Commencement and Expiration Dates. The term (the “Term”) of this Sub-Sub-sublease shall (i) commence on the date (the “Commencement Date”) upon which Landlord, Sublandlord, Sub-sublandlord, Sub-Sub-sublandlord and Sub-Sub-subtenant shall execute and deliver a Consent Agreement to this Sub-Sub-sublease reasonably acceptable to all parties (the “Consent”) and possession of the Sub-Sub-sublease Premises delivered to Sub-Sub-subtenant in the condition required by this Sub-Sub-sublease, with all items required to be delivered on the Commencement Date and (ii) terminate on December 28, 2023, or on such earlier date upon which the Term shall expire or be canceled or terminated pursuant to any of the conditions or covenants of this Sub-Sub-sublease, the Sub-Sublease, the Sublease or the Lease (with respect to any termination of the Lease, the Sublease, or the Sub-sublease, subject to the terms hereof), or pursuant to law (the “Expiration Date”). Sub-Sub-subtenant shall not have any option to extend the Term. Sub-Sub-sublandlord shall deliver possession of the Sub-Sub-sublease Premises to Sub-Sub-subtenant on the Commencement Date in its current “as is”, broom-clean condition, reasonable wear and tear from the date hereof excepted, vacant and free of all personal property (other than Sub-sublandlord’s Furniture and Sub-Sub-sublandlord’s Furniture (as such terms are hereinafter defined)) and with all cabling disconnected within the IT room.
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Samples: Sub Sub Sublease (Datadog, Inc.)
Commencement and Expiration Dates. The term (the “Term”) of this Sub-Sub-sublease shall (ix) with respect to the portion of the Sub-Sublease Premises indicated as Space A on Exhibit A attached hereto, commence on the date (the “Space A Commencement Date”) upon which Landlord, Sublandlord, Sub-sublandlord, Sub-Sub-sublandlord Landlord and Sub-Sub-subtenant Sublandlord shall execute and deliver a Consent Agreement to this Sub-Sub-Sub- sublease reasonably acceptable to all parties (the “Consent”) and possession of the Sub-Sub-sublease Premises is delivered to Sub-Sub-subtenant in the condition required by this Sub-Sub-sublease, with all items required to be delivered on the Space A Commencement Date and (y) with respect to the portion of the Sub-sublease Premises indicated as Space B on Exhibit A attached hereto, and provided the Consent has been obtained, commence on April 1, 2018 (the “Space B Commencement Date”), provided, however, that within Sub-sublandlord’s discretion, and with Sub-subtenant’s obligation to consent to the following, (i) Sub-sublandlord may adjourn that April 1, 2018 date to June 1, 2018 by notice to Sub-subtenant not later than January 31, 2018; or (ii) Sub-sublandlord may advance the April 1, 2018 date at its discretion by notice to Sub-subtenant no later than thirty (30) days prior to the new Space B Commencement Date. Time shall be of the essence with respect to any notice required pursuant to the prior sentence. With respect to the entire Sub-sublease Premises (i.e., Space A and Space B), the Term of this Sub-sublease shall terminate on December 28, 2023, or on such earlier date upon which the Term shall expire or be canceled or terminated pursuant to any of the conditions or covenants of this Sub-Sub-sublease, the Sub-Sublease, the Sublease or the Lease (with respect to any termination of the Lease, Lease or the Sublease, or the Sub-sublease, subject to the terms hereof), or pursuant to law (the “Expiration Date”). Sub-Sub-subtenant shall not have any option to extend the Term. Sub-Sub-sublandlord shall deliver possession of the Sub-Sub-sublease Premises Space A to Sub-Sub-subtenant on the Space A Commencement Date and Space B on the Space B Commencement Date in its their current “as is”, broom-clean condition, reasonable wear and tear from the date hereof excepted, vacant and free of all personal property (other than Sub-sublandlord’s Furniture and Sub-Sub-sublandlord’s Furniture (as such terms are term is hereinafter defined)) and with all cabling disconnected within the IT room.
