereof and the amendments to the Lease set forth in Section 2 hereof are each subject to, by a date no later than 5:00 p.m. on November 1, 2015 (the “Cut-Off Date”) (i) Landlord having entered into (and having received a fully executed copy of), a lease agreement or lease agreements with Axtria (or an affiliate of Axtria) in form and substance (including, without limitation, the rental rate, lease term and rent commencement date) satisfactory to Landlord in its sole discretion (the “Axtria Lease”), pursuant to which Axtria (or an affiliate of Axtria) will lease from Landlord the space described herein as the Initial Demised Premises and certain space in the building located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ and (ii) all of the conditions set forth in the Axtria Lease relating to Axtria obtaining the New Jersey State incentives have been satisfied (or waived by Axtria) (the conditions described in clauses (i) and (ii) being collectively referred to as the “Axtria Conditions”). In the event that the Axtria Conditions have not been satisfied by the Cut-Off Date, then on the Cut-Off Date (x) this Amendment shall automatically terminate and be null and void and of no force or effect whatsoever, and the Lease shall continue with the same force and effect as if Landlord and Tenant never entered into this Amendment. Landlord shall provide Tenant with prompt written notice when and if the Axtria Conditions are satisfied (and prompt written notice if they are not satisfied by the Cut-Off Date). Tenant acknowledges and agrees that Landlord does not and shall not make any representation or warranty of any kind that the Axtria Conditions will be satisfied, and Landlord shall not have any liability to Tenant in the event the Axtria Conditions are not satisfied.