Common use of Commencement Date Clause in Contracts

Commencement Date. Subject to satisfaction of the condition set forth in Section 13 hereof, the term of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rent.

Appears in 2 contracts

Samples: Credo Technology Group Holding LTD, Credo Technology Group Holding LTD

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Commencement Date. Subject Commencing on the earliest to satisfaction occur of: (i) the date on which Tenant occupies any portion of the condition set forth 4th Floor Space or the 6th Floor Space, as the case may be; (ii) the date on which the 4th Floor Work or the 6th Floor Work (as defined herein) is Substantially Completed (as defined in Section 13 hereofExhibit B attached hereto); or (iii) the date on which the 4th Floor Work or the 6th Floor Work, as the term case may be, would have been Substantially Completed but for the occurrence of this Sublease any Tenant Delay Days (as defined in Exhibit B attached hereto) (such dates referred to herein as the Sublease Term”) shall commence on April 1, 2022 (“4th Floor Space Commencement Date” or “4FSCD” and the “6th Floor Space Commencement Date” or “6FSCD”), and expireexpiring on the Expansion Space Expiration Date (as defined below), unless sooner terminatedTenant shall lease the 4th Floor Space as depicted on Exhibit A-l attached hereto and the 6th Floor Space as depicted on Exhibit A-2 attached hereto, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be all subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of the Lease, as amended hereby. As used herein, the “4th Floor Work” and the “6th Floor Work” shall mean and refer to those certain improvements to the 4th Floor Space and the 6th Floor Space, as the case may be, to be performed by Landlord in accordance with the terms of this SubleaseAmendment and Exhibit B hereto, Subtenant mayincluding the Connecting Stairwell and/or a Light Well, during such Early Access Periodas provided in Exhibit B hereto. The 4th Floor Work and the 6th Floor Work shall be collectively referred to herein as the “Expansion Space Work.” In connection with the Expansion Space Work, install its furnitureLandlord shall perform certain improvements to the Existing Premises, furnishings and equipment as indicated in the Sublease Premises and install its telephone and telecommunication equipment Expansion Space Plans (as defined below) approved by the parties. For purposes of this Amendment, such improvements shall be included in the Sublease Premisesdefinition of the Expansion Space Work. SubtenantTenant hereby acknowledges that Landlord will be performing the Expansion Space Work during the Term (as extended hereby), and Tenant shall not be entitled to any additional abatement or reduction of Rent or any other amount payable under the Lease in connection therewith, nor shall the Expansion Space Work be deemed an eviction, actual or constructive, of Tenant. Tenant shall at all times cooperate reasonably and in good faith in connection with Xxxxxxxx’s early access shall be subject to all prosecution of the terms and conditions of this SubleaseExpansion Space Work, including, without limitation, all insurance by granting Landlord access to the Existing Premises and maintenance obligations, except for the obligation Expansion Space and by promptly responding to pay Rentmatters arising in connection with the Expansion Space Work.

Appears in 2 contracts

Samples: Office Building Lease (Marqeta, Inc.), Office Building Lease (Marqeta, Inc.)

Commencement Date. Subject to satisfaction The Commencement Date of this Lease shall be the later of (a) December 1, 2021, and (b) the date upon which occurs the Substantial Completion of the condition set forth Base Building Work (subject to the penultimate sentence of this paragraph below) and Landlord’s Work in Section 13 hereofaccordance with Law. If the Substantial Completion of the Base Building Representations and Landlord’s Work is delayed by Tenant Delays, then the Commencement Date shall be the date the Landlord’s Work and Base Building Representations would have been Substantially Completed, as reasonably estimated by Landlord, without the Tenant Delays. Notwithstanding anything to the contrary contained herein, Landlord represents to Tenant that on the Commencement Date and as part of the Base Building Work at Landlord’s cost (and not part of Landlord’s Cap) (i) the Demised Premises and Building Structure will be structurally sound and free from leaks, and the Demised Premises will be demised, broom clean, and in compliance with Law, (ii) the Demised Premises will be free from asbestos and other Hazardous Materials in violation of existing Law, (iii) there will be a valid temporary or permanent Certificate of Occupancy permitting the Permitted Use, (iv) the Common Areas will be in good working order, and (v) the Building Systems serving the Demised Premises will be in good working order (items (i) – (v) above being hereinafter referred to as the “Base Building Representations”) , with the following modifications to the Building’s HVAC system: the boiler providing heat to the Building will be replaced; the 30 ton RTU providing cooling to the ​ ​ atrium will be replaced; the building management system (BMS) will be upgraded; the filters on the nine heat pumps serving the Demised Premises will be upgraded from MERV-8 to MERV-13 as and where reasonably able, and any heat pumps in the Demised Premises found not to be functioning will be repaired or replaced; two of the three cooling towers will be retrofitted with new water treatment systems (two have been retrofitted already) (items (i) – (v) above, including the above modifications to the Building’s HVAC system, collectively, the term of this Sublease (Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration DateBase Building Work”). If Sublandlord is unable to deliver possession of Notwithstanding the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such eventforegoing, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) occur once the Sublease Premises Landlord’s Work is Substantially Completed even though the Base Building Work is not Substantially Completed as long as the Base Building Representations are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of true on the Commencement Date and all other matters set forth therein (Landlord has commenced the Base Building Work and if Subtenant fails is working diligently to do soSubstantially Complete the Base Building Work. Subject to any Force Majeure, manufacturer delivery delays, Tenant Delay or township delays in approving plans, issuing permits, inspecting work, etc.,, Landlord shall be deemed use commercially reasonable efforts to have executed and returned Substantially Complete the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access above modifications to the Subleased Premises beginning Building’s HVAC system on the date Sublandlord has vacated the Sublease Premises (but in no event later than February or prior to December 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rent2021.

Appears in 2 contracts

Samples: Lease Agreement (Agile Therapeutics Inc), Lease Agreement (Agile Therapeutics Inc)

Commencement Date. Subject to satisfaction Landlord shall deliver possession of the condition set forth Premises to Tenant on the date (the “Delivery Date”) that Landlord’s Market Ready Improvements described on EXHIBIT C attached hereto and the Tenant Improvements to be completed by Landlord pursuant to the Work Letter Agreement attached hereto as EXHIBIT D are substantially completed. For purposes of this Lease, Landlord’s Market Ready Improvements and the Tenant Improvements shall be deemed to be “substantially completed” when Landlord’s Market Ready Improvements and the Tenant Improvements have been completed in Section 13 hereofaccordance with any plans and specifications therefor, subject only to the completion of any minor punch-list items, and the City of Sunnyvale has completed a final inspection of such work and issued a temporary certificate of occupancy or other written approvals permitting legal occupancy of the Premises. The term of this Sublease Lease (“Sublease Term”) shall commence be seventy-six (76) months commencing on April 1, 2022 the date (the “Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 ) which is thirty (“Expiration 30) days from the Delivery Date”). If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant Delivery Date does not occur on or before any particular dateMay 1, 2018, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder reason other than (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (Ai) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, SublandlordArcTec’s failure to deliver complete the Final Plans and Specifications (as such term is defined in the Work Letter attached as EXHIBIT D) and submit such Final Plans and Specifications (and any such written confirmation other documentation required by the City of Sunnyvale for the issuance of a building permit for the Tenant Improvements) to Subtenant shall not affect SublandlordLandlord’s determination general contractor by January 8, 2018, (ii) the City requiring Landlord to stop construction due to its commencement of the Commencement Date. Subtenant shall have reasonable early access to Tenant Improvements before the Subleased Premises beginning on permits therefor were issued or (iii) delays caused by the acts or omission of Tenant, as defined in Paragraph 3(c) below, then the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents Tenant is otherwise obliged to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions commence payment of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access Rent shall be subject to all delayed by one (1) additional day for each day the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay RentDelivery Date is delayed beyond such date.

Appears in 2 contracts

Samples: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)

Commencement Date. Subject Notwithstanding anything to satisfaction of the condition set forth contrary contained in Section 13 hereof, the term of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such eventLease, the Commencement Date shall be such the date that Sublandlord gives Subtenant written notice that which is thirty-eight (A38) Master Landlord has consented days prior to this Sublease the date of substantial completion of Landlord's Work (other than the "punchlist" items as set forth in accordance with Section 13 hereof and (B) 1.6 of Exhibit D to the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term . For purposes of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of determining the Commencement Date and all other matters as set forth therein (and if Subtenant fails to do soin the immediately preceding sentence, Tenant the date of substantial completion of Landlord's Work shall be deemed to be the date that substantial completion of Landlord's Work would have executed occurred but for any Tenant Delay that occurs after the date of this First Amendment (i.e., for each day of such Tenant Delay the date of substantial completion of Landlord's Work shall be moved forward by one (1) day and returned specifically excluding any claim of Tenant Delay arising prior to the same without exceptiondate of this First Amendment pursuant to the releases provided in Section 4 of this First Amendment below). Such confirmation Landlord shall be conclusive provide written notice to Tenant promptly upon the occurrence of substantial completion of Landlord's Work as set forth above (the "Landlord's Work Completion Notice") and binding upon Sublandlord receipt of such Landlord's Work Completion Notice, the Parties' shall promptly schedule and Subtenant; provided, however, Sublandlord’s failure perform a walk-through inspection of Landlord's Work in the Premises to deliver identify any such written confirmation "punchlist" items all in accordance with and pursuant to Subtenant shall not affect Sublandlord’s determination Section 1.6 of Exhibit D to the Lease. All Basic Rental and Xxxxxx's Proportionate Share of the Commencement Date. Subtenant shall have reasonable early access to Estimate of the Subleased Premises beginning Direct Costs for the period commencing on the date Sublandlord has vacated Commencement Date through the Sublease Premises last day of the first (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease1st) (such date the “Early Access Date”) until full month following the Commencement Date (less any amounts of Basic Rental and Direct Costs already received by Landlord including pursuant to Article 1(J) of the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access Lease) shall be subject due and payable by Tenant to all Landlord within five (5) business days after Xxxxxx's receipt of the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay RentLandlord's Work Completion Notice.

Appears in 1 contract

Samples: Lease (Crinetics Pharmaceuticals, Inc.)

Commencement Date. Subject The "Commencement Date" will be the earlier to satisfaction occur of (i) the date Tenant takes occupancy of the condition set forth in Section 13 hereof, Phase 1 Premises for the term purposes of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”)conducting its business, and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”)ii) five (5) days after Landlord has Substantially Completed (as hereinafter defined) the Tenant Finish Work for the Phase 1 Premises. If Sublandlord is unable Landlord shall use all reasonable and good faith efforts to deliver possession of have the Sublease Tenant Finish Work with respect to the Phase 1 Premises to Subtenant Substantially Completed on or before any particular dateSeptember 1, for any reason2008. Subject to a Tenant Delay or an Excusable Delay, Sublandlord shall if Tenant Finish Work with respect to the Phase 1 Premises is not be subject to any liability for its failure to do soSubstantially Completed on or before September 1, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so2008, Tenant shall be deemed entitled to a one day abatement of Basic Rent with respect to the Phase 1 Premises for each day thereafter that Tenant Finish Work is not Substantially Completed up to October 31, 2008. Subject to a Tenant Delay or an Excusable Delay, if Tenant Finish Work with respect to the Phase 1 Premises is not Substantially Completed on or before November 1, 2008, then in addition to the abatement in Basic Rent provided in the immediately preceding sentence, Tenant shall be entitled to a two (2) day abatement of Basic Rent with respect to the Phase 1 Premises for each day thereafter that Tenant Finish Work is not Substantially Completed up to December 31, 2008. Subject to a Tenant Delay or an Excusable Delay, if Tenant's Finish Work with respect to the Phase 1 Premises is not Substantially Completed on or before January 1, 2009, then in addition to the abatement in Basic Rent provided in the two immediately preceding sentences, Tenant shall be entitled to a four (4) day abatement of Basic Rent with respect to the Phase 1 Premises for each day thereafter that Tenant Finish Work is not Substantially Completed. Any such accrued abated amounts shall be credited against the first and subsequent installments of Basic Rent coming due under this Lease for Premises until the entire abated amount has been fully credited. Landlord shall use all reasonable and good faith efforts to have executed and returned the same without exception)Tenant Finish Work with respect to the Phase 2 Premises Substantially Completed on or before September 1, 2009. Such confirmation Subject to a Tenant Delay or an Excusable Delay, if Tenant Finish Work with respect to the Phase 2 Premises is not Substantially Completed on or before September 1, 2009, Tenant shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure entitled to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination a one day abatement of the Commencement Date. Subtenant shall have reasonable early access Basic Rent with respect to the Subleased Phase 2 Premises beginning for each day thereafter that Tenant Finish Work is not Substantially Completed up to October 31, 2009. Subject to a Tenant Delay or an Excusable Delay, if Tenant Finish Work with respect to the Phase 2 Premises is not Substantially Completed on the date Sublandlord has vacated the Sublease Premises (but in no event later than February or before November 1, 2022 2009, then in addition to the abatement in Basic Rent provided in the immediately preceding sentence, Tenant shall be entitled to a two (2) day abatement of Basic Rent with respect to the Phase 2 Premises for each day thereafter that Tenant Finish Work is not Substantially Completed up to December 31, 2009. Subject to a Tenant Delay or earlier than an Excusable Delay, if Tenant's Finish Work with respect to the date Master Landlord consents Phase 2 Premises is not Substantially Completed on or before January 1, 2010, then in addition to the abatement in Basic Rent provided in the two immediately preceding sentences, Tenant shall be entitled to a four (4) day abatement of Basic Rent with respect to the Phase 2 Premises for each day thereafter that Tenant Finish Work is not Substantially Completed. Any such accrued abated amounts shall be credited against the first and subsequent installments of Basic Rent coming due under this Sublease) (such date the “Early Access Date”) Lease for Premises until the Commencement Date (entire abated amount has been fully credited. Landlord shall use all reasonable and good faith efforts to have the “Early Access Period”)Tenant Finish Work with respect to the Phase 3 Premises Substantially Completed on or before September 1, 2010. During such Early Access PeriodSubject to a Tenant Delay or an Excusable Delay, Subtenant if Tenant Finish Work with respect to the Phase 3 Premises is not Substantially Completed on or before September 1, 2010, Tenant shall be entitled to a one day abatement of Basic Rent with respect to the Phase 3 Premises for each day thereafter that Tenant Finish Work is not conduct business operations Substantially Completed up to October 31, 2010. Subject to a Tenant Delay or an Excusable Delay, if Tenant Finish Work with respect to the Phase 3 Premises is not Substantially Completed on or before November 1, 2010, then in addition to the abatement in Basic Rent provided in the Sublease Premises or any portion thereofimmediately preceding sentence, but, subject Tenant shall be entitled to a two (2) day abatement of Basic Rent with respect to the terms and conditions of this SubleasePhase 3 Premises for each day thereafter that Tenant Finish Work is not Substantially Completed up to December 31, Subtenant may2010. Subject to a Tenant Delay or an Excusable Delay, during such Early Access Periodif Tenant's Finish Work with respect to the Phase 3 Premises is not Substantially Completed on or before January 1, install its furniture2011, furnishings and equipment then in addition to the abatement in Basic Rent provided in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access two immediately preceding sentences, Tenant shall be subject entitled to all a four (4) day abatement of Basic Rent with respect to the terms Phase 3 Premises for each day thereafter that Tenant Finish Work is not Substantially Completed. Any such accrued abated amounts shall be credited against the first and conditions subsequent installments of Basic Rent coming due under this Sublease, including, without limitation, all insurance and maintenance obligations, except Lease for Premises until the obligation to pay Rententire abated amount has been fully credited.

Appears in 1 contract

Samples: Lease Agreement (Medicines Co /De)

Commencement Date. Subject to satisfaction The Term of this Lease shall commence ("Commencement Date") on the first day of the condition set forth first full month following the date on which the Improvements are Substantially Complete (as hereinafter defined) except that if Substantial Completion occurs on the first day of a month, that date shall be the Commencement Date, and the Lease shall continue in full force and effect for the period of time specified as the Term or until this Lease is terminated as otherwise provided herein. The Improvements shall be deemed to be "Substantially Complete" on the earliest of the date on which: (1) Landlord files or causes to be filed with the City of El Segundo (if required) and delivers to Tenant an architect's notice of substantial completion, or similar written notice that the Improvements are substantially complete and a certificate of occupancy (or a reasonably substantial equivalent such as a sign- off from a building inspector or a temporary certificate of occupancy) (the "C of O") is issued for the Improvements or (2) Tenant commences substantial business operations in the Premises. On the Commencement Date, Tenant shall execute and deliver to Landlord a Commencement Date Memorandum in the form attached hereto as Exhibit D acknowledging (i) the Commencement Date, (ii) the final rentable square footage of the Improvements, (iii) the final square footage of the Land, (iv) the initial "Base Rent," as that term is defined in Section 13 hereof3.1.1, the term of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”)below, and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”)v) Tenant's acceptance of the Premises. If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant Improvements are not Substantially Complete on or before any particular datethe Estimated Commencement Date as extended by "Force Majeure Delay" and "Tenant Delay," as those terms are defined in the Work Letter, for any reasonthen this Lease shall remain in effect, Sublandlord Landlord shall not be subject to any liability for its failure liability, and the Commencement Date shall be delayed until the date the Improvements are Substantially Complete. Notwithstanding anything to do sothe contrary contained herein, if there is any delay in the Substantial Completion of the Improvements or in the occurrence of any of the other conditions precedent to the Commencement Date, and such failure shall not affect delay is a result of Tenant Delay, then regardless of the validity actual date of this Sublease nor Substantial Completion of the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such eventImprovements, the Commencement Date shall be such deemed to be the date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease the Commencement Date would have occurred if no Tenant Delay had occurred, as determined in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 12 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay RentWork Letter.