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Samples: Sub Sublease (Datadog, Inc.)
Commencement and Expiration Dates. The term (the “Term”) of this Sub-Sub-sublease Lease shall (i) commence on the date earliest of the following dates (the “"Commencement Date”"): (a) upon the Construction Completion Date as defined in Section 1(r) above; (b) the date on which the Premises would have been substantially completed but for delay caused by Tenant or any agent, employee or contractor of Tenant; (c) the date on which the Premises are actually occupied by Tenant or (d) the date set forth in section 1.(i). Upon request of Landlord, SublandlordTenant shall enter into a memorandum stipulating the actual Commencement Date. If for any reason other than Tenant's failure to fulfill its obligations hereunder, Sub-sublandlord, Sub-Sub-sublandlord and Sub-Sub-subtenant shall execute and Landlord cannot deliver a Consent Agreement to this Sub-Sub-sublease reasonably acceptable to all parties (the “Consent”) and possession of the Sub-Sub-sublease Premises delivered to Sub-Sub-subtenant Tenant on the Commencement Date, Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder or extend the Termination Date, but in such case Tenant shall not be obligated to pay Rent until possession of the condition required by this Sub-Sub-sublease, with all items required Premises is tendered to be delivered Tenant. If Tenant's tenant improvements are not completed on the Commencement Date and (ii) terminate on December 28, 2023, or on such earlier date upon which due to the Term shall expire or be canceled or terminated failure of Tenant to fulfill any obligation pursuant to any of the conditions or covenants of this Sub-Sub-sublease, the Sub-Sublease, the Sublease or the Lease (with respect to any termination of the Lease, the Sublease, or the Sub-sublease, subject to the terms of this Lease or any exhibit hereto, including without limitation 9 Tenant's failure to comply with the terms of Exhibit C, the Lease shall be deemed to have commenced upon the Commencement Date. If Tenant occupies the Premises prior to the Commencement Date, such occupancy shall be subject to all provisions hereof), such occupancy shall not advance the Termination Date, and Tenant shall pay Rent for such period at the initial rates set forth in the Basic Lease Information. In the event the Commencement Date is established as a later or pursuant earlier date than the date provided in Section 1(i) hereof, Landlord shall confirm the same to law (Tenant in writing. The Lease shall expire upon the “Expiration Date”Termination Date specified in Section 1(i). Sub-Sub-subtenant shall not have any option In the event Landlord is unable to extend the Term. Sub-Sub-sublandlord shall deliver possession of premises within 30 days of Lease Commencement date, Tenant shall have the Sub-Sub-sublease Premises right to Sub-Sub-subtenant on the Commencement Date in its current “as is”, broom-clean condition, reasonable wear and tear from the date hereof excepted, vacant and free of all personal property (other than Sub-sublandlord’s Furniture and Sub-Sub-sublandlord’s Furniture (as such terms are hereinafter defined)) and with all cabling disconnected within the IT roomcancel this Lease.