Appears in 1 contract

Samples: Lease (Infonet Services Corp)

Commencement Date. Subject COMMENCEMENT DATE" shall mean the last to satisfaction occur of (a) the date Tenant has received the certificate of Architect that the Building has been substantially completed in accordance with Paragraph 3.B; (b) sixty (60) days after the date Tenant has received the certificate of Landlord's Space Planner and of Tenant's Space Planner that the Premises have been substantially completed pursuant to the Tenant Improvement Plans; and (c) the date on which Landlord has secured all necessary certificates, authorizations, permits and approvals customarily given for occupancy of the condition set forth Premises from the applicable governmental authorities, provided that Tenant is allowed to occupy the Premises. If and to the extent that Tenant Delay (as defined in Section 13 hereof, the term of this Sublease (“Sublease Term”Work Letter) shall commence be the sole cause of delay of the Commencement Date to a date subsequent to that on April 1which the Commencement Date would have occurred had such Tenant Delay not occurred, 2022 (“then notwithstanding the foregoing definition of Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date for all purposes of this Lease shall be deemed to be such earlier date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented as the Commencement Date would have occurred had such Tenant Delay not occurred. If the Landlord's Space Planner and Tenaxx'x Xpace Planner are unable to this Sublease agree as to the date of such substantial completion of the entire Premises, such matter shall be determined in accordance with Section 13 hereof and Paragraph 3.E. hereof. Landlord shall provide Tenant with at least sixty (B60) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 days prior written notice of the Master Lease), Subtenant anticipated substantial completion of the entire Premises and Building as described in Paragraph 3.B. and a second written notice on the date which Landlord claims as the actual substantial completion date for the Premises which shall have no option be sixty days prior to extend the term of this SubleaseCommencement Date. Within ten Landlord shall from time to time during construction on the Premises provide Tenant with at least sixty (1060) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a prior written confirmation notice of the Commencement Date anticipated substantial completion date of each full floor portion of the Premises, and all other matters set forth therein a second written notice on the date which it claims as the actual substantial completion date of each such floor. After the actual substantial completion date asserted by Landlord for any floor of the Premises, upon five (and if Subtenant fails 5) business days prior written notice to do soLandlord, Tenant shall be deemed entitled to have executed take possession of such floor and returned the same occupy it for Tenant's business without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligationscharge, except for Landlord's ascertainable out-of-pocket costs for those services specified in Paragraphs 8.A.(i) and (iii) and 8.A.(x) (if Tenant is the obligation only tenant in the Building and additional security is required because of Tenaxx'x xccupancy), which in each case are directly attributable to pay RentTenaxx'x xossession of the portion of the Premises in question.

Appears in 1 contract

Samples: Collateral Agreement (Universal Access Inc)

Commencement Date. Subject to satisfaction of adjustment as provided in Article 3, the condition set forth in Section 13 hereofterm “Commencement Date” shall mean January 1, 2005. Landlord and Tenant acknowledge and agree that Tenant currently occupies the Premises under that certain Lease with Landlord dated June 15, 1994 as subsequently amended (“Prior Lease”), the term of this Sublease (“Sublease Term”) shall commence which expires on April 1, 2022 (“Commencement Date”), and expire, unless sooner terminated, on October December 31, 2030 (“Expiration Date”)2004. If Sublandlord The Premises comprise a portion of the total premises leased by Tenant under the Prior Lease. It is unable to deliver the intent of the parties that Tenant will remain in possession of the Sublease Premises described in this Lease after the expiration of the term of the Prior Lease and that Tenant shall surrender the remainder of the premises leased under the Prior Lease to Subtenant on or before any particular date, for any reason, Sublandlord Landlord pursuant to the surrender terms and conditions of the Prior Lease which shall not be subject to any liability for its failure to do sothereafter terminate, and such failure be of no further force and effect. Landlord hereby agrees both as Landlord under this Lease and as the Landlord under the Prior Lease, that notwithstanding anything to the contrary in this Lease or the Prior Lease, Tenant shall not affect have no responsibility for the validity of this Sublease nor stairwell to the obligations of Subtenant hereunder (subject to Section 12 hereof)second floor, but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 any responsibility for the removal of the Master Lease), Subtenant shall have no option to extend stairs upon the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation expiration of the Commencement Date and all Prior Lease or for the removal of any other matters set forth therein (and if Subtenant fails alterations or Tenant improvements made by Tenant under the Prior Lease in the portion of the premises surrendered to do so, Landlord at the expiration of the Prior Lease. Tenant shall be deemed continue to have executed and returned occupy the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but described in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to Lease thereafter under the terms and conditions of this SubleaseLease. Landlord agrees that after full execution of this Lease but prior to the Commencement Date, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment Tenant may commence Tenant’s Work (as described in the Sublease Premises and install its telephone and telecommunication equipment Work Letter Agreement attached as Exhibit B) in the Sublease Premises. Subtenant’s early access Premises except no work shall be subject done in the portion of the Premises currently subleased to all XxXxxxxx and Xxxxxxxx under Sublease Agreement dated June 19, 2002, until Tenant has provided Landlord written evidence that its subtenant has vacated and surrendered possession of the Premises or has consented in writing to Tenant’s work. Completion of such Work shall be governed by the terms and conditions of this SubleaseLease, including, without limitation, all insurance and maintenance obligations, except for not the obligation to pay RentPrior Lease.

Appears in 1 contract

Samples: Office Lease (Placer Sierra Bancshares)

Commencement Date. Subject to satisfaction The “Commencement Date” shall mean May 1, 2021. Notwithstanding the foregoing, in the event that Landlord does not deliver possession of the Leased Premises to Tenant in broom clean condition set forth in Section 13 hereofwith a temporary occupancy certificate allowing Tenant to occupy the office and biology lab portions of the Leased Premises on or prior to May 15, 2021 (such date, which shall be extended for Tenant Delays to the extent Tenant’s actions causing such Tenant Delays occur after the Effective Date, the term of this Sublease (Sublease Term”) shall commence on April 1, 2022 (“Commencement Estimated Interim Turnover Date”), then Tenant shall be entitled to an abatement of Base Rent equal to the daily Annual Base Rent previously paid for each day in the period beginning on the day following the Estimated Interim Turnover Date and expireending on the date that Landlord delivers possession of the Leased Premises to Tenant in broom clean condition with a temporary occupancy certificate allowing Tenant to occupy the office and biology lab portions of the Leased Premises, unless sooner terminatedwhich abatement shall be in addition to any other abatement, free rent periods or other rental concessions to which Tenant may be entitled under the Lease (as amended hereby). Tenant acknowledges that, following the Commencement Date, Landlord will still be performing work within the Leased Premises during normal business hours to achieve Substantial Completion, and that such work shall not constitute a constructive eviction or otherwise be in violation of the Lease. Landlord shall cause the Landlord’s Work and the Tenant Improvements to be Substantially Complete on October 31or prior to June 15, 2030 2021 (such date, which shall be extended for Tenant Delays to the extent Tenant’s actions causing such Tenant Delays occur after the Effective Date, the Expiration Estimated Final Turnover Date”). If Sublandlord In the event that Landlord fails to cause Substantial Completion of the Landlord’s Work and the Tenant Improvements on or prior to the Estimated Final Turnover Date, then Tenant shall be entitled to an abatement of Base Rent equal to the daily Annual Base Rent previously paid for each day in the period beginning on the day following the Estimated Final Turnover Date and ending on the date that the Landlord’s Work and the Tenant Improvements are Substantially Completed, which abatement shall be in addition to any other abatement, free rent periods or other rental concessions to which Tenant may be entitled under the Lease (as amended hereby). Notwithstanding the foregoing, Tenant shall have the right to enter the Leased Premises as of the Effective Date for the purposes of installing cabling, wiring, telephone equipment, fixtures, furniture, and equipment to facilitate Tenant’s move-in and start-up of business operations, so long as any such entry is unable to deliver coordinated with Landlord and Landlord’s contractors and such entry and installations do not unreasonably interfere with the work being performed by Landlord’s workmen or contractors in the Leased Premises. No such entry shall be deemed Tenant’s possession of the Sublease Premises to Subtenant on Leased Premises, or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not otherwise affect the validity occurrence of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in Commencement Date. In any such event, the Commencement Date Tenant’s workmen and contractors shall be such date that Sublandlord gives Subtenant take reasonable steps to minimize interference with any work being simultaneously performed by the Landlord’s workmen or contractors in the Leased Premises. In the event of any unreasonable interference prior to Substantial Completion, Landlord shall have the right to provide written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof Tenant of such interference, and (B) the Sublease Premises are ready for occupancyTenant shall cause its workmen and contractors to cease such interference or cease performing such work until Landlord’s workmen and contractors have completed their work. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 Any such early entry into and occupancy of the Master Lease), Subtenant shall have no option to extend the term Leased Premises by Tenant or any person or entity working for or on behalf of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all of the terms terms, covenants, conditions and conditions provisions of this Subleasethe Lease, including, without limitation, all providing certificate(s) of insurance and maintenance obligationsrequired under this Lease, except for excluding only the obligation covenant to pay RentRent (defined herein).

Appears in 1 contract

Samples: Lease Agreement (NeuBase Therapeutics, Inc.)

Commencement Date. Subject to satisfaction The Commencement Date of the condition set forth in Section 13 hereof, Lease shall be the term earlier of this Sublease the date on which: (“Sublease Term”i) shall commence on April 1, 2022 (“Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver Tenant takes possession of any portion of the Sublease Premises in order to Subtenant on conduct business thereon; (ii) the Premises would have been Ready for Occupancy but for Tenant Delays (as defined in the Improvement Agreement attached hereto as Exhibit B); or before any particular date, (iii) the Premises are Ready for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof)Occupancy, but, in such eventthe case of (ii) and (iii), in no event before the Estimated Commencement Date. The Premises shall be deemed “Ready” or “Occupancy” on the date of substantial completion (as defined herein) of all Landlord’s Work to be constructed by Landlord in the Premises (but not the Cafeteria and Fitness Center, which Tenant acknowledges shall not be substantially completed until after the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master LeaseDate), Subtenant shall have no option to extend except for punchlist items which do not prevent Tenant from using the term of this SubleasePremises for the Permitted Uses. Within Tenant shall, within ten (10) days after Sublandlord’s requestreceipt of demand, Subtenant shall execute and deliver to Sublandlord Landlord a written confirmation Commencement Date Memorandum in the form attached hereto as Exhibit C acknowledging the actual Commencement Date of this Lease. For purposes of this Lease, “substantial completion’ shall mean the date by which all of the Commencement Date following have occurred: (i) Landlord has substantially completed the Landlord’s Work (other than the Cafeteria and all other matters set forth therein the Fitness Center) in accordance with Exhibit B of this Lease; (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination ii) Landlord has delivered possession of the Commencement DatePremises and the Landlord’s Work (other than the Cafeteria and the Fitness Center) to Tenant; and (iii) Landlord has obtained a temporary certificate of occupancy from the appropriate governmental authorities required for the legal occupancy of the Premises by Tenant. Subtenant shall have reasonable early access Notwithstanding anything to the Subleased Premises beginning on contrary contained in this Lease, if the date Sublandlord has vacated the Sublease Premises (but in no event later than February Cafeteria and Fitness Center are not Ready for Occupancy by October 1, 2022 or earlier than the 2002 (which date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all extension for Tenant Delays and up to ninety (90) days of Force Majeure Delays (as defined in Exhibit B, for each day thereafter that either the terms and conditions Cafeteria or the Fitness Center are not Ready for Occupancy, Tenant shall receive as a credit against Base Rent (as defined in Section 3.1 below) liquidated damages in the amount of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay RentFive Hundred Dollars ($500.00) per day.

Appears in 1 contract

Samples: Lease Agreement (Palmsource Inc)

Commencement Date. Subject Tenant shall be liable to satisfaction Landlord for the payment of the condition Rent and any other payment as set forth in Section 13 hereof, the term of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (Lease. The “Commencement Date”)” under the Lease shall be five (5) business days after the later of (1) date on which the Improvements and Tenant Improvements are Substantially Completed and (2) May 1, and expire2008; provided, unless sooner terminatedhowever, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession in the event Substantial Completion of the Sublease Premises Improvements and any Tenant Improvements is delayed due to Subtenant on or before Tenant Delays, then for purposes of the payment Rent and any particular date, for any reason, Sublandlord shall not other payment required to be subject made by Tenant pursuant to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such eventLease, the Commencement Date shall be that date five (5) business days after the date on which the Improvements would have been Substantially Completed but for the occurrence of such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) Tenant Delays. If the Sublease Premises Improvements are not Substantially Completed but are partially ready for occupancy. Notwithstanding any provision , Tenant may, but need not, occupy the portion of the Premises that is ready for occupancy, provided such partial occupancy is permitted by applicable law, and in the Master Lease granting Sublandlord, as “Tenant,” an option event of such partial occupancy (other than occupancy necessary to extend complete the term thereof (including, without limitation, Section 2.2 of the Master LeaseTenant Improvements), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed pay to have executed and returned Landlord pro rata Rent based upon the same without exception)area of the Premises so occupied by Tenant. Such confirmation obligation to pay Rent on a proportionate basis shall be conclusive commence on the date on which Tenant first occupies and binding upon Sublandlord takes possession of any portion of the Premises, and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of continue through the Commencement Date. Subtenant Tenant’s right to so occupy and utilize a portion of the Premises shall have nevertheless be subject to Landlord’s reasonable early access approval, and throughout such partial occupancy, Tenant shall fully cooperate with Landlord to facilitate Landlord’s Substantial Completion of any remaining or outstanding Improvements without any interference. If Tenant occupies any portion of the Subleased Premises beginning on prior to Substantial Completion thereof, the date Sublandlord has vacated provisions of the Sublease Lease shall apply to such occupancy or use of the Premises (but in no event later than February 1by Tenant, 2022 or earlier than except that the date Master Landlord consents to this Sublease) (such date Term of the “Early Access Date”) Lease shall not commence until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay RentDate.

Appears in 1 contract

Samples: Office Facility Lease (I Trax Inc)

Commencement Date. Subject The Term will begin on the "Actual Commencement Date". The "Actual Commencement Date" is scheduled to satisfaction of be around the condition Initial Commencement Date set forth in Section 13 hereofthe Data Section, or unless Landlord is delayed in completing any Landlord's "Initial Fit-Out Work" (defined in paragraph 3.04). In the case of any such delay, the term of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Actual Commencement Date shall be such the Initial Commencement Date extended to the date that Sublandlord gives Subtenant written notice that (A) Master on which Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 tenders possession of the Master Lease)Leased Premises to Tenant, Subtenant shall have no option in substantially the condition promised to extend the term Tenant (for example - as-is & broom clean and/or with substantial completion of Landlord's Initial Fit-Out Work - as may be set forth in other provisions of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation Lease regarding the condition of the Leased Premises upon delivery to Tenant). The Actual Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access Lease shall be subject to the following conditions all being satisfied. (1) Landlord shall have performed and made the terms Leased Premises available to Tenant or its occupancy for Tenant's exclusive use and conditions possession; (2) Landlord has substantially completed the work pursuant to the work and drawings to be approved by Tenant pursuant to Exhibit C - Landlord's Initial Fit-Out Work; (3) A Certificate of this Sublease, including, without limitation, Occupancy permitting the occupancy by Tenant of the Leased Premises for its permitted use has been issued by the applicable governmental authority; (4) Landlord has provided that all insurance building systems serving the Leased Premises are in good operating condition and maintenance obligations, except (5) Landlord shall obtain and deliver to Tenant an executed Agreement in recordable form executed by the existing Mortgagee granting the subordination and non-disturbance agreement in form and content reasonably similar to the attached. Landlord shall use reasonably diligent efforts and proceed with due diligence to complete the construction of the Building and Leased Premises and obtain a Certificate of Occupancy for the Building and for the Leased Premises by the Initial Commencement Date of around April 15, 1999. In the event that Landlord has not completed the Building and the Leased Premises by June 15, 1999, then Tenant, at its sole option, shall have the right to terminate this Lease and be released from any further obligation to pay Rentby so notifying Landlord within fifteen (15) days thereafter.

Appears in 1 contract

Samples: Lease (Clayton Holdings Inc)

Commencement Date. Subject The Term will begin on the "Actual Commencement Date". The "Actual Commencement Date" is scheduled to satisfaction of be around the condition Initial Commencement Date set forth in Section 13 hereofthe Data Section, or unless Landlord is delayed in completing any Landlord's "Initial Fit-Out Work" (defined in paragraph 3.04). In the case of any such delay, the term of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Actual Commencement Date shall be such the Initial Commencement Date extended to the date that Sublandlord gives Subtenant written notice that (A) Master on which Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 tenders possession of the Master Lease)Leased Premises to Tenant, Subtenant shall have no option in substantially the condition promised to extend the term Tenant (for example - as-is & broom clean and/or with substantial completion of Landlord's Initial Fit-Out Work - as may be set forth in other provisions of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation Lease regarding the condition of the Leased Premises upon delivery to Tenant). The Actual Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access Lease shall be subject to the following conditions all being satisfied. (1) Landlord shall have performed and made the terms Leased Premises available to Tenant or its occupancy for Tenant's exclusive use and conditions possession; (2) Landlord has substantially completed the work pursuant to the work and drawings to be approved by Tenant pursuant to Exhibit C - Landlord's Initial Fit-Out Work; (3) A Certificate of this Sublease, including, without limitation, Occupancy permitting the occupancy by Tenant of the Leased Premises for its permitted use has been issued by the applicable governmental authority; (4) Landlord has provided that all insurance building systems serving the Leased Premises are in good operating condition and maintenance obligations, except (5) Landlord shall obtain and deliver to Tenant an executed Agreement in recordable form executed by the existing Mortgagee granting the subordination and non-disturbance agreement in form and content reasonably similar to the attached. Landlord shall use reasonably diligent efforts and proceed with due diligence to complete the construction of the Building and Leased Premises and obtain a Certificate of Occupancy for the Building and for the Leased Premises by the Initial Commencement Date of around December 20, 2002. In the event that Landlord has not completed the Landlord's Initial Fit-Out Work by January 31, 2003, Tenant, at its sole option, shall have the right to terminate the Lease and be released from any further obligations by notifying Landlord within 15 days thereafter. This termination right is subject to Exhibit C, specifically regarding Tenant's obligation to pay Rentdeliver Landlord approved Initial Fit-Out Plans.

Appears in 1 contract

Samples: Clayton Holdings Inc

Commencement Date. Subject to satisfaction of the condition set forth in Section 13 hereof, the (a) The term of this Sublease Lease and the estate hereby granted (the Sublease Lease Term”) shall commence on April 1, 2022 (the date that Landlord makes possession of the Premises available to Tenant with the Base Work Substantially Complete pursuant to the Work Letter. Such date of commencement is hereinafter called the “Commencement Date”). If Landlord fails to cause the Commencement Date to occur on or before the date that is [***] following the later to occur of (x) the date hereof and (y) the date on which the Plans and Specifications are finalized and approved by Landlord and Tenant in accordance with the terms of the Work Letter (as such date shall be extended on a day for day basis for Force Majeure and Tenant Delay, and expire, unless sooner terminated, on October 31, 2030 (the Expiration Anticipated Delivery Date”), then the Rent Commencement Date shall be postponed by (i) [***] for each day that occurs during the period commencing on the day immediately following the Anticipated Delivery Date to but not including the earlier to occur of (A) [***] and (B) the date that is [***] after the Anticipated Delivery Date, and (ii) [***] for each day that occurs during the period commencing on the [***] after the Anticipated Delivery Date to but not including the Commencement Date, and any delay in such date shall be Tenant’s sole remedy at law or in equity (Tenant hereby waiving any right to rescind this Lease and/or to recover any damages on account of such delay other than as expressly set forth in Section 3.1(b) below). Landlord hereby agrees to use commercially reasonable efforts to cause the Commencement Date to occur prior to the Anticipated Delivery Date and Landlord shall keep Tenant reasonably apprised of any anticipated delay in the Substantial Completion of the Base Work. The foregoing is intended to be “an express provision to the contrary” under Section 223¬a of the New York Real Property Law or any successor statute of similar import. If Sublandlord is unable to deliver possession Tenant occupies all or any portion of the Sublease Premises prior to Subtenant on the Commencement Date specified above for the normal operation of its business therein (and not for the purpose of installing Tenant’s furniture, fixtures or before any particular dateequipment prior to the Commencement Date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect if the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereofsame is permitted hereunder), but, in such event, the Commencement Date shall be treated as having occurred on such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for of occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rent.

Appears in 1 contract

Samples: Tenant Lease Agreement (Protara Therapeutics, Inc.)

Commencement Date. Subject to satisfaction of the condition set forth in Section 13 hereof, the term The commencement date of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (the “Commencement Date”), ) shall be the date on which all of the following conditions have occurred: (a) the full execution and expire, unless sooner terminated, on October 31, 2030 delivery of this Sublease or a copy thereof to Sublandlord and Subtenant or their respective attorneys; (b) the Master Landlord consents in writing to this Sublease substantially in the form attached hereto and made a part hereof as Exhibit F (“Expiration DateMaster Landlord Consent). If ) (or is deemed to have consented to this Sublease as hereinafter provided) as described in Article 3 below; (c) Sublandlord is unable to deliver possession of delivers the Sublease Premises to Subtenant on or before any particular datevacant (subject to the provisions of Section 10.5 hereof) and in broom-clean condition; and (d) item (i) of Sublandlord’s Work (as defined in Section 9.2 below) is substantially complete (the “Commencement Date Conditions”). Possession of the Sublease Premises shall be delivered to Subtenant upon execution of this Sublease and receipt of the executed Master Landlord’s Consent, in vacant (subject to the provisions of Section 10.5 hereof), broom-clean and “AS-IS and WITH ALL FAULTS” condition as provided in Article 9 below (subject to all of the terms and conditions set forth in this Sublease except for any reasonSubtenant’s obligation to pay Base Rent and Additional Rent) for the sole and limited purpose of allowing Subtenant to install its fixtures, Sublandlord furnishings, equipment and personal property in the Sublease Premises pursuant to Section 14 below, and not for the conduct of Subtenant’s business therein, provided Subtenant shall not be subject interfere with Sublandlord’s Work during such access. The date on which the Sublease Premises is delivered to Subtenant as described above is referred to herein as the “Delivery Date.” Sublandlord and Subtenant shall enter into a Commencement Date Agreement substantially in the form of Exhibit C attached hereto confirming the Commencement Date promptly following the Commencement Date, provided that any liability for its failure of the parties to do so, and execute such failure written agreement shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentestablished as aforesaid.

Appears in 1 contract

Samples: Sublease (Hudson Holding Corp)

Commencement Date. Subject to satisfaction The Term of the condition set forth Lease shall commence ("Commencement Date") on the first day of the first full month following the date on which the Premises are Substantially Complete (as hereinafter defined) except that if Substantial Completion occurs on the first day of a month, that date shall be the Commencement Date, and the Lease shall continue in full force and effect for the period of time specified as the Term or until this Lease is terminated as otherwise provided herein. The Premises shall be deemed to be "Substantially Complete" on the earliest of the date on which: (1) Landlord files or causes to be filed with the City in which the Premises are located (if required) and delivers to Tenant an architect's notice of substantial completion, or similar written notice that the Premises are substantially complete, (2) Tenant commences business operations in the Premises, or (3) a certificate of occupancy is issued for the Premises. Landlord shall arrange for the construction of certain Tenant Improvements (as defined in the Work Letter), if any, in accordance with and subject to the terms of the Work Letter attached hereto as EXHIBIT B. Tenant shall, upon demand after delivery of the Premises to Tenant, execute and deliver to Landlord a Commencement Date Memorandum in the form attached hereto as EXHIBIT C acknowledging (i) the Commencement Date, (ii) the final square footage of the Premises and any necessary adjustments to Base Rent, rental adjustments, Tenant's Building Share or Tenant's Site Share as provided in Section 13 hereof1.1 above, and (iii) Tenant's acceptance of the term of this Sublease (“Sublease Term”) shall commence Premises. If the Premises are not Substantially Complete on April 1, 2022 (“the Estimated Commencement Date”), and expirethis Lease shall remain in effect, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord Landlord shall not be subject to any liability for its failure to do soliability, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such delayed until the date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready Substantially Complete. Tenant acknowledges that it has had an adequate opportunity to inspect and investigate all matters relevant to the Premises, using experts and other qualified professionals, and that Tenant has determined that the Premises are acceptable for occupancyTenant's use. Notwithstanding Tenant further acknowledges that, except to the limited extent, if any, specifically provided in this Lease, neither Landlord nor any provision broker or agent has made any representations or warranties in connection with the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 physical condition of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or their fitness for Tenant's use upon which Xxxxxx has relied directly or indirectly for any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentpurpose.

Appears in 1 contract

Samples: Office Lease (Puma Technology Inc)

Commencement Date. Subject to satisfaction The "Commencement Date" of this Lease shall be the earlier of (a) the date Lessee commences business operations in the Premises, or (b) the date Lessor delivers possession of the condition set forth in Section 13 hereofPremises to Lessee with Lessor's Work substantially completed. For purposes hereof Lessor's Work shall be EXHIBIT B deemed "substantially completed" when the Contractor completes the Lessor's Work pursuant to the Working Drawings, the term of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”)minor punch-list and decorative items excepted, and expireLessor receives a temporary certificate of occupancy (or its equivalent) issued by the City of Santa Fe Springs permitting occupancy of the Premises. The parties estimate that Lessor's Work will be substantially completed and the Commencement Date will occur on or about February 15, unless sooner terminated1997; provided, on October 31however, 2030 (“Expiration Date”). If Sublandlord is unable to if for any reason Lessor cannot deliver possession of the Sublease Premises to Subtenant on or before any particular Lessee with Lessor's Work substantially completed by such date, for any reason, Sublandlord then Lessor shall not be subject to any liability for its failure to do sotherefor, and nor shall such failure shall not affect the validity of this Sublease nor Lease or the obligations of Subtenant Lessee hereunder or provide Lessee with a right to terminate this Lease (subject, however, to Lessee's termination right in Paragraph 5 below), but in such case, Lessee's sole remedy (subject to Section 12 hereofParagraph 5 below) shall be the extension of the Commencement Date until the earlier of the two dates set forth in Paragraphs 3(a) and (b) above. Notwithstanding the foregoing provisions of this Paragraph 3 to the contrary, to the extent Lessor is delayed in delivering possession of the Premises to Lessee with Lessor's Work substantially completed as a result of any delays caused by the acts, changes or omissions of Lessee or Lessee's agents, architects, engineers, contractors or employees or any improvements, fixtures, furniture or equipment constructed or installed by Lessee (collectively "Tenant Delays"), but, in such event, then the Commencement Date shall be such accelerated to the date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date would have occurred but for such Tenant Delays; provided, however, that no Tenant Delay shall be deemed to occur unless and all other matters until Lessor has provided notice to Lessee (the "Delay Notice") specifying the action or inaction by Lessee which Lessor contends constitutes the Tenant Delay. If such action or inaction is not cured by Lessee within one (1) business day of receipt of such Delay Notice (the "Grace Period"), then a Tenant Delay, as set forth therein (and if Subtenant fails to do soin such Delay Notice, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination occurred commencing as of the Commencement Date. Subtenant expiration of the Grace Period; provided that Lessee shall have reasonable early access only be permitted an aggregate of three (3) days of Grace Period and, thereafter, a Tenant Delay shall commence upon delivery of the Delay Notice to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay RentLessee.

Appears in 1 contract

Samples: Graham Field Health Products Inc

Commencement Date. Subject Landlord represents to satisfaction Tenant, and Tenant acknowledges, that (i) Landlord's existing lease with Altera Corporation ("Altera") for the Premises expires on July 4, 1997, (ii) that Altera has a "hold-over" right to remain in the Premises for up to three (3) months after the July 4, 1997 date, and (iii) Altera must exercise its "hold-over" right and state the length of the condition set forth in Section 13 hereofhold-over period no later than February 1, 1997. Therefore, the term Commencement Date of August 3, 1997 of this Sublease Lease shall be delayed for up to three (“Sublease Term”3) shall commence on April 1months beyond August 3, 2022 1997 (“Commencement Date”)i) only if Landlord provides written notice to Tenant that Altera has exercised its "hold-over" right, and expire(ii) the Commencement Date of this Lease shall be delayed a period equal to Landlord's written notice to Tenant stating the period of time of Altera's hold-over, unless sooner terminatedwhich notice shall be delivered to Tenant no later than February 15, on October 31, 2030 (“Expiration Date”)1997. If Sublandlord is unable to Altera does not deliver possession of the Sublease Premises to Subtenant Landlord on or before any particular datethe date Altera is required to surrender, for any reasonwhether such date is July 4, Sublandlord shall not be subject to any liability for its failure to do so1997, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof)or an extended date set by a hold-over notice, but, in such event, then the Commencement Date shall be delayed one day for every day beyond such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease required surrender date, during which Altera continues in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 possession of the Master Lease), Subtenant shall have no option to extend the term of this SubleasePremises. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of Although the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination be affected by the date of Substantial Completion of Interior Improvements under Exhibit "B" hereto, Landlord agrees that it will keep Tenant advised on negotiations for the Commencement Date. Subtenant shall construction contract with the Prime Contractor, that it will provide in such contract for penalties for delay in completion of construction by the Prime Contractor, and that Tenant will have reasonable early access the right to approve the Prime Construction Contract, approval not be unreasonably withheld or delayed, solely with regard to the Subleased Premises beginning on timeline schedule for construction, the date Sublandlord has vacated penalties which are to be charged to the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations Prime Contractor in the Sublease Premises or any portion thereofevent of delay, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentconstruction warranties.

Appears in 1 contract

Samples: Lease (Quickturn Design Systems Inc)

Commencement Date. Subject to satisfaction The "Space A Commencement Date" shall be one hundred twenty (120) days after the date possession of Space A (exclusive of the condition set forth 189 s.f. storage closet which constitutes a portion thereof) is tendered to Tenant, except as may otherwise be provided in Section 13 hereofExhibit C, including with regard to delay in Substantial Completion of Tenant's Work due to Landlord Delays (as defined in Exhibit C). If possession of Space A is tendered to Tenant on December 1, 1998, then the term of this Sublease (“Sublease Term”) shall commence on Space A Commencement Date shall, subject to Landlord Delays, be April 1, 2022 (“1999. The "Space B Commencement Date”)" shall be one hundred twenty (120) days after the date possession of Space B is tendered to Tenant, and expireexcept as may otherwise be provided in Exhibit C, unless sooner terminated, on October 31, 2030 including with regard to delay in Substantial Completion of Tenant's Work due to Landlord Delays (“Expiration Date”as defined in Exhibit C). If Sublandlord is unable to deliver possession Occupancy of any portion of the Sublease Premises by Tenant prior to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date for such portion shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof at Tenant's sole risk and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlorddeemed pursuant to, as “Tenant,” an option to extend the term thereof (includingand subject to, without limitation, Section 2.2 all of the Master terms and provisions of this Lease, except those involving the payment of Base Rent, and Tenant's Share of Expense Increases and Tax Increases (as such terms are hereinafter defined), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters except as may otherwise be expressly set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenantherein; provided, however, Sublandlord’s that in no event shall Tenant be entitled to take occupancy thereof prior to the date it receives notice from Landlord that Landlord is ready to tender possession thereof to Tenant. Promptly after the Space A Commencement Date, Landlord and Tenant hereby agree to execute a Declaration, in the form attached hereto as Exhibit B, to confirm the Space A Commencement Date. Promptly after the Space B Commencement Date, Landlord and Tenant hereby agree to execute a Declaration, in the form attached hereto as Exhibit B, to confirm the Space B Commencement Date. Tenant's failure to deliver any such written confirmation to Subtenant execute either Declaration shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the either Commencement Date (nor the “Early Access Period”). During such Early Access PeriodLease Expiration Date, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to as same are determined by the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay RentLease.

Appears in 1 contract

Samples: Lease (Net2000 Communications Inc)

Commencement Date. Subject to satisfaction the later of (i) full execution of the condition set forth Initial Mortgagee SNDA (as defined in Section 13 hereof23.01), (ii) full execution of the term of this Sublease Initial Condominium Recognition and Attornment Agreement (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”as defined in Section 23.01), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”iii) the Substantial Completion Date (as defined in Exhibit B attached hereto). If Sublandlord is unable Notwithstanding the foregoing, if Tenant fails to duly execute and deliver possession the Initial Mortgagee SNDA and/or the Initial Condominium Recognition and Attornment Agreement to Landlord within ten (10) business days following Landlord’s demand therefor, provided such Initial Mortgagee SNDA and/or the Initial Condominium Recognition and Attornment Agreement, as applicable, comply with Section 23.01 below, the occurrence of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall no longer be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof conditioned upon the full execution of the Initial Mortgagee SNDA and/or the Initial Condominium Recognition and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting SublandlordAttornment Agreement, as “Tenant,” an option applicable, pursuant to extend the term thereof subclauses (includingi) and/or (ii) above, without limitationas applicable, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed waived such requirement for all purposes of this Lease. Promptly following the Commencement Date, Landlord shall deliver to Tenant a Confirmation of Lease Terms and returned Dates substantially in the form attached hereto as Exhibit C, and Tenant shall have ten (10) business days thereafter to execute and remit the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenantto Landlord; provided, however, Sublandlordeither party’s failure to so execute and deliver any such written confirmation to Subtenant instrument shall not affect Sublandlord’s determination in any manner whatsoever the validity of the Commencement Date. Subtenant shall have reasonable early access to , the Subleased Premises beginning on Rent Commencement Date, the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Expiration Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject as determined pursuant to the terms and conditions of this SubleaseLease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenantor Landlord’s early access shall be subject to all the terms and conditions of or Tenant’s obligations under this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay RentLease.

Appears in 1 contract

Samples: Office Lease (Schrodinger, Inc.)

Commencement Date. Subject to satisfaction of the condition set forth in Section 13 hereof(a) As herein used, the term of this Sublease phrase "commencement date" shall mean the earlier of: (“Sublease Term”i) shall commence on April 1the day Tenant opens for business in the demised premises, 2022 or (“Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 ii) one hundred twenty (“Expiration Date”). If Sublandlord is unable 120) days after Landlord has delivered to deliver Tenant possession of the Sublease demised premises as same are to be substantially completed by Landlord and ready for occupancy, as in (b) below. Landlord agrees to deliver the demised premises to Tenant with Landlord's Work (as set forth on Exhibit "B", attached hereto and made a part hereof) completed between July 1, 2006 and October 15, 2006 (the "Delivery Period"). Landlord shall give Tenant notice (the "Estimated Delivery Notice") no later than July 1, 2006 of the status of Landlord's construction and the estimated date that Landlord shall deliver the Premises to Subtenant Tenant with Landlord's Work substantially completed (the "Estimated Delivery Date"). Landlord may, but is under no obligation, to revise the Estimated Delivery Date any time prior to thirty (30) days prior to the Estimated Delivery Date (the "Final Delivery Notice Date"), by which time Landlord shall have given Tenant a final notice (the "Final Delivery Notice") of a firm delivery date (the "Final Delivery Date") upon which the Landlord's Work shall be substantially completed and the demised premises delivered to Tenant. Upon the sending of the Final Delivery Notice, Landlord shall have no further right to modify the Final Delivery Date. However, if Landlord has not delivered a Final Delivery Notice by the Final Delivery Notice Date, then the Estimated Delivery Notice shall be the Final Delivery Notice and the Estimated Delivery Date shall be the Final Delivery Date. The Final Delivery Date shall not be earlier than (i) thirty (30) days after the date Tenant receives the Final Delivery Notice, or (ii) the first day of the Delivery Period. If Landlord does not deliver the demised premises to Tenant as required herein by October 15, 2006, Tenant may defer delivery until January 2, 2007. If Landlord does not deliver the demised premises to Tenant thereafter on or before any particular dateJuly 1, for any reason2007, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of Tenant may terminate this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancyLease. Notwithstanding any provision in the Master Lease granting Sublandlordforegoing, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, SublandlordLandlord’s failure to deliver any such written confirmation the demised premises to Subtenant Tenant on or before July 1, 2007 is due to an event of force majeure which occurs on or after May 1, 2007, Tenant may not exercise its right to terminate the Lease pursuant to this Section 3(a) for an additional ninety (90) day period. In the event that the demised premises and Landlord's Work are not substantially completed and delivered to Tenant on or before the Final Delivery Date, the minimum rent due hereunder shall not affect Sublandlord’s determination be adjusted so that, after the Rent Commencement Date, the Tenant shall receive a credit against minimum rent thereafter due Landlord equal to one (1) day of minimum rent for each day after the Final Delivery Date until delivery of the Commencement Date. Subtenant shall have reasonable early access demised premises is made to Tenant consistent with the Subleased Premises beginning on terms of this Lease, including substantial completion of the date Sublandlord has vacated the Sublease Premises Landlord's Work (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the Early Access Date”) until the Commencement Date (the “Early Access PeriodLate Delivery Credit”). During such Early Access PeriodIn the event Landlord does not provide to Tenant a Final Delivery Notice as required herein and the demised premises and Landlord’s Work is not substantially completed and delivered to Tenant on or before the Final Delivery Date, Subtenant the Late Delivery Credit shall not conduct business operations in exceed One Hundred Fifty Thousand Dollars and 0/00 ($150,000.00). Tenant shall not be obligated to accept possession of the Sublease Premises or any portion thereof, but, subject demised premises prior to the terms later of (a) substantial completion of Landlord's Work, (b) the first day of the Delivery Period and conditions (c) the Final Delivery Date. Time is of the essence regarding all dates set forth in this SubleaseSection 3(a). Landlord shall obtain a certificate of occupancy or completion, Subtenant may, during such Early Access Period, install its furniture, furnishings permit or the local equivalent that is required for Landlord’s Work at the demised premises so that Tenant may obtain a building permit for Tenant’s Work and equipment in commence performance of the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentsame.