Appears in 1 contract
Samples: Lease Addendum (Bsquare Corp /Wa)
Commencement and Expiration Dates. The term of this Lease shall be for the period of months designated in the summary of Basic Lease Terms preceding this Lease, and shall have the Commencement Date and Expiration Date also designated in such summary (the “Term”) of this Sub-Sub-sublease shall (i) commence on the date (the “Commencement Date”) upon which Landlord, Sublandlord, Sub-sublandlord, Sub-Sub-sublandlord and Sub-Sub-subtenant shall execute and deliver a Consent Agreement to this Sub-Sub-sublease reasonably acceptable to all parties (the “Consent”) and possession of the Sub-Sub-sublease Premises delivered to Sub-Sub-subtenant in the condition required by this Sub-Sub-sublease, with all items required to be delivered on the Commencement Date and (ii) terminate on December 28, 2023, or on such earlier date upon which the Term shall expire or be canceled or terminated pursuant to any of the conditions or covenants of this Sub-Sub-sublease, the Sub-Sublease, the Sublease or the Lease (with respect to any termination of the Lease, the Sublease, or the Sub-sublease, subject to the terms hereof), or pursuant to law (the “Expiration Date”). Sub-Sub-subtenant shall not have any option to extend the Term. Sub-Sub-sublandlord ; provided that:
1.3.1 Landlord shall deliver possession of the Sub-Sub-sublease Premises upon the Effective Date of this Lease specified in the Basic Lease Terms. If Landlord has not delivered the Premises to SubTenant for any reason whatsoever within ten (10) days after such Effective Date then, as its sole remedy for such delay in delivery, Tenant may terminate this Lease by written notice to Landlord, whereupon any monies previously paid by Tenant to Landlord shall be reimbursed to Tenant. Within ten (10) days after Landlord delivers possession of the Premises to Tenant, Tenant shall inspect the Premises and deliver to Landlord a written notice of any defects or non-Sub-subtenant on conforming conditions or failures to comply with law in or of the Premises. Landlord may elect in writing, within five (5) business days following receipt of Tenant’s notice, to correct any such defects or conditions and, if Landlord so elects, Landlord shall forthwith undertake to correct the same and shall thereafter diligently prosecute such correction to completion. If Landlord does not elect in writing within the period given to correct any such defects or conditions, then Landlord shall be deemed to have elected not to correct the same. Tenant may, within an additional five (5) business day period following Landlord’s election or deemed election not to cure any such defects or conditions, terminate this Lease by written notice to Landlord, whereupon both parties shall be released and discharged from any further obligations hereunder. If Tenant does not elect to terminate this Lease, then, except for latent defects and items that Landlord has undertaken to correct pursuant to this Section 1.3.1, Tenant shall be deemed to have accepted the Premises in their then condition, as is, with all faults and defects. If Landlord undertakes, in accordance with the foregoing procedure, to correct defects or conditions that Tenant identifies, and if, due to no fault of Tenant, Landlord fails to complete such work by the Commencement Date Date, then this Lease shall not be void or voidable, and Landlord shall not be responsible or liable for any claims or damages in its current “as is”connection therewith or by reason thereof, broom-clean conditionand the Term of this Lease shall not be modified, reasonable wear and tear from but the date hereof exceptedon which Base Rent first becomes due under Section 2 shall be extended one day for each day that Landlord’s completion of such work is delayed.
1.3.2 Subject to the conditions stated in this Section 1.3.2, vacant Tenant shall have the option to extend this Lease for up to that number of additional terms specified in the summary of Basic Lease Terms preceding this Lease (each, a “Renewal Term”), each consisting of that number of months also specified in the summary of Basic Lease Terms preceding this Lease. Each such Renewal Term shall commence the day following expiration of, as applicable, the initial Term or the preceding Renewal Term, and free shall be for a Base Rent determined pursuant to Section 2.1.2, and otherwise on and subject to all of the terms and conditions set forth in this Agreement. Tenant may exercise the option granted hereby by written notice to Landlord if, but only if, all personal property of the following conditions are satisfied:
(other a) Tenant shall have given such notice not less than Sub-sublandlord180 days nor more than 240 days before the last day of the initial Term or Renewal Term to be extended;
(b) During the Term preceding delivery of such notice, Tenant shall not have defaulted in any of its obligations hereunder beyond applicable notice and cure periods, or Landlord shall, for purposes of this Section 1.3.2 only, waived the absence of any such default as a condition precedent to Tenant’s Furniture right to exercise the option.
(c) At the time that Tenant gives such notice, and Sub-Sub-sublandlord’s Furniture (as such terms are hereinafter definedcontinuing until the first day of the Renewal Term, there shall not exist hereunder any default of Tenant nor any event or circumstance that, with notice, the passage of time, or both, could ripen into a default. Subsequent references to the “Term” of this Lease shall include the Term and the Renewal Term(s)) and with all cabling disconnected within , if any, for which Tenant effectively exercises the IT roomforegoing option.
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