Appears in 1 contract

Samples: DSW Inc.

Commencement Date. Subject to satisfaction The Term of the condition set forth Lease shall commence ("Commencement Date") on the first day of the first full month following the date on which the Premises are Substantially Complete (as hereinafter defined) except that if Substantial Completion occurs on the first day of a month, that date shall be the Commencement Date, and the Lease shall continue in full force and effect for the period of time specified as the Term or until this Lease is terminated as otherwise provided herein. The Premises shall be deemed to be "Substantially Complete" on the earliest of the date on which: (1) Landlord delivers to Tenant an architect's notice of substantial completion, or similar written notice that the Premises are substantially complete and, if required, a certificate of occupancy (or a reasonably substantial equivalent such as a signoff from a building inspector or a temporary certificate of occupancy) is issued for the Premises, or (2) Tenant first occupies all or any portion of the Premises (except for initial fixturing and installation and testing of telecommunications and data processing systems as provided for in Section 13 hereof25 below). Landlord shall arrange for the construction of certain Tenant Improvements (as defined in the Work Letter attached hereto as Exhibit B), if any, in accordance with and subject to the term terms of this Sublease the Work Letter. Tenant shall, upon demand after delivery of the Premises to Tenant, execute and deliver to Landlord a Commencement Date Memorandum in the form attached hereto as Exhibit C, acknowledging (“Sublease Term”i) shall commence on April 1, 2022 (“the Commencement Date”), (ii) the final square footage of time Premises, and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”)iii) Tenant's acceptance of the Premises. If Sublandlord is unable the Premises are not Substantially Complete on the Estimated Commencement Date as extended by Force Majeure events and delays caused by Tenant's action or failure to deliver possession of the Sublease Premises to Subtenant on or before any particular dateact, for any reasonthis Lease shall remain in effect, Sublandlord Landlord shall not be subject to any liability for its failure to do soliability, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such delayed until the date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready Substantially Complete. Tenant has determined that the Premises are acceptable for occupancy. Notwithstanding Tenant's use and Tenant acknowledges that, except as may be expresslx xxxxrwise provided in this Lease, neither Landlord nor any provision broker or agent has made any representations or warranties in connection with the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 physical condition of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or their fitness for Tenant's use upon which Tenant has relied directly or indirectly for any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentpurpose.

Appears in 1 contract

Samples: Office Lease (Ipayment Inc)

Commencement Date. Subject The "Commencement Date" shall be the date upon which Landlord's Work (as defined in EXHIBIT C) is Substantially Complete (as defined in EXHIBIT C), provided, however, that if as part of Landlord's Work, Landlord has not on or before March 15, 2000 (subject to satisfaction Tenant Delays) laid down a sufficient amount of the condition set forth carpeting, in Section 13 hereofLandlord's reasonable judgment, the term of this Sublease to enable Tenant to commence Tenant's Work (“Sublease Term”as defined in EXHIBIT C) shall commence and to prosecute such work continuously to completion on or before April 1, 2022 2000 (“Commencement the "Delivery Date"), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be no earlier than May 1, 2000. Occupancy of the Premises by Tenant prior to the Commencement Date shall be at Tenant's sole risk and deemed pursuant to, and subject to, all of the terms and provisions of this Lease, including the payment of Base Rent, Costs of Electricity, and Tenant's Share of Expense Increases and Tax Increases (as such terms are hereinafter defined), except as may otherwise be expressly set forth herein; provided, however, that except as may be set forth in EXHIBIT C hereto, Tenant shall not be entitled to take occupancy of the Premises or any portion thereof prior to the date it receives notice from Landlord that Sublandlord gives Subtenant Landlord's Work is Substantially Complete. Subject to Force Majeure and Tenant Delays, Landlord will use all reasonable and diligent efforts to achieve Substantial Completion of Landlord's Work on or before the Delivery Date. Subject to Force Majeure, in the event that the Commencement Date, as established hereby and pursuant to the operation of the provisions of EXHIBIT C regarding Tenant Delays, occurs after the Delivery Date, Tenant's Rent (as defined in Section 1.5 below) hereunder shall abatx xx one (1) day for each day that the Commencement Date follows the Delivery Date. Notwithstanding the foregoing, in the event Substantial Completion shall not have occurred on or prior to that day which is six (6) months after the execution hereof, subject to an additional period of up to three (3) months if Substantial Completion is delayed by the occurrence of one or more events of Force Majeure (the "Outside Delivery Date"), Tenant shall be permitted to terminate this Lease by written notice that (A) Master given to Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within within ten (10) days after Sublandlord’s requestthe Outside Delivery Date. If such notice is not so given, Subtenant shall execute and deliver Tenant's right to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant so terminate this Lease shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentbeen waived.

Appears in 1 contract

Samples: MCK Communications Inc

Commencement Date. Subject The commencement date for the Landlord Build Premises (the “Landlord Build Premises Commencement Date”) shall occur on the later of (a) December 1, 2018, or (b) subject to satisfaction the terms of Exhibit D hereto, sixty (60) days following the Substantial Completion of the condition set forth Landlord’s Work (as such terms are defined in Section 13 hereofthe Work Letter attached as Exhibit D hereto), such sixty (60) day period being referred to herein as the “Tenant Build Out Period”) . The commencement date for the First Floor South Wing Premises (the “First Floor South Wing Premises Commencement Date”) shall occur on the earlier of (a) the date on which Tenant occupies the First Floor South Wing Premises and begins conducting business therein, or (b) December 1, 2018. The phrase “begins conducting business” (and other phrases of similar import) shall not include use of the applicable portion of the Premises by Tenant solely for the storage, construction, staging or the construction or installation of Tenant’s Work by Tenant pursuant to Exhibit D of this Lease. As used herein, the term of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date” shall mean the date on which both the First Floor South Wing Premises Commencement Date and the Landlord Build Premises Commencement Date have occurred. Notwithstanding the foregoing, if Tenant desires to begin conducting business in all or any part of the First Floor South Wing Premises, the First Floor North Wing Premises, [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. the Fifth Floor Premises, or the Sixth Floor Premises after the same are ready for occupancy but prior to December 1, 2018 (the applicable portion of the Premises being referred to herein as the “Early Occupancy Space”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable then Tenant shall have the right to deliver possession of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and commence such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant business operations therein by providing written notice that (A) Master to Landlord has consented prior to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenantsuch use; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant that (1) Tenant shall not affect Sublandlord’s determination commence paying Rent hereunder; provided, however, that the Rent due hereunder shall be prorated based on a fraction the numerator of which is the Rentable Area of the Commencement Date. Subtenant Early Occupancy Space and the denominator of which is the Rentable Area of the Premises; (2) such use shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but otherwise be in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to strict accordance with all of the terms and conditions of this SubleaseLease; and (3) such use shall not accelerate the Commencement Date hereunder. For the avoidance of doubt, Subtenant may, during such Early Access Period, install Tenant acknowledges and agrees that if Tenant exercises its furniture, furnishings and equipment right to commence business in the Sublease First Floor South Wing Premises, the First Floor North Wing Premises, the Fifth Floor Premises and install its telephone and telecommunication equipment in or the Sublease Sixth Floor Premises. Subtenant’s early access , whether concurrently or serially, prior to December 1, 2018, then the first date on which Tenant so operates within the entire Premises shall be subject to all constitute the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay RentCommencement Date hereunder.

Appears in 1 contract

Samples: Lease (Cerus Corp)

Commencement Date. Subject Landlord covenants to satisfaction use commercially reasonable efforts to cause substantial completion of (i) the Shell Improvements and delivery of the condition set forth Premises to Tenant for purposes of Tenant's construction of the Tenant Improvements in Section 13 hereof, accordance with the term of this Sublease (“Sublease Term”) shall commence Work Letter on or before April 1, 2022 (“Commencement Date”)2001, and expire(ii) substantial completion of the Base Building Improvements on or before July 1, unless sooner terminated, on October 31, 2030 (“Expiration Date”)2001. If Sublandlord is unable Landlord fails to deliver meet either or both of the foregoing dates due to default on the part of Landlord (as determined in accordance with Article 26 below) or as a result of the occurrence of events of force majeure as described in Article 41 below, then as Tenant's sole remedies for the delay in Tenant's taking possession of the Sublease Premises or the completion of the Base Building Improvements, (a) Tenant shall be entitled to Subtenant on or before any particular date, one (1) day of free Rent in the Premises for any reason, Sublandlord shall not be subject each day that Landlord fails to any liability for its failure to do so, and such failure shall not affect timely deliver the validity of this Sublease nor Shell Improvements and/or the obligations of Subtenant hereunder Base Building Improvements as required herein (subject to Section 12 hereofthe "Free Rent Period"), but, in such event, ; (b) the Rent Commencement Date shall be such date delayed for the period of delay in substantial completion of the Shell Improvements and/or delivery of the Premises, as applicable, resulting from Landlord's default and for the duration of the Free Rent Period; and (c) the Expiration Date of the Lease Term shall likewise be extended; provided, that Sublandlord gives Subtenant written notice in the event that substantial completion of the Shell Improvements and delivery of the Premises and/or substantial completion of the Base Building Improvements has not occurred on or before January 1, 2002 due to default on the part of Landlord (A) Master Landlord has consented to this Sublease determined in accordance with Section 13 hereof and (BArticle 26 below) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, or as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 a result of the Master Lease)occurrence of events of force majeure as described in Article 41 below, Subtenant then Tenant shall have no option the right to extend the term of terminate this Sublease. Within Lease upon ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver days' prior written notice to Sublandlord a written confirmation Landlord. The date on which Landlord actually delivers possession of the Commencement Date and all other matters set forth therein (and if Subtenant fails Premises to do so, Tenant shall be deemed in accordance with the foregoing is referred to have executed and returned herein as the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the "Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rent."

Appears in 1 contract

Samples: Lease Agreement (Frontier Airlines Inc /Co/)

Commencement Date. Subject to satisfaction of the condition set forth in Section 13 hereof, the The term of this Sublease lease (the Sublease Term”) shall commence on April 1, 2022 the date (herein referred to as “Commencement Date”)) which shall be the earlier of (i) the date Tenant occupies the Demised Premises for the conduct of their business or (ii) the date when the Demised Premises shall be deemed substantially complete. The Lease shall expire on the latest to occur of (i) May 31, and expire2029 or (ii) or 120 Months from the 14th Floor Premises CD as provided for in paragraph 48.02 or (iii) the last day of the 120th calendar month after the month in which the Commencement Date occurs (provided that if the Commencement Date is the first day of a month, this Lease shall expire on the last day of the 120th calendar month of the Term) , unless sooner terminated, on October 31, 2030 terminated or extended as provided herein (“Expiration Date”). If Sublandlord is unable to deliver possession of the Sublease The Demised Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such deemed “substantially complete” on the date that Sublandlord gives Subtenant written notice that Landlord’s Initial Improvements (Aas hereinafter defined) Master Landlord has consented to this Sublease in the Demised Premises shall have been substantially completed in accordance with Section 13 hereof all applicable laws (and it shall be so deemed notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration (B“punchlist items”) remained to be performed, the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “non-completion of which do not materially interfere with Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 ’s use of the Master LeaseDemised Premises), Subtenant and the Demised Premises have been delivered to Tenant vacant and broom clean. Landlord shall have use commercially reasonable efforts to give Tenant at least five (5) Business Days prior notice of substantial completion. Landlord and Tenant shall use reasonable efforts to schedule and jointly perform a walk-through of the Demised Premises to confirm that substantial completion has occurred, provided that failure for such walk-though to occur shall in no option way delay or toll the Commencement Date. Landlord shall use commercially reasonable efforts to extend complete such punchlist items as soon as possible after receipt of notice thereof, and to minimize interference with Tenant’s conduct of business during such work. Tenant shall commence paying the term Basic Annual Rent and additional rent due under this Lease on the date (the “Rent Commencement Date”) that is the later of this Sublease. Within ten the date that is five (105) days Business Days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein June 1, 2019. Notwithstanding anything herein to the contrary, in the event the Commencement Date does not occur by November 1, 2019 (and if Subtenant fails to do so“Outside Date”), Tenant shall have the right to cancel this Lease by written notice to Landlord, and upon delivery of such notice this Lease shall be deemed to have executed terminated and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant neither party shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 any further rights or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentobligations hereunder.

Appears in 1 contract

Samples: Commencement Date Agreement (Inter Parfums Inc)

Commencement Date. Subject The Term (defined below) and Tenant’s obligation to satisfaction of the condition set forth in Section 13 hereof, the term of this Sublease (“Sublease Term”) pay Rent shall commence on April 1the date that is the day Tenant takes actual possession, 2022 which date will be no more than ten (10) business days after the date on which the Tenant Improvement Work (as defined in the Work Letter) has been Substantially Completed (as defined below) (the “Commencement Date. Landlord shall cause the Tenant Improvement Work to be completed pursuant to the work letter attached hereto as Exhibit C (the “Work Letter”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable shall use best efforts to deliver possession cause the completion of the Sublease Premises Final Plans and the Tenant Improvement Work to Subtenant on or before any particular datebe done in a timely manner, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision as contemplated in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this SubleaseWork Letter, including, without limitation, Substantial Completion of the Tenant Improvement Work within eight weeks of the completion of the Final Plans (as defined in the Work Letter). “Substantially Complete” or “Substantial Completion” or “Substantially Completed” mean the date that the Parties agree in writing that the Tenant Improvement Work is all insurance and maintenance obligationsbut complete, except that final permits may not have been signed by the city, whereby Tenant may take possession and use the Premises as contemplated herein. If, at any time after the Parties agree that the Tenant Improvement Work is Substantially Complete and the date that the final permits are signed by the city, Tenant’s use of the Premises is encumbered in any manner that prevents Tenant from the normal operation of its business within the Premises as contemplated herein as a result of any work performed by Landlord, its agents, employees or contractors, Tenant shall be entitled to an equitable abatement of Rent during such period until such time when the Premises are suitable for Tenant's unimpeded use. During the obligation to pay Rentfirst twelve (12) months of the Term of this Lease, Landlord shall, at Landlord's sole cost and expense, repair any defects in the construction of the Tenant Improvement Work.

Appears in 1 contract

Samples: SVTC PDF Solutions Lease (PDF Solutions Inc)

Commencement Date. Subject to satisfaction of the condition set forth in Section 13 hereofSections l.C and x.X below, the term of this Sublease (“Sublease Term”) shall commence on April 1, 2022 commencement date (“Commencement Date”)) for this Lease is the date set forth in the Schedule. Notwithstanding the foregoing, and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable if Landlord fails to deliver possession of the Sublease portion of the Premises consisting of Building C to Subtenant Tenant on or before any particular date, the Commencement Date vacant and otherwise in the condition required hereunder for any reason, Sublandlord then (i) this Lease shall not be subject void or voidable by either party, (ii) Landlord shall not be liable to Tenant for any liability for its failure to do soloss or damage resulting therefrom, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, iii) the Commencement Date with respect to the portion of the Premises consisting of Building C shall be such revised to mean the date that Sublandlord gives Subtenant written notice that on which Landlord delivers possession of Building C to Tenant vacant and otherwise in the condition required hereunder, and the Termination Date shall remain unchanged. Tenant acknowledges and agrees that, notwithstanding anything to the contrary in this Lease, its rights under this Lease with respect to Building C are subject and subordinate in all respects to (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (Bi) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, option of AMAT (as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option hereinafter defined) to extend the term of this Subleasethe AMAT Lease (as hereinafter defined) with respect to Building C its set forth in Section 31 of the AMAT Lease, and (ii) any other agreement between Landlord and AM4T to extend the term of the AMAT Lease with respect to Building C whether or not reflected in the AMAT Lease or entered into after the date hereof and prior to March 1 , 2003. Within ten Landlord will use commercially reasonable efforts to regain possession of Building C in the event that the term of the AMMAT Lease with respect to Building C is not extended as provided in subpart (10i) or (ii) hereof for any reason whatsoever and Vitria (as hereinafter defined) or any other occupant remains in occupancy following termination of the Vitria Sublease (as hereinafter defined) or the AMAT lease as to Building C, including the initiation of unlawful detainer proceedings. In the event the term of the AMAT Lease with respect to Building C is not extended for any reason whatsoever and Landlord fails to deliver possession of Building C vacant and otherwise in the condition required hereunder within ninety (90) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation the estimated Commencement Date for Building C set forth in Item 10 of the Commencement Date and all other matters Schedule, then Tenant may, by written notice to Landlord, terminate this Lease with respect to Building C only. Upon any such termination. Landlord shall promptly return to Tenant S 146,696.30 representing the portion of the Initial Security Deposit applicable to Building C. Upon request from Tenant. Landlord agrees to promptly inform Tenant as to whether the AMAT Lease has been extended. In the event that the AMAT Lease is extended as set forth therein in subparts (and if Subtenant fails i) or (ii) above, or this Lease is otherwise terminated as to do soBuilding C as expressly set forth in this Lease, Tenant references in this Lease to “Building C” shall be deemed to have executed deleted, “Premises” and returned “Building” shall not include Building C, and the same without exception). Such confirmation square footage, the Base Rent and other rental amounts, Tenant’s Proportionate Share, the number of parking spaces, the Initial Security Deposit and other similar amounts shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentproportionately reduced.

Appears in 1 contract

Samples: Sublease (Vitria Technology Inc)

Commencement Date. Subject to satisfaction The commencement date of the Term with respect to the New First Floor Contiguous Space shall be January 1, 2003 (the “New First Floor Contiguous Space Commencement Date”) provided that: (i) the Tenant Improvements to be constructed by Landlord in the New First Floor Contiguous Space are “substantially complete” (as defined in Section 2(g) of the Work Letter attached to the Lease as Exhibit E and attached to this Amendment as Exhibit B (the “Work Letter”)) (ii) Tenant has received a temporary certificate of occupancy which permits Tenant’s use of the New First Floor Contiguous Space for Tenant’s intended use; (iii) the incompletion of items required for a permanent unconditional Certificate of Occupancy will not materially impact Tenant’s occupancy, use, and enjoyment of the New First Floor Contiguous Space, all as reasonably determined by Tenant; and (iv) Tenant is able to commence its intended business operations within the New First Floor Contiguous Space, subject only to the installation by Tenant of its personal property. Landlord shall deliver possession of the New First Floor Contiguous Space to Tenant on the New First Floor Contiguous Space Commencement Date with the New First Floor Contiguous Space Improvements completed, as required in this Amendment, and free of all tenants and occupants, if any, and their personal property, fixtures, and equipment, broom clean, in good working order and condition and in compliance with all applicable laws, codes, ordinances, rules and regulations. Expiration of the term for the lease of the New First Floor Contiguous Space shall be as set forth in Section 13 hereof, the term of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession 2.01 of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord Lease. Landlord and Tenant shall not be subject to any liability for its failure to do so, and such failure shall not affect execute a certificate memorializing the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the New First Floor Contiguous Space Commencement Date promptly upon determination of such date. Landlord and Tenant shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease work in accordance with Section 13 hereof and (B) the Sublease Premises are ready good faith for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 completion of construction of the Master Lease)New First Floor Contiguous Space Tenant Improvements at the lowest practical cost and at the earliest reasonable time consistent with the intended scope, Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute image and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, budget/schedule for such Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, butImprovements, subject to the terms and conditions provisions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay RentAmendment.

Appears in 1 contract

Samples: Lease (Inverness Medical Innovations Inc)

Commencement Date. Subject to satisfaction This Lease Agreement shall be for an initial term of ten (10) years (the “Initial Term”) commencing on the “Commencement Date” (as hereinafter defined). The term “Commencement Date” shall mean the earlier of the condition date of (i) Substantial Completion, as hereinafter defined in Section 1.1(b) below, and delivery of an SNDA, as hereinafter defined, pursuant to the terms and conditions set forth in Section 13 hereofthis Lease Agreement or (ii) the occupancy of the Demised Premises and commencement of business operations by Tenant or (iii) the date that Substantial Completion would have occurred but for the delay caused or contributed to by any act or neglect of Tenant or those acting for or under Tenant (including Tenant Change Orders, Tenant Installation Work, Tenant Installation Contractor and Tenant Installation Contracts) (calculated in whole days for the term actual number of days of delay), including delays attributable to Tenant’s responses to or delivery of plans and specifications as set forth in Article 2 of this Sublease Lease or Tenant’s selection of special or long lead time items beyond Landlord’s control (“Sublease Term”provided Landlord notifies Tenant in writing of any long lead items and the actual number of days it will take to receive such items within ten (10) shall commence on April 1, 2022 (“Commencement Date”)business days after Landlord’s initial receipt of plans or specifications including such item, and expirethen only to the extent that such delay could not be avoided or reduced by Landlord’s timely ordering of such item, unless sooner terminated, on October 31, 2030 allowing for such long lead time.) (collectively Expiration DateTenant Delay”). If Sublandlord is unable Landlord desires to deliver possession of the Sublease Premises to Subtenant on or before any particular dateallege that Tenant Delay has occurred, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within later than ten (10) business days after Sublandlord’s requestthe occurrence of a Tenant Delay, Subtenant Landlord shall execute and deliver to Sublandlord a Tenant written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, notice that an alleged Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and SubtenantDelay has occurred; provided, however, Sublandlord’s failure that with respect to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access subparagraph (iii) hereof, to the Subleased Premises beginning on extent any other Force Majeure Event coincides with an event of Tenant Delay, the date Sublandlord has vacated the Sublease Premises (that Substantial Completion would have occurred but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (for such date the other Force Majeure Event will be extended Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject day for day” to the terms and conditions extent of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentother Force Majeure Event.

Appears in 1 contract

Samples: Lease Agreement (Digital Lightwave Inc)

Commencement Date. Subject (Section 3.1): The earlier to satisfaction occur of: (i) the date upon which Substantial Completion (as herein defined) of the condition Improvements (as defined in the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter")) has occurred in the entire Premises, and (ii) August 1, 2012 (which August 1, 2012 will be extended by one (1) day for each day Tenant is actually delayed in designing, permitting and constructing the Improvements as a result of an event of Force Majeure (as defined in Section 25.25 hereof) and/or a Landlord Delay (as defined in Section 3.5 of the Tenant Work Letter), but no such extension will continue beyond the date upon which Tenant actually begins to conduct its business in the Premises for the permitted use set forth in Section 13 hereof, the term 1.17 of this Sublease Lease. For purposes of determining the Commencement Date, "Substantial Completion" of the Improvements in the Premises shall occur upon completion of the following: (“Sublease Term”i) a final certificate of occupancy (or its equivalent) has been obtained from the City of Farmers Branch, Texas, and (ii) substantial completion of construction of the Improvements in the Premises in substantial conformance with the Approved Working Drawings (as defined in Section 3.4 of the Tenant Work Letter) has occurred. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Landlord and Tenant hereby acknowledge and agree that Tenant will at Tenant's sole election construct the Improvements in the Premises pursuant to a phased construction schedule and in connection with such phased construction, Tenant shall have the right to commence business from portions of the Premises (the "Early Occupancy Space") during the period (the "Early Occupancy Period") from date of substantial completion of the Improvements (if any) relating to such Early Occupancy Space until the Commencement Date, provided that (a) a temporary certificate of occupancy (or its equivalent or other governmental action (e.g,. a final sign-off by the Building Inspector for the portion of the Improvements) shall commence on April 1, 2022 have been issued by the appropriate governmental authorities for the Early Occupancy Space (“Commencement Date”or portion thereof), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession ii) all of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this SubleaseLease shall apply, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the including Tenant's obligation to pay Rentseparately for reserved parking fees pursuant to the Parking Addendum attached as Exhibit C to this Lease, during the Early Occupancy Period (if any), except that Tenant's obligation to pay monthly Base Rent shall be proportionately reduced to equal an amount equal to the monthly installment of annual rate per rentable square foot (i.e., $1.83) times the rentable area (based upon the BOMA Standard) within the Early Occupancy Space (as the same may exist from time to time during the Early Occupancy Period) as mutually and reasonably agreed upon in good faith by Landlord and Tenant.

Appears in 1 contract

Samples: Office Lease (Copart Inc)

Commencement Date. Subject This Lease shall be effective and in full force upon execution by the parties hereto. The Lease Term begins and the first Rent is due on the "Commencement Date" which shall be the earlier of: (i) one hundred twenty (120) days after written notice to satisfaction Tenant by Landlord in accordance with this Lease that Landlord's Work is substantially complete in accordance with the Handbook (as hereinafter defined) and the Premises are available to Tenant ready for Tenant's Work, or (ii) the date Tenant opens for business in the Premises; however, Tenant shall otherwise comply with the terms hereof as of the condition date the Premises are available to Tenant ready for Tenant's Work and Tenant covenants and agrees to commence Tenant's Work within thirty (30) days after Landlord gives such notice to Tenant that the Premises are available to Tenant for Tenant's Work (but not prior to receipt by Tenant of approval of Tenant's Working Drawings as provided in the Handbook). Tenant's failure to commence the Tenant's Work by the date which is thirty (30) days after the date of Landlord's notice to Tenant as set forth in Section 13 hereof, the term clause (i) of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”subsection 1.1(i), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession Tenant's cessation of the Sublease Premises to Subtenant on Tenant's Work for a period in excess of thirty (30) days after commencement thereof, or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its Tenant's failure to do soopen for business by the date which is sixty (60) days after the Commencement Date shall, upon the occurrence of any of such events, constitute a default for which Tenant shall receive written notice from Landlord and thirty (30) days within which to cure such default and no other or further notice and cure period shall be applicable (notwithstanding any other provision of this Lease to the contrary); provided further, however, Tenant agrees that Tenant shall cooperate with Landlord to effect a joint opening of the Shopping Center, and in connection therewith, Landlord shall give notice to Tenant of the "Grand Opening Date" of the Shopping Center on the date upon which the Premises are delivered by Landlord to Tenant and, if such Grand Opening Date shall be a date subsequent to the date set forth in clause (i) of this subsection (i.e., later than the date which is 120 days after the date the Premises are delivered to Tenant), Tenant shall delay the opening of its business from the date Tenant otherwise would have been ready to open for business or required to open for business under the provisions of this subsection, and Tenant shall open for business on such Grand Opening Date designated by Landlord, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, Grand Opening Date in such event, circumstances shall be the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that under this Lease (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) including for the Sublease Premises are ready for occupancy. Notwithstanding any provision purposes of commencement of payment of Rent); provided further, however, in the Master Lease granting Sublandlord, as “Tenant,” an option to extend event the term thereof date set for the Grand Opening Date is later than the date which is one hundred twenty (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10120) days after Sublandlord’s request, Subtenant shall execute and deliver the date upon which the Premises are delivered by Landlord to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do soTenant, Tenant shall be deemed permitted to have executed and returned delay commencement of the same without exception)Tenant's Work, at Tenant's sole option, to the date which is one hundred twenty (120) days prior to the scheduled Grand Opening Date. Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant Landlord shall not affect Sublandlord’s determination be responsible or liable to Tenant or those claiming by, through or under Tenant for loss or damage caused by or resulting from a delayed Commencement Date and opening for business by reason of Landlord's efforts to effect a joint opening of the Commencement DateShopping Center. Subtenant In no event shall have reasonable early access Tenant open for business before Landlord opens the Shopping Center to the Subleased public. This Lease shall automatically terminate in the event the Premises beginning on are not available to Tenant ready for Tenant's Work within three (3) years after the date Sublandlord has vacated of this Lease. In the Sublease event Landlord fails to so deliver the Premises (but and this Lease is terminated, Landlord shall reimburse Tenant for the actual, reasonable costs incurred by Tenant in no event later than February 1connection with the preparation of this Lease and the Premises, 2022 or earlier than the date Master not to exceed $100,000.00. Landlord consents and Tenant agree to this Sublease) (such date the “Early Access Date”) until the Commencement execute that certain "Delivery of Possession Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations Certificate" and "Opening and Termination Date Declaration" included in the Sublease Premises or any portion thereof, but, subject to the terms and conditions Handbook of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay RentTenant Information.

Appears in 1 contract

Samples: Lease (Harrys Farmers Market Inc)

Commencement Date. Subject to satisfaction of Upon the condition set forth in Section 13 hereofEffective Date, the term of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”), terms and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date ----------------- provisions hereof shall be such date that Sublandlord gives Subtenant written notice that (A) Master fully binding on Landlord has consented and Tenant prior to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation occurrence of the Commencement Date (as hereinafter defined). The Term of this Lease shall commence on that date (the "Commencement Date") which is the later of the (i) "Scheduled Commencement Date" specified in Article 1, or (ii) date any portion of the Premises comprising at least a full floor is deemed Ready for Occupancy (as such term is defined in the Workletter Agreement (as hereinafter defined)). Unless sooner terminated as hereinafter provided, the Term shall end on the "Expiration Date" specified in Article 1. Landlord shall use its commercially reasonable efforts to tender all four (4) of the floors comprising the Premises within thirty (30) days following the Term Commencement Date. Tenant's obligation to pay Fixed Rent and Operating Expenses and Taxes shall commence on a Floor by Floor basis as each such Floor is tendered to Tenant in its Ready for Occupancy condition. If Landlord does not tender possession of all or any portion of the Premises to Tenant on or before the Scheduled Commencement Date in its Ready for Occupancy condition for any reason whatsoever, Landlord shall not be liable for any damage thereby, this Lease shall not be void or voidable thereby, and Tenant shall not be liable for any Rent or any other matters sums payable by Tenant hereunder with respect to any nontendered portion of the Premises (except for (1) any special services provided by Landlord at Tenant's request with the understanding that Tenant's obligation to pay therefor is not conditioned upon delivery of the Premises and which are not customarily provided to tenants of buildings comparable to the Building except at additional cost and (2) any damages or claims under any indemnities by Tenant set forth therein (and if Subtenant fails in this Lease) until Landlord tenders possession of such portion of the Premises to do soTenant in its Ready for Occupancy condition, unless the delay in tendering possession of the Premises to Tenant is caused by "Tenant Delays" as defined in the Workletter Agreement. If any such delay in Landlord's tendering possession of the Premises to Tenant is caused by Tenant Delays, then Tenant shall be deemed liable for Rent commencing on the date Landlord would have been able to have executed and returned tender possession of the same without exception)Premises to Tenant with the Premises in its Ready for Occupancy condition had there not occurred Tenant Delays. Such confirmation No failure to tender possession of the Premises to Tenant on or before the Scheduled Commencement Date shall be conclusive and binding upon Sublandlord and Subtenantin any way affect any other obligations of Tenant hereunder; provided, however, Sublandlord’s that if Landlord fails to tender possession of the Premises in their Ready for Occupancy condition by December 31, 2000 (the "Termination Date"), which Termination Date shall be extended one (1) day for each day of Tenant Delays, then Tenant shall have the right, upon prior written notice to Landlord, to terminate this Lease, unless, prior to the Termination Date specified in Tenant's Termination Notice, Landlord tenders possession of the Premises to Tenant in their Ready for Occupancy condition. If Tenant elects to so terminate this Lease, Landlord shall not be obligated to reimburse Tenant for the costs of the planning, design or construction of the Improvements (as hereinafter defined) paid for by Tenant prior to the effective date of termination. Once all four (4) floors of the Premises have been delivered and the Commencement Date has been determined, Landlord and Tenant shall execute an amendment to this Lease stating the Commencement Date, the Expiration Date and the dates Fixed Rent commenced for each of the four (4) floors comprising the Premises, but any failure to deliver any execute such written confirmation to Subtenant an amendment shall not affect Sublandlord’s the determination of such dates hereunder. Tenant shall have the right, prior to the Commencement Date. Subtenant shall have reasonable early access , to enter the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1for purposes of planning, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms constructing and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, installing Tenant's furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance Tenant's installation of telecommunications and maintenance obligationscomputer cables, except for provided that in connection with any such early entry (a) Landlord reasonably determines that such entry would not unreasonably impede or interfere with Landlord's construction of the obligation Improvements and (b) Tenant's entry shall be subject to pay Rentsuch safety procedures and restrictions as Landlord's contractor may reasonably impose. To the fullest extent permitted by law but excluding the gross negligence or willful misconduct of Landlord or its employees, agents or contractors, Tenant hereby assumes the entire risk of damage of, or injury to, any of Tenant's furniture, furniture systems or equipment installed or placed in any portion of the Premises by Tenant prior to the Commencement Date.

Appears in 1 contract

Samples: Lease (Portal Software Inc)

Commencement Date. Subject Landlord and Tenant shall use their best efforts to satisfaction complete the Building and the Initial Tenant Improvements in accordance with Exhibit D hereto on the Target Commencement Date or as soon thereafter as practicable. The determination of the condition set forth in Section 13 hereof, Commencement Date with respect to the term Initial Premises shall depend on which contractor is selected to construct the Initial Tenant Improvements. If Tenant selects the contractor engaged by Landlord to construct the shell and core of this Sublease the Building (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”the "Shell and Core Contractor"), and expireLandlord shall use its commercially reasonable best efforts to cause the Commencement Date to occur by May 21, unless sooner terminated, on October 31, 2030 (“Expiration Date”)1999. If Sublandlord the Shell and Core Contractor's bid is unable to deliver possession the lowest received by Tenant for the construction of the Sublease Premises to Subtenant on Tenant Improvements, or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do sois within two percent (2%) of the lowest bid received, and such failure shall not affect Tenant chooses a contractor other than the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such eventShell and Core Contractor, the Commencement Date shall be such deemed to occur on the date that Sublandlord gives Subtenant written notice it otherwise would have occurred had the Shell and Core Contractor been chosen to construct the Initial Tenant Improvements (as reasonably determined based on the Shell and Core Contractor's proposed schedule included in its tenant work bid.) If the Shell and Core Contractor is not the lowest bidder or within two percent (2%) of the low bidder, and Tenant chooses such low bidder, the Commencement Date shall be deemed to occur on the earlier of (i) the date five (5) weeks after that date that it otherwise would have occurred had the Shell and Core Contractor been chosen to construct the Initial Tenant Improvements (as reasonably determined based on the Shell and Core Contractor's proposed schedule included in its tenant work bid), or (ii) the date the Commencement Date would otherwise occur pursuant to the following paragraph. All of the foregoing dates are subject to the delay provisions contained in Section 3(d) below. The contractor so selected to construct the Tenant Improvements shall be hereinafter referred to as the "Tenant Improvements Contractor." The Commencement Date with respect to the Initial Premises shall be deemed to occur on (A) Master Landlord has consented the later of (I) the completion date specified in the notice ("30 Day Notice") delivered to this Sublease Tenant at least thirty (30) days prior to the date that the Initial Premises will be completed for occupancy or (II) the date the entirety of the Initial Premises is in accordance fact delivered to Tenant with Section 13 hereof all of Landlord's Work and the Initial Tenant Improvements substantially completed, or (B) such earlier date as Landlord would have been able to so deliver the Sublease entire Premises are ready to Tenant but for occupancyTenant Delay (defined below). Subject to Tenant Delay or other causes beyond Landlord's control, Landlord shall use its best efforts to deliver the Premises to Tenant no later than the completion date specified in the 30 Day Notice. Notwithstanding any provision in the Master Lease granting Sublandlordforegoing, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access occurred with respect to the Subleased Initial Premises beginning on the date Sublandlord has vacated Tenant first occupies the Sublease Initial Premises (but in no event later than February 1for normal business operations, 2022 or if such date is earlier than the date Master Landlord consents dates described above. The Commencement Date shall not be deemed to this Sublease) (such date the “Early Access Date”) occur until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant following conditions shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rent.have been satisfied by Landlord:

Appears in 1 contract

Samples: Office Lease Agreement (Onyx Software Corp/Wa)

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Commencement Date. Subject to satisfaction The Term of the condition set forth in Section 13 hereof, the term of this Sublease (“Sublease Term”) Lease shall commence on April 1, 2022 ("Commencement Date") on the first day of the first full month following the date on which the Premises are Substantially Complete (as hereinafter defined) except that if Substantial Completion occurs on the first day of a month, that date shall be the Commencement Date, and the Lease shall continue in full force and effect for the period of time specified as the Term or until this Lease is terminated as otherwise provided herein. The Premises shall be deemed to be "Substantially Complete" on the earliest of the date on which: (1) Landlord files or causes to be filed with the City in which the Premises are located (if required) and delivers to Tenant an architect's notice of substantial completion, or similar written notice that the Premises are substantially complete, (2) Tenant commences business operations in the Premises, or (3) a certificate of occupancy is issued for the Premises. Landlord shall arrange for the construction of certain Tenant Improvements (as defined in the Work Letter), if any, in accordance with and expiresubject to the terms of the Work Letter attached hereto as Exhibit "B". Tenant shall, unless sooner terminatedupon demand after delivery of the Premises to Tenant, on October 31execute and deliver to Landlord a Commencement Date Memorandum in the form attached hereto as Exhibit "C" acknowledging (i) the Commencement Date, 2030 (“Expiration Date”)ii) the final square footage of the Premises, and (iii) Tenant's acceptance of the Premises. If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant are not Substantially Complete on or before any particular datethe Estimated Commencement Date, for any reasonthis Lease shall remain in effect, Sublandlord Landlord shall not be subject to any liability for its failure to do soliability, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such delayed until the date the Premises are Substantially Complete. Tenant has determined that Sublandlord gives Subtenant written notice that (A) Master the Premises are acceptable for Tenant's use and Tenant acknowledges that, except as set forth in the Work Letter, neither Landlord nor any broker or agent has made any representations or warranties in connection with the physical condition of the Premises or their fitness for Tenant's use upon which Tenant has relied directly or indirectly for any purpose. Notwithstanding the foregoing, if Landlord has consented not delivered the Premises to this Sublease in accordance Tenant with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 Substantial Completion of the Master Lease)Tenant Improvements by the date which is six (6) months after Tenant's approval of the Construction Drawings pursuant to Section 1 of the Work Letter, Subtenant subject to any delays caused by Force Majeure and Tenant Delays, then Tenant shall have no option the right to extend terminate this Lease upon thirty (30) days' notice to Landlord; provided, however, that if upon such 30-day notice Landlord can substantially complete the term of this Sublease. Within Tenant Improvements within ten (10) days after Sublandlord’s requestof such notice, Subtenant Landlord shall execute notify Tenant of Landlord's ability to so complete the Tenant Improvement work and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed have no right to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to terminate this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay RentLease.

Appears in 1 contract

Samples: Sublease Agreement (E Loan Inc)

Commencement Date. Subject to satisfaction The Term shall be for the period of time specified in the condition set forth in Section 13 hereof, the term of this Sublease (“Sublease Term”) Basic Lease Information unless sooner terminated as hereinafter provided. The Term shall commence on April 1the date the Premises are delivered to the Tenant in “substantially completed” condition (as defined in the Work Letter Agreement), 2022 subject to adjustment for “Tenant Delays” as provided in the Work Letter Agreement and shall continue thereafter in full force and effect for the period specified as the Term or until this Lease is terminated as otherwise provided herein; provided, Tenant shall have the option, to be exercised by written notice (“Commencement Date Delay Notice”) to Landlord delivered no later than two (2) days after Tenant has received notice of the date that the Premises will be substantially complete, to delay the commencement of the Term for a period not to exceed thirty (30) days after the date that the Premises are substantially complete (as such date of substantial completion may be adjusted for Tenant Delays as provided in the Work Letter). The date of substantial completion or, if Tenant delivers a Commencement Date Delay Notice, such delayed date, shall be the “Commencement Date”). If the Premises are not substantially completed by September 1, and expire, unless sooner terminated, on October 31, 2030 2008 (the Expiration Outside Date”). If Sublandlord is unable , Landlord shall use commercially reasonable efforts to deliver possession make other space in the Building or in other buildings owned by Landlord in the vicinity of the Sublease Premises to Subtenant Building, available for Tenant’s use on or before any particular datea temporary basis pending substantial completion of the Premises, for any reason, Sublandlord shall not at the same base rental rate per rentable square foot as would be subject to any liability for its failure to do so, and such failure shall not affect the validity of payable by Tenant under this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Lease. The Outside Date shall be such date that Sublandlord gives Subtenant written notice that extended by one (A1) Master Landlord has consented to this Sublease day for each day of Tenant Delay or Force Majeure delay (as defined in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy22.15 below). Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term For purposes of this Sublease. Within ten (10) days after Sublandlord’s requestLease, Subtenant the first “Lease Year” shall execute and deliver to Sublandlord a written confirmation of mean the period commencing on the Commencement Date and all ending twelve (12) months thereafter, except that if the Commencement Date is other matters set forth therein than the first day of a calendar month, the first “Lease Year” shall mean the period commencing on the Commencement Date and ending on the last day of the twelfth (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of 12th) full calendar month after the Commencement Date. Subtenant Thereafter, the term “Lease Year” shall have reasonable early access mean a period equal to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises twelve (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease12) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentfull calendar months.

Appears in 1 contract

Samples: Lease (Enphase Energy, Inc.)

Commencement Date. Subject to satisfaction of the condition set forth in Section 13 hereof, the The term of this Sublease Lease shall be for ninety-six (“Sublease 96) months ("Lease Term”) "), unless sooner terminated as hereinafter provided. The Lease Term shall commence on April January 1, 2022 2003 (the "Scheduled Commencement Date"), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination that if either the first or second floors of the Premises are not Substantially Complete (as hereinafter defined) by the Scheduled Commencement Date. Subtenant shall have reasonable early access , and such a delay is due solely to a Landlord Delay (as defined in the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises Work Letter), or Force Majeure (but as defined in no event later than February 1Article 52), 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date of the Lease shall be extended on a day for day basis for each day of such a delay. In the event the Tenant Improvements (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations as defined in the Sublease Work Letter) on either the first or second floors of the Premises or any portion thereof, but, subject are Substantially Complete prior to the terms and conditions Scheduled Commencement Date, Tenant shall have the right to early occupancy of this Subleasesuch floor of the Premises, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligationsLease, except for the Tenant's obligation to pay RentRent (as defined below). Tenant hereby acknowledges and agrees that the installation of the elevator and the demising of the lobby of the Premises shall be completed by Tenant, at Landlord's cost and expense, pursuant to the terms of the Work Letter; provided, however, that the completion of such work shall not be a condition to the commencement of the Lease. The first and second floors of the Premises shall be deemed to be "Substantially Complete" with respect to such floor on the earliest of the date on which: (1) Landlord or Tenant files or causes to be filed with the City of Milpitas (the "City"), if required, an architect's notice of substantial completion, with respect to such floor of the Premises, or similar written notice that such floor of the Premises is substantially complete, (2) Tenant first occupies such floor of the Premises for the operation of Tenant's business, or (3) a certificate of occupancy (or a reasonably substantial equivalent such as a signoff from a building inspector or a temporary certificate of occupancy) is issued for such floor of the Premises.

Appears in 1 contract

Samples: Article 16 (Xicor Inc)

Commencement Date. Subject to satisfaction of the condition set forth in Section 13 hereof, the The term of this Sublease Lease (“Sublease Term”) shall commence be sixty (60) months commencing on April 1the Commencement Date (as defined below), 2022 (unless sooner terminated and subject to any extensions granted hereunder. The “Commencement Date” of this Lease shall be the earlier of (i) substantial completion of the Tenant Improvements (as defined below) and the Additional Work (as defined below), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession ii) the date that Tenant commences occupancy and use of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity purpose of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “conducting Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth business operations therein (the commencement of such occupancy and if Subtenant fails to do so, Tenant use shall be deemed to have executed constitute “possession” for purposes of this Lease and returned Tenant shall not be deemed to be “in possession” of the same without exceptionPremises prior to the commencement of such occupancy and use). Such confirmation For purposes of this Lease, the date of “substantial completion” of the Tenant Improvements and Additional Work shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination the date that all of the Commencement Datefollowing has occurred: (i) the Tenant Improvements and Additional Work are complete except for minor items of adjustment or repair of the type commonly found on an architect’s punchlist which would not materially interfere with Tenant’s use and enjoyment of the Premises for their intended purpose; (ii) the City of Sunnyvale has approved the Tenant Improvements and Additional Work in accordance with its building code, evidenced by its completion of a final inspection and written approval of such improvements as so completed in accordance with the building permit(s) issued for the Tenant Improvements and/or Additional Work. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until If the Commencement Date (is other than the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in first day of a calendar month and/or if the Sublease Premises or any portion thereof, but, subject to the terms and conditions expiration date of this SubleaseLease is other than the last day of a calendar month, Subtenant mayRent (as defined below) shall be prorated for the month in which the Commencement Date or expiration date, as applicable, occurs on the basis of the number of days that Tenant had possession of the Premises during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentcalendar month.

Appears in 1 contract

Samples: Lease Agreement (Silicon Graphics Inc)

Commencement Date. Subject to satisfaction of the condition set forth in Section 13 hereof, the term The Term of this Sublease (“Sublease Term”) Lease shall commence on April 1, 2022 (“the Commencement Date”), and expireDate and, unless sooner terminatedterminated or extended as hereinafter provided, shall end on October 31, 2030 (“the Expiration Date”). If Sublandlord is unable to deliver Landlord does not tender possession of the Sublease Premises Additional Second Floor Space or the Additional Third Floor Space to Subtenant Tenant on or before any particular specified date, for any reasonreason whatsoever, Sublandlord Landlord shall not be subject to liable for any liability for its failure to do sodamage thereby caused, this Lease shall not be void or voidable thereby, and such failure the Term shall not affect commence until Landlord tenders possession of the validity of this Sublease nor Additional Second Floor Space or the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting SublandlordAdditional Third Floor Space, as applicable, to Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant Landlord shall be deemed to have executed tendered possession of the Additional Second Floor Space or the Additional Third Floor Space, as applicable, to Tenant upon the giving of notice by Landlord to Tenant stating that such space is vacant, in the condition required by this Lease and returned available for Tenant's occupancy. No failure to tender possession of the same without exceptionAdditional Second Floor Space or the Additional Third Floor Space to Tenant on or before any specified date shall affect any other obligations of Tenant hereunder. There shall be no postponement of the Additional Second Floor Space or the Additional Third Floor Space (or the corresponding Rent Commencement Date with respect to the Additional Second Floor Space or the Additional Third Floor Space, as applicable) for (i) any delay in the tender of possession to Tenant which results from any Tenant Delay or (ii) any delays by Landlord in the performance of any Punch List Items related to the Additional Second Floor Space Improvements or the Additional Third Floor Space Improvements (as each such term is defined in Rider R1-B), as applicable (Tenant shall have available to it the remedy described below in this Section 2.2 in the case of any such delay by Landlord in performing any Punch List Items). Such confirmation Once the Additional Second Floor Space and the Additional Third Floor Space Commencement Date are determined, Landlord and Tenant shall execute an agreement stating the Additional Second Floor Space Commencement Date, the Additional Third Floor Space Commencement Date, the respective Rent Commencement Dates and the Expiration Date, but the failure to do so will not affect the determination of such dates. If Landlord fails to perform and complete any Punch List Items within 30 days after the creation of the list of Punch List Items and such failure continues for more than 30 days after notice by Tenant to Landlord of such failure, or if such failure is of a nature that it cannot be completely remedied within 30 days, failure by Landlord to commence to remedy such failure within said 30 days, and thereafter diligently prosecute to completion all steps necessary to completely remedy such failure within 90 days, Tenant may perform and complete such Punch List Items at Landlord's expense. All costs and expenses reasonably incurred by Tenant in connection with any such performance and completion by Tenant shall be conclusive and binding upon Sublandlord and Subtenant; providedpaid by Landlord to Tenant within 30 days after Landlord receives an invoice therefor from Tenant, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access which shall be subject to all the terms accompanied by true and conditions complete copies of this Sublease, including, without limitation, all insurance invoices and maintenance obligations, except other reasonable support for the obligation to pay Rentcosts and expenses invoiced.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Philadelphia Consolidated Holding Corp)

Commencement Date. Subject Landlord and Tenant shall use their best ----------------- efforts to satisfaction complete the Building and the Initial Tenant Improvements in accordance with Exhibit B hereto on the date specified in Section 1(f) or as soon thereafter as practicable. The "Commencement Date" shall mean the date that the initial portion of the condition set forth Premises described in Exhibit C, Section 13 hereof, 2 (the "Initial Premises") are substantially completed and made available for Tenant's occupancy. It is presently estimated that the term of this Sublease (“Sublease Term”) Lease shall commence on April July 1, 2022 2000. The determination of the Commencement Date with respect to the Initial Premises shall depend on which contractor is selected to construct the Initial Tenant Improvements. If Tenant selects Landlord's shell and core contractor (“Commencement Date”"Landlord's Contractor"), and expireLandlord shall cause the Commencement Date to occur by July 1, unless sooner terminated, on October 31, 2030 (“Expiration Date”)2000. If Sublandlord Landlord's Contractor is unable to deliver possession the low bidder for construction of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), butInitial Tenant Improvements, in such eventaccordance with the terms of Exhibit B, but Tenant chooses another contractor, the Commencement Date shall be such deemed to occur on the date that Sublandlord gives Subtenant written notice it otherwise would have occurred had Landlord's Contractor been chosen to construct the Initial Tenant Improvements. If Landlord's Contractor is not the low bidder and Tenant selects the contractor that is the low bidder, Landlord shall cause the Commencement Date to occur by September 1, 2000. All of the foregoing dates are subject to the delay provisions contained in Section 3(d) below. The contractor so selected to construct the Tenant Improvements shall be hereinafter referred to as the "Tenant Improvement Contractor." The Commencement Date with respect to the Initial Premises shall be deemed to occur on (A) Master Landlord has consented the later of(I) the completion date specified in the notice ("30 Day Notice") delivered to this Sublease Tenant at least thirty (30) days prior to the date that the Initial Premises will be completed for occupancy or (II) the date the entirety of the Initial Premises is in accordance fact delivered to Tenant with Section 13 hereof all of Landlord's Work and the Initial Tenant Improvements substantially completed, or (B) such earlier date as Landlord would have been able to so deliver the Sublease entire Premises are ready to Tenant but for occupancyTenant Delay (defined below). Subject to Tenant Delay or other causes beyond Landlord's control, Landlord shall use its best efforts to deliver the Premises to Tenant no later than the completion date specified in the 30 Day Notice. Notwithstanding any provision in the Master Lease granting Sublandlordforegoing, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access occurred with respect to the Subleased Initial Premises beginning on the date Sublandlord has vacated Tenant first occupies the Sublease Initial Premises (but in no event later than February 1for normal business operations, 2022 or if such date is earlier than the date Master Landlord consents to this Sublease) (such date dates described above, provided that so long as Tenant is not in occupancy of the “Early Access Date”) until Initial Premises the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in occur earlier than July 1, 2000. The Commencement Date shall not be deemed to occur until the Sublease Premises or any portion thereof, but, subject to the terms and following conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rent.have been satisfied by Landlord:

Appears in 1 contract

Samples: Lease Agreement (Visio Corp)

Commencement Date. Subject to satisfaction (a) As used in this Lease, "Commencement Date" shall mean the ----------------- earlier of (i) the first date of use or occupancy of all or any portion of the condition set forth in Section 13 hereofInitial Leased Premises by Tenant for the purpose of conducting its business, or (ii) the term Completion Date (defined below) for the Initial Leased Premises provided that the Completion Date shall be accelerated by the number of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession days the achievement of the Sublease Premises Completion Date is delayed as the result of Tenant Delays. Notwithstanding anything to Subtenant on or before any particular datethe contrary contained herein, for any reason, Sublandlord Tenant shall not be subject permitted to any liability occupy the Initial Leased Premises prior to the date of Substantial Completion of the Tenant Improvements if Landlord determines in its sole discretion that such occupancy may cause undue interference or delay in the completion of the Tenant Improvements. As used in this Exhibit C-1, "Completion Date" with respect to ----------- --------------- the Initial Leased Premises shall mean the date on which there is Substantial Completion of the Tenant Improvements for its the Initial Leased Premises as described in Paragraph 2(e) of this Exhibit C-1. Landlord and Tenant estimate ----------- that the Completion Date will be February 1, 1999; however in no event shall such estimate be binding on Landlord or Tenant. As used in this Exhibit C-1, "Tenant Delay," shall mean the ----------- ------------ number of days that the occurrence or achievement of the particular event or date identified in this Lease, including without limitation the Completion Date, is delayed as a result of (i) Tenant's failure to do someet the dates established in this Exhibit C-1, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereofii) Long Lead Time Items (defined below), but(iii) any changes ----------- to the Tenant Improvements requested to be made by Tenant (and approved by Landlord), in such event(iv) Tenant's failure to sufficiently respond to Landlord's inquiries pursuant to Paragraph 1(c), the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (Av) Master Landlord has consented to any breach by Tenant of its obligations under this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting SublandlordLease, as “Tenant,” an option to extend the term thereof (including, including without limitation, Section 2.2 of the Master Leasefailure to comply with this Exhibit C-1, and (vi) any other delays caused by Tenant or Tenant's engineers, ----------- architects (including Tenant Architect), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s requestconsultants, Subtenant shall execute employees, agents, contractors and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentsubcontractors.

Appears in 1 contract

Samples: Lease Agreement (Entrust Technologies Inc)

Commencement Date. Subject to satisfaction of the condition set forth in Section 13 hereof, the term of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the The Commencement Date shall be such the earlier of May 1, 1992 or the date that Sublandlord gives Subtenant written notice that (Aa) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation the date on which all of the Commencement Date following conditions have been met: (i) all of the work required to be performed by Tenant on the interior of, and all on the main entrance to, the existing building on the Premises pursuant to EXHIBIT C has been substantially completed; (ii) Landlord shall have received a certificate from Tenant's Construction Representative certifying such substantial completion; (iii) a Certificate of Occupancy has been issued by the Town of Norwood permitting the occupancy of the entire existing building on the Premises for the Permitted Uses containing no exceptions which interfere with the use of the Premises for the Permitted Uses; or (b) Tenant commences operations of its business in the entire existing building on the Premises (such date as derived from either clause (a) or (b) above, hereinafter the 'Substantial Completion Date"). The term "substantially completed" as used herein shall mean that the work to be performed by Tenant pursuant to EXHIBIT C has been completed, with the exception of minor items which can be fully completed without material interference with Tenant's use and occupancy of the entire existing building on the Premises for the Permitted Uses and other matters set forth therein (and if Subtenant fails items which, because of the season or weather or the nature of the item, are not practicable to do soat the time, provided that none of such items is necessary to make the Premises tenantable for the Permitted Uses. If the Substantial Completion Date occurs pursuant to clause (b) of this Section, Tenant shall be deemed comply with those conditions in clause (a) for which it is responsible as promptly as possible following the Substantial Completion Date. Tenant shall as promptly as possible complete any uncompleted work, including minor items and items which earlier were impracticable to have executed and returned perform. Additionally, Tenant shall proceed as promptly as possible after issuance to eliminate any exceptions contained in the same without exception)Certificate of Occupancy. Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination Upon occurrence of the Commencement Date. Subtenant , Landlord and Tenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (enter into a side letter acknowledging such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentdate.

Appears in 1 contract

Samples: Analog Devices Inc

Commencement Date. The Commencement Date of the Lease will be the last to occur of the 503B Commencement Date and the Pharmacy Commencement Date, as said terms are defined below in this Section 1.17. Subject to satisfaction the right of termination as to the condition 503B Space set forth in Section 13 hereof6 of Exhibit “A”, the term of this Sublease (Sublease Term”) shall commence on April 1, 2022 (“503B Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall will be deemed to have executed occurred upon the earlier of: a) the day immediately after expiration of the Early Occupancy Period (as said term is defined in Section 5 of Exhibit “A”), b) the date Tenant commences full scale business operations within the 503B Space, having received all of the Approvals; and, c) the date Tenant advises Landlord, in writing, of its waiver of the right to terminate the portion of this Lease applicable to the 503B Space, as said right of termination is set forth in Section 6 of Exhibit “A”. The “Pharmacy Commencement Date” will be deemed to have occurred upon the earlier of: a) two hundred twenty-five (225) days after the Delivery Date of the NCO Space; and, b) the date Tenant commences full scale business operations within the Pharmacy Space. Landlord acknowledges that Tenant will not be deemed to have commenced full scale business operations within the Pharmacy Space as a result of the use thereof by up to fifty-five (55) employees of Tenant working in its call center. However, if more than fifty-five (55) employees of Tenant are working in any portion of the Pharmacy Space, but Tenant is not then utilizing at least seventy-five percent (75%) of the Pharmacy space for the conduct of its business, then Tenant will pay Annual Base Rent for that portion of the Premises that is occupied by said employees at the rate of $15.75/RSF/year. Upon determination, Tenant shall, upon Landlord’s request, execute and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such a written confirmation to Subtenant shall not affect Sublandlord’s determination of statement specifying the Commencement Date. Subtenant shall have reasonable early access to , Expiration Date and other pertinent dates of the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations Term as in the Sublease Premises or any portion thereof, but, subject to the terms form that is attached hereto as Exhibit “G” and conditions of is by this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentreference incorporated herein.

Appears in 1 contract

Samples: Lease Agreement (HS Spinco, Inc.)

Commencement Date. Subject to satisfaction of the condition terms and conditions set forth herein, Landlord hereby leases and demises to Tenant and Tenant hereby takes and leases from Landlord that certain space identified in Article 1 and shown on a plan attached hereto as Exhibit A (“Premises”) for a term (“Term”) commencing on the Commencement Date and ending on the Expiration Date set forth in Section 13 hereof, the term of this Sublease (“Sublease Term”) shall commence on April Article 1, 2022 (“Commencement Date”), and expire, unless sooner terminatedterminated as provided herein. The Commencement Date set forth in Article 1 shall be advanced to such earlier date as Tenant commences substantial occupancy of the Premises (as defined in Article 1) for the conduct of its business (it being understood that interim, on October 31, 2030 (“Expiration phased occupancy of less than a substantial portion of the Premises during the construction of the Tenant Improvements shall not trigger the Commencement Date). If Sublandlord is unable to deliver possession Upon the earlier of (i) substantial completion of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such eventTenant Improvements, the Commencement Date date of which shall be such date that Sublandlord gives Subtenant written notice that established by Landlord’s construction supervisor, or (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (Bii) the Sublease date by which Tenant has substantially occupied the Premises are ready for occupancy. Notwithstanding any provision as provided in the Master Lease granting SublandlordArticle 1.H set forth above, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant Landlord shall execute and deliver to Sublandlord a written confirmation of Tenant the Commencement Date Confirmation in the form as set forth in Exhibit E, which Tenant shall execute and all other return to Landlord within 5 days after receipt thereof. Tenant’s failure to timely execute and deliver the Commencement Date Confirmation shall constitute an acknowledgment by Tenant that the statements included in such notice are true and correct, without exception. If Tenant disagrees with any matters set forth therein (in the Commencement Date Confirmation, it shall set forth in a written notice to Landlord within such five-day period the matters which it disagrees with, the reasons for such disagreement, and if Subtenant fails the Commencement Date which Tenant contends should be established. Landlord shall have five days thereafter to do soaccept or reject Tenant’s proposed Commencement Date. If Landlord rejects such date, then the date set forth in the initial Commence Date Confirmation executed and delivered by Landlord shall be used for the purposes hereof until the matter is resolved by legal proceedings or further agreement of the Parties. To the extent the Premises includes an entire floor of the Building, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination exclusive use of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (Common Areas located within such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentfloor.

Appears in 1 contract

Samples: Lease (Medivation, Inc.)

Commencement Date. Subject The date of commencement for the Additional Space (the "Additional Space Commencement Date") shall be the date of substantial completion of Landlord's Work, as hereinafter defined, in the Additional Space, which is projected to satisfaction be three (3) months from Landlord's receipt of final approved Working Drawings, as hereinafter defined, or such earlier date as Tenant takes possession or commences use of the condition set forth in Section 13 hereof, Additional Space for any purpose other than construction. The Additional Space Commencement Date and the term commencement of this Sublease (“Sublease Term”) rental payment hereunder shall commence on April 1, 2022 (“Commencement Date”), not be extended or delayed for any period of time that substantial completion of Landlord's Work and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver the delivery of possession of the Sublease Premises to Subtenant Additional Space is delayed beyond that date which is three (3) months from Landlord's receipt of final approved Working Drawings, as hereinafter defined, by any reason of: (i) special work, changes, alterations or additions required or made by Tenant in the Additional Space; (ii) delays and/or default on the part of Tenant in submitting on a timely basis any plans and/or specifications, supplying information, approving plans, specifications or estimates, or giving authorizations required hereunder or otherwise for the completion of Landlord's Work; and/or (iii) delays otherwise caused in whole or in part by Tenant. However, in no event shall the Additional Space Commencement Date and the commencement of rental payment hereunder be later than July 1, 2000. The foregoing notwithstanding, if the Additional Space shall not be substantially complete and the Tenant shall not have taken possession or commenced use of the Additional Space on or before the date which shall be one hundred fifty (150) days from the date Landlord commences construction of Landlord's Work as herein defined, as such date may be extended by the number of days, if any, of any particular date(i) Tenant Delays, as herein defined; (ii) Force Majeure delays; and/or (iii) any other delays pursuant to this Section, then Tenant shall receive a credit at the next monthly rent payment date equal to ninety five dollars ($95) for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, each business day the Commencement Date shall be is delayed beyond such date that Sublandlord gives Subtenant written notice that one hundred fifty (A150) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlordday period, as “Tenant,” an option such may be extended. "Force Majeure" means, with respect to extend the term thereof (includingoccurrence of a specified date or event, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date any and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned events beyond the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination reasonable control of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this SubleaseLandlord, including, without limitation, all insurance strikes, lockouts, acts of God, enemy actions, civil commotion or war, casualties and maintenance obligationsgovernmental actions, except for but excluding lack of funds, which events delay the obligation occurrence of the specified date or event in question. If the Additional Space Commencement Date occurs on any day other that the first day of a month, then the Basic Rent will be pro-rated on a daily basis (i.e., annual rental divided by 365 days, or 366 days in a leap year). As of the Additional Space Commencement Date, the Additional Space shall be deemed to pay Rentbe a part of the Premises demised under the Lease.

Appears in 1 contract

Samples: Extension and Fourth Modification (Bisys Group Inc)

Commencement Date. Subject to satisfaction of Notwithstanding the condition set forth date the Aggregate Improvements for the 10th Floor Space (as described in Section 13 hereof, Paragraph 6 below) are substantially completed by Tenant or the term of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession of date Tenant receives a TCO or its equivalent for the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event10th Floor Space, the Commencement Date for the 10th Floor space shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, same as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date for the remainder of the Premises (excluding the Additional Space) and all other matters such Commencement Date shall continue to be determined pursuant to Section 1 (p) of the Lease without any reference or regard to the 10th Floor Space or the status of the Aggregate Improvements therefor, it being acknowledged by Tenant that: (a) the 10th Floor Space and the remainder of the Premises (excluding the Additional Space) have previously been delivered by Landlord to Tenant in the condition described on Attachment 1 to the Work Letter Agreement attached to the Lease as Exhibit C; (b) the 10th Floor Space is not part of any Package described in Section 1(p) and thus will not delay or extend the Commencement Date or the Final Period described therein, notwithstanding any subsequently occurring Force Majeure Delays or Landlord Delays which actually delay substantial completion of the Aggregate Improvements for the 10th Floor Space; and (c) Package 4 was deemed delivered pursuant to Section 1(p) of the Lease on March 30, 1990, and thus the Commencement Date for the Premises and 10th Floor Space is scheduled to occur on August 27, 1990, which is 150 days after such deemed delivery date. Notwithstanding subclause (b) above, Landlord agrees that for each day that Tenant is actually delayed beyond the Commencement Date in substantially completing the Aggregate Improvements for the 10th Floor Space as a result of Force Majeure Delays occurring after the date hereof, and/or as a result of Landlord Delays occurring after the date hereof for which Tenant has provided Landlord requisite notice and opportunity to cure as set forth therein (on Pages 15 and if Subtenant fails to do so16 of Section 1(p), Tenant shall be deemed entitled to have executed and returned a corresponding abatement of one (1) day’s Base Rent otherwise payable for the same without exception)10th Floor Space. Such confirmation abatement shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access in addition to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but 6-month abatement provided in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this SubleaseParagraph 4(a) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentbelow.

Appears in 1 contract

Samples: Carnation Building Office Lease (Wells Real Estate Investment Trust Inc)

Commencement Date. Subject to satisfaction of the condition set forth in Section 13 hereof, the This Lease Agreement shall be for an initial term of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) years (the "Initial Term") commencing on the "Commencement Date" (as hereinafter defined). The term "Commencement Date" shall mean the earlier of the date of (i) Substantial Completion, as hereinafter defined in Section 1.1(b) below, and delivery of an SNDA, as hereinafter defined, pursuant to the terms and conditions set forth in this Lease Agreement or (ii) the occupancy of the Demised Premises and commencement of business operations by Tenant or (iii) the date that Substantial Completion would have occurred but for the delay caused or contributed to by any act or neglect of Tenant or those acting for or under Tenant (including Tenant Change Orders, Tenant Installation Work, Tenant Installation Contractor and Tenant Installation Contracts) (calculated in whole days for the actual number of days of delay), including delays attributable to Tenant's responses to or delivery of plans and specifications as set forth in Article 2 of this Lease or Tenant's selection of special or long lead time items beyond Landlord's control (provided Landlord notifies Tenant in writing of any long lead items and the actual number of days it will take to receive such items within ten (10) business days after Sublandlord’s requestLandlord's initial receipt of plans or specifications including such item, Subtenant shall execute and deliver then only to Sublandlord a written confirmation the extent that such delay could not be avoided or reduced by Landlord's timely ordering of the Commencement Date and all other matters set forth therein such item, allowing for such long lead time.) (and if Subtenant fails to do so, collectively "Tenant shall be deemed to have executed and returned the same without exceptionDelay"). Such confirmation If Landlord desires to allege that Tenant Delay has occurred, no later than ten (10) business days after the occurrence of a Tenant Delay, Landlord shall be conclusive and binding upon Sublandlord and Subtenantdeliver Tenant written notice that an alleged Tenant Delay has occurred; provided, however, Sublandlord’s failure that with respect to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access subparagraph (iii) hereof, to the Subleased Premises beginning on extent any other Force Majeure Event coincides with an event of Tenant Delay, the date Sublandlord has vacated the Sublease Premises (that Substantial Completion would have occurred but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (for such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject other Force Majeure Event will be extended "day for day" to the terms and conditions extent of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentother Force Majeure Event.

Appears in 1 contract

Samples: Lease Agreement (Digital Lightwave Inc)

Commencement Date. Subject to satisfaction of the condition set forth in Section 13 hereof, The parties intend that the term of this Sublease (“Sublease Term”) Lease shall commence on April 1, 2022 September 1 (the "Target Commencement Date"), and expireshall expire on August 31, 2005, unless sooner terminatedterminated pursuant to the terms of this Lease. The date on which the term actually commences is referred to herein as the "Commencement Date" which shall be the later of (i) the Target Commencement Date, and (ii) the earlier of (a) the date on October 31which Landlord substantially completes construction of the Tenant Improvements, 2030 and (b) the date on which Landlord would have substantially completed construction of the Tenant Improvements but for the Tenant's Delay (as defined below). When the Commencement Date is ascertained as aforementioned, the term shall commence and upon request of Landlord, Tenant shall execute a certificate or memorandum confirming the Commencement Date and the Expiration Date”). If Sublandlord is unable Landlord shall be deemed to deliver possession have substantially completed construction of the Sublease Premises Tenant Improvements when Landlord has substantially completed construction of the Tenant Improvements in accordance with Article 7 below. "Tenant's Delay" shall mean the amount of delay resulting from Tenant's failure to Subtenant on or before any particular dateadhere to the time schedules and fulfill the obligations set forth in this Lease, including, but not limited to, those in Article 7 below. Notwithstanding the Target Commencement Date, if for any reasonreason the Commencement Date occurs after the Target Commencement Date, Sublandlord Landlord shall not be subject to any liability for its failure to do sotherefor, and nor shall such failure shall not affect the validity of this Sublease nor the Lease or relieve Tenant of any of its obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to or extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term Term of this SubleaseLease. Within ten (10) days after Sublandlord’s requestUpon execution of this Lease by Tenant and Landlord, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Landlord will allow Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1order to install tenant improvements, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniturefixtures, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s to otherwise conduct business; provided that such early access shall entry will be subject to all the terms and conditions provisions of this Sublease, including, without limitation, all insurance and maintenance obligationsLease as though the Commencement Date had occurred, except for the obligation payment of Rent and Additional Charges which commence as set forth in this Lease. If Landlord does not deliver possession of the Premises to pay RentTenant within sixty (60) days after the Target Commencement Date (for any reason other than Tenant's Delay), as the same may be extended by written agreement of the parties, Tenant may, at Tenant's option, by written notice to Landlord within ten (10) business days thereafter, cancel the Lease, in which event the parties shall be discharged from all obligations under the Lease, and Landlord shall return any money previously deposited by Tenant. If such written notice by Tenant is not received by Landlord within such ten (10) day period, Tenant's right hereunder to cancel the Lease shall terminate and be of no further force or effect.

Appears in 1 contract

Samples: Lease (Kintera Inc)

Commencement Date. Subject to satisfaction The “Commencement Date” of the condition set forth in Section 13 hereofLease Term shall be upon Landlord’s Substantial Completion of Landlord’s Improvement Work. As used herein, the term “Substantial Completion” shall mean that the Leased Premises are (i) completed in accordance with the Final Approved Plans and Specifications (which shall be evidenced by the Temporary Certificate of this Sublease Occupancy, which permits the conduct of Tenant’s Permitted Use or if Tenant is the cause of a Certificate of Occupancy not being issued, the completion of Landlord’s Improvement Work for the Temporary Certificate of Occupancy is confirmed by a Certificate of Substantial Completion provided by the Project Architect); (ii) free from any and all mechanics’ lien claims arising out of all work in connection therewith (other than claims filed as a result of bona fide disputes between Northern Builders and its subcontractors or material suppliers which Northern Builders is diligently contesting and which Landlord indemnifies and holds Tenant harmless from and against any such mechanics’ lien claims); and (iii) sufficiently completed and free from construction defects so that Tenant is able to occupy the Leased Premises for the Permitted Use (notwithstanding Punch List Items). “Punch List Items” means uncompleted or improperly completed items of the Landlord Improvement Work or the Leased Premises which in the aggregate do not materially interfere with Tenant’s Permitted Use and occupancy of the Leased Premises for the conduct of the Permitted Use and which Landlord will have completed no later than thirty (30) days after the Commencement Date. Landlord acknowledges that Tenant is relocating its business operations to the Premises from its current location at 0000 Xxxxxxxx, Xxxxxxxx, Xxxxxxxx (“Sublease TermExisting Space), that Tenant’s lease of the Existing Space is expiring and that the Tenant needs to vacate and deliver possession of the Existing Space as soon as possible. In the event that Tenant fails to deliver possession by the date six (6) shall commence on April 1, 2022 weeks following issuance of a building permit by the Village of Lake Bluff (the Commencement Outside Date”), the Tenant will incur significant damages, including, but not limited to, holdover rent. Accordingly, in the event that the Substantial Completion of Landlord’s Improvement Work is not achieved by the Outside Date, then Tenant shall be entitled to one (1) day abatement of Base Rental for every one (1) day after the Outside Date until Substantial Completion. Landlord shall notify Tenant twenty (20) days prior to the date it anticipates the Improvements will be Substantially Completed. In the event that there is a dispute as to whether or not the Improvements are Substantially Completed, the dispute shall be resolved by the Project Architect who prepared the Approved Plans and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”)Specifications. If Sublandlord is unable to deliver possession Lessee’s acceptance in writing of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date Improvements shall be such date deemed conclusively to establish that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease the Improvements have been Substantially Completed in accordance with Section 13 hereof the Final Approved Plans and (B) the Sublease Premises are ready Specifications, except for occupancyany Punch List Items noted by Tenant and latent defects. Notwithstanding any provision in the Master Lease granting Sublandlordforegoing, as “Tenant,” promptly as practicable following the date Tenant takes possession, Landlord and Tenant shall enter into an option appropriate amendment to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option this Lease to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of document the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination expiration date of the Commencement Date. Subtenant shall have reasonable early access to Lease Term of the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay RentLease.

Appears in 1 contract

Samples: Lease Agreement (Insys Therapeutics, Inc.)

Commencement Date. Subject to satisfaction of the condition limitations hereafter set forth in Section 13 hereof, the term of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such eventforth, the Commencement Date shall be the last to occur of (i) that date which is 31 days after August 1, 1994 (such date that Sublandlord gives Subtenant written notice that as it may be extended pursuant to the terms of this Lease being the "Construction Completion Date"), or (Aii) Master Landlord has consented to this Sublease the day which is 30 days after the date on which the Premises are "ready for occupancy" as provided in Section 4.2. The Tenant shall, upon demand of the Landlord, execute a certificate confirming the Commencement Date as it is determined in accordance with the provisions of this Section 13 hereof 4.1. Landlord shall allow Tenant to enter the Premises on the Substantial Completion Date (as determined by Landlord) for purposes of Tenant setting up its work stations and (B) the Sublease Premises are ready for occupancyequipment and performing trial runs of its testing and manufacturing equipment. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of that the Commencement Date and all other matters set forth therein (and if Subtenant fails to do soshall not occur until a subsequent date, Tenant shall be deemed to have executed shall, from and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on after the date Sublandlord has vacated of such entry, be bound by the Sublease Premises terms, covenants, provisions and agreements contained in the Lease (but in no event later than February 1, 2022 or earlier than except the date Master Landlord consents obligation to this Subleasepay Basic Rent and Taxes) (during such date the “Early Access Date”) until period prior to the Commencement Date (said period being the "Early Access Occupancy Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, ") including, without limitation, limitation the provisions of Article X and Article V. Tenant shall also be responsible for all insurance costs for utilities used and maintenance obligations, except consumed in the Premises during the Early Occupancy Period. Nothing contained herein shall be deemed or construed to mean that Tenant may occupy the Premises for the obligation Permitted Use during the Early Occupancy Period. Any occupancy of all or any part of the Premises by Tenant for the Permitted Uses (other than the limited purpose of setting up work stations and equipment and performing trial runs on testing and manufacturing equipment) shall result in the Commencement Date occurring regardless of the condition or state of completion of Landlord's Work and Tenant shall permit Landlord to pay Rentcontinue to perform Landlord's Work in the Premises. Tenant shall not interfere in any regard with Landlord's completion of Landlord's Work and hereby agrees to be bound by the direction of Landlord's contractor or the Construction Manager (as hereafter defined) in the event of any conflicts between the Landlord's Work and the work being performed by Tenant.

Appears in 1 contract

Samples: Agreement (Genomic Solutions Inc)

Commencement Date. Subject to satisfaction of the condition set forth in Section 13 hereof, the (a) The term of this Sublease Lease and the estate hereby granted (the Sublease Lease Term”) shall commence on April (i) August 1, 2022 2007 for the 20th Floor Premises and the 21st Floor Premises (the 20th and 21st Floor Commencement Date”), and expire(ii) September 1, unless sooner terminated2007 for the 19th Floor Premises (the “19th Floor Commencement Date”), provided that the respective Premises shall have been delivered to Tenant on October 31, 2030 the applicable Commencement Date. The 19th Floor Commencement Date and the 20th and 21st Floor Commencement Date are sometimes each referred to herein as a “Commencement Date” and collectively as the “Commencement Dates”. Landlord shall use reasonable efforts to deliver possession of the applicable Premises to Tenant on the applicable Commencement Date (each an Expiration Original Delivery Date”). If Sublandlord is unable Landlord fails to deliver possession of the Sublease applicable Premises on the applicable Commencement Date for any reason beyond Landlord’s reasonable control, Landlord shall use reasonable efforts to deliver possession of the applicable Premises to Subtenant on or before any particular date, for any reason, Sublandlord Tenant as soon thereafter as shall not be subject to any liability for its failure to do so, reasonably possible and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date deemed to be the first (1st) day thereafter that Sublandlord gives Subtenant written notice actual possession is so delivered (provided that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within given Tenant not less than ten (10) days after Sublandlord’s requestOperating Days prior notice of such revised delivery date) and, Subtenant shall execute and deliver to Sublandlord a written confirmation except as otherwise set forth in Section 3.1(b) through (f) below, the postponement of the applicable Commencement Date and all other matters shall be Tenant’s sole remedy at law or in equity (Tenant hereby waiving any right to rescind this Lease and/or to recover any damages for such delay, except as otherwise set forth therein in Section 3.1(b) through (and if Subtenant fails to do sof) below), Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of the Commencement Date. Subtenant shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event shall the 20th and 21st Floor Commencement Date be later than February 1, 2022 or earlier than the date Master Landlord consents 19th Floor Commencement Date. The foregoing is intended to this Sublease) (such date be “an express provision to the “Early Access Date”) until contrary” under Section 223-a of the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises New York Real Property Law or any portion thereof, but, subject to the terms and conditions successor statute of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentsimilar import.

Appears in 1 contract

Samples: Lease (Cowen Group, Inc.)

Commencement Date. Subject to satisfaction The Commencement Date shall be the date which is ninety (90) days after the date that the Landlord's Work [as defined in Subparagraph 1(a) of the condition Work Letter Agreement attached hereto as Exhibit "C" ("Work Letter Agreement")] has been substantially completed (as defined below); provided, however, the Commencement Date may be advanced or extended as follows: (i) if substantial completion of the Landlord's Work is delayed as a result of any Tenant Delays (as defined in the Work Letter Agreement), then the Commencement Date, as would otherwise have been established as set forth in Section 13 hereofthis sentence, shall be advanced by the term number of days of such Tenant Delays; and (ii) if Tenant is delayed in the substantial completion of the Tenant Improvements beyond the ninety (90) day period set forth in this Sublease sentence as a result of Landlord Delays (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”as defined in the Work Letter Agreement), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession then for each day of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, delay the Commencement Date shall be such date extended by one (1) day. For purposes of this Lease, the Landlord's Work shall be deemed to be "substantially completed" when Landlord's contractor certifies in writing ("Landlord's Work Substantial Completion Certificate") to Landlord and Tenant that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 substantially performed all of the Master Lease), Subtenant shall have no option Landlord's Work required to extend be performed by Landlord under the term of this SubleaseWork Letter Agreement other than minor "punch-list" type items and adjustments which do not materially interfere with Tenant's access to the Premises. Within ten seven (107) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of Tenant receives the Commencement Date and all other matters set forth therein (and if Subtenant fails to do soLandlord's Work Substantial Completion Certificate, Tenant shall be deemed entitled to have executed and returned its architect inspect the same without exception)Landlord's Work for purposes of confirming the matters set forth in the Landlord's Work Substantial Completion Certificate, provided Tenant shall give Landlord at least forty-eight (48) hours' prior written notice of such inspection. Such confirmation Landlord shall be conclusive and binding upon Sublandlord and Subtenant; providedentitled to have its contractor, howeverarchitect and/or other representatives present during such inspection by Tenant's architect. If Tenant fails to have its architect inspect the Landlord's Work within the aforesaid seven (7) day period, Sublandlord’s failure it shall be deemed that Tenant has waived its right to deliver any make such written confirmation to Subtenant shall not affect Sublandlord’s determination inspection. For purposes of this Lease, substantial completion of the Commencement Date. Subtenant Tenant Improvements shall have reasonable early access to the Subleased Premises beginning occur on the date Sublandlord has vacated that the Sublease Premises Tenant Improvements have been substantially completed in accordance with the Final Tenant Improvement Plans and Specifications (but hereafter defined in no event later Subparagraph 3(b) of the Work Letter Agreement) other than February 1, 2022 or earlier than decoration and minor "punch-list" type items and adjustments which do not materially interfere with Tenant's use of the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay RentBuilding.

Appears in 1 contract

Samples: Office Building Lease (Kana Communications Inc)

Commencement Date. Subject Notwithstanding anything to satisfaction the contrary contained in the Lease, Tenant shall have an ongoing option (the "Acceleration Option") to accelerate the Commencement Date of all or any portion of Increment 4 that is not then subject to a lease or any right of first offer, right of first refusal, renewal or extension option, or any other right or option in favor of any other party. Tenant shall exercise the Acceleration Option by providing Landlord with notice thereof (each, an "Acceleration Notice"), in which Tenant shall designate the location and rentable square footage of the condition set forth Increment 4 space requested by Tenant (the "Accelerated Increment 4 Space") and the commencement date with respect to Tenant's lease thereof (which shall not be less than 90 days from the date of Tenant's notice nor more than 120 days from the date of Tenant's notice). Tenant shall have no right to designate any Accelerated Increment 4 Space that is not then separately demised as a leaseable unit of space, nor may Tenant designate as Accelerated Increment 4 Space less than the entire rentable area of any floor of the Building (or less than the entire rentable area on the north or south wing of any floor) if such floor (or wing) is not then constituted as a multi-tenant floor (or wing) (i.e., if the entire rentable area of any floor or wing is available for lease, Tenant's Acceleration Notice shall apply to all, and not less than all, of the entire rentable area of such floor or wing), unless in Section 13 hereofeach such case Tenant, at Tenant's sole cost and expense, performs all work necessary to separately demise the Accelerated Increment 4 Space and to create entrances to the remaining leasable units of space on such floor or wing, and, to the extent not then existing, to create a multi-tenant corridor on such floor or wing so that the entrances to the remaining leasable units of space are accessible. In addition, if Tenant shall designate as Accelerated Increment 4 Space less than the entire rentable area of any floor of the Building (or less than the entire rentable area on the north or south wing of any floor), by notice to Tenant given within ten (10) Business Days after Landlord's receipt of tenant Acceleration Notice, Landlord shall have the right to nullity Tenant's exercise of its Acceleration Option if the remaining space on such floor or wing, as applicable, would be of such size or configuration as not to be reasonably leasable by Landlord, as reasonably determined by Landlord. If Landlord is delayed delivering possession of the Accelerated Increment 4 Space due to the holdover or unlawful possession of such space by any party, Landlord shall use reasonable efforts to obtain possession of the space, and the commencement of the term for the Accelerated Increment 4 Space shall be postponed until the date Landlord delivers possession of the Accelerated Increment 4 Space to Tenant free from occupancy by any party. If Tenant exercises the Acceleration Option granted herein, Landlord shall use reasonable efforts to deliver the Accelerated Increment 4 Space to Tenant on the stated availability date for the lease thereof. Tenant acknowledges that Landlord does not guarantee that the Accelerated Increment 4 Space will be available on the stated availability date for the lease thereof, if the then existing occupants of the Accelerated Increment 4 Space shall hold over, or delivery is delayed for any other reason beyond Landlord's reasonable control, and in such event, as Tenant's sole recourse, the term of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (“Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession of the Sublease Premises to Subtenant on or before any particular date, for any reason, Sublandlord Lease as respects the Accelerated Increment 4 Space shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master commence until Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned delivers the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenantto Tenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant that if Landlord shall not affect Sublandlord’s determination deliver the Accelerated Increment 4 Space to Tenant within ninety (90) days of the Commencement Date. Subtenant stated availability date for the lease thereof, as such ninety (90) day period shall be extended for any delay due to Limited Force Majeure (as defined in Section 4 of the Lease), Tenant shall have reasonable early access the right to terminate its lease of the Accelerated Increment 4 Space by notice thereof to Landlord given within ten (10) Business Days after the expiration of such ninety (90) day period as so extended. Upon Tenant's election to lease the Accelerated Increment 4 Space, Landlord and Tenant shall promptly enter into an amendment to the Subleased Lease (including modification of the Premises beginning Table set forth in Section 1.02 of the Lease, and Schedule 1 and Section 1.04 of the Lease, as appropriate in each case), adding such Accelerated Increment 4 Space to the Premises at the Rent and on the date Sublandlord has vacated other terms and conditions applicable to Increment 4 as set forth in the Sublease Premises Lease, except as expressly provided above, and except further that (but in no event later than February 1, 2022 or earlier than i) the date Master Landlord consents to this SubleaseRent Commencement Date shall be ninety (90) (such date the “Early Access Date”) until days after the Commencement Date of such Accelerated Increment 4 Space, (ii) the “Early Access Period”). During such Early Access Period, Subtenant Allowance for the Accelerated Increment 4 Space shall not conduct business operations in be pro-rated to reflect the Sublease Premises or any portion thereof, but, subject Lease Term with respect to the terms Accelerated Increment 4 Space as set forth on Schedule 3 attached hereto, and conditions (iii) pursuant to clause (ii) of this SubleaseSection I.F. of the Work Letter, Subtenant mayin addition to the Allowance, during such Early Access Periodand not as a deduction therefrom, install its furniture, furnishings Landlord shall reimburse Tenant up to Two and equipment in 5011 00 Dollars ($2.50) per rentable square foot of the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay RentAccelerated Increment 4 Space.

Appears in 1 contract

Samples: Lease (Zulily, Inc.)

Commencement Date. Subject to satisfaction of From and after the condition Commencement Date (except as set forth in Section 13 hereofthis Exhibit B), Tenant shall be liable to Landlord for the term payment of this Sublease (“Sublease Term”) shall commence on April 1, 2022 (Rent and any other payment as set forth in the Lease. The “Commencement Date”)” under the Lease shall be the date on which the Improvements (excluding completion of any Tenant Improvements or Tenant’s Extra Work) are Substantially Completed; provided, and expirehowever, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver possession in the event Substantial Completion of the Sublease Premises Improvements (excluding completion of any Tenant Improvements or Tenant’s Extra Work) is delayed due to Subtenant on or before Tenant Delays, then for purposes of the payment Rent and any particular date, for any reason, Sublandlord shall not other payment required to be subject made by Tenant pursuant to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such eventLease, the Commencement Date shall be that date on which the Improvements would have been Substantially Completed but for the occurrence of such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) Tenant Delays. If the Sublease Premises Improvements are not Substantially Completed but are partially ready for occupancy. Notwithstanding any provision , Tenant may, but need not, occupy the portion of the Improvements that is ready for occupancy, provided such partial occupancy is permitted by applicable law, and in the Master Lease granting Sublandlordevent of such partial occupancy, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails Tenant elects to do sopartially occupy the Improvements, Tenant shall be deemed pay to have executed and returned Landlord pro rata Rent based upon the same without exception)area of the Premises so occupied by Tenant. Such confirmation obligation to pay Rent on a proportionate basis shall be conclusive commence on the date on which Tenant first occupies and binding upon Sublandlord takes possession of any portion of the Premises, and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination of continue through the Commencement Date. Subtenant Tenant’s right to so occupy and utilize a portion of the Premises shall have reasonable early access to the Subleased Premises beginning on the date Sublandlord has vacated the Sublease Premises (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall nevertheless be subject to all Landlord’s reasonable approval, and throughout such partial occupancy, Tenant shall fully cooperate with Landlord to facilitate Landlord’s Substantial Completion of any remaining or outstanding Improvements without any interference. Except for Tenant’s entry into the terms Premises for purposes of inspections and conditions performing and installing Tenant Improvements pursuant to Section 8 of this SubleaseExhibit B, including, without limitation, all insurance and maintenance obligations, except for Tenant shall not occupy any portion of the obligation Premises prior to pay RentSubstantial Completion thereof.

Appears in 1 contract

Samples: Acceptance Agreement (Cybex International Inc)

Commencement Date. Subject (a) As herein used, the phrase “commencement date” shall mean the earlier of: (i) the day Tenant opens for business in the demised premises, or (ii) one hundred twenty (120) days after Landlord has delivered to satisfaction Tenant possession of the condition demised premises as same are to be substantially completed by Landlord and ready for occupancy, as in (b) below. Landlord agrees to deliver the demised premises to Tenant with Landlord’s Work (as set forth in Section 13 on Exhibit “B”, attached hereto and made a part hereof) completed between July 1, 2006 and October 15, 2006 (the term of this Sublease “Delivery Period”). Landlord shall give Tenant notice (the Sublease TermEstimated Delivery Notice”) shall commence on April no later than July 1, 2022 2006 of the status of Landlord’s construction and the estimated date that Landlord shall deliver the Premises to Tenant with Landlord’s Work substantially completed (the Commencement Estimated Delivery Date”). Landlord may, but is under no obligation, to revise the Estimated Delivery Date any time prior to thirty (30) days prior to the Estimated Delivery Date (the “Final Delivery Notice Date”), and expire, unless sooner terminated, on October 31, 2030 by which time Landlord shall have given Tenant a final notice (the Expiration Final Delivery Notice”) of a firm delivery date (the “Final Delivery Date”)) upon which the Landlord’s Work shall be substantially completed and the demised premises delivered to Tenant. Upon the sending of the Final Delivery Notice, Landlord shall have no further right to modify the Final Delivery Date. However, if Landlord has not delivered a Final Delivery Notice by the Final Delivery Notice Date, then the Estimated Delivery Notice shall be the Final Delivery Notice and the Estimated Delivery Date shall be the Final Delivery Date. The Final Delivery Date shall not be earlier than (i) thirty (30) days after the date Tenant receives the Final Delivery Notice, or (ii) the first day of the Delivery Period. If Sublandlord is unable Landlord does not deliver the demised premises to Tenant as required herein by October 15, 2006, Tenant may defer delivery until January 2, 2007. If Landlord does not deliver possession of the Sublease Premises demised premises to Subtenant Tenant thereafter on or before any particular dateJuly 1, for any reason2007, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of Tenant may terminate this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof), but, in such event, the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancyLease. Notwithstanding any provision in the Master Lease granting Sublandlordforegoing, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master Lease), Subtenant shall have no option to extend the term of this Sublease. Within ten (10) days after Sublandlord’s request, Subtenant shall execute and deliver to Sublandlord a written confirmation of the Commencement Date and all other matters set forth therein (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, SublandlordLandlord’s failure to deliver any such written confirmation the demised premises to Subtenant Tenant on or before July 1, 2007 is due to an event of force majeure which occurs on or after May 1, 2007, Tenant may not exercise its right to terminate the Lease pursuant to this Section 3(a) for an additional ninety (90) day period. In the event that the demised premises and Landlord’s Work are not substantially completed and delivered to Tenant on or before the Final Delivery Date, the minimum rent due hereunder shall not affect Sublandlord’s determination be adjusted so that, after the Rent Commencement Date, the Tenant shall receive a credit against minimum rent thereafter due Landlord equal to one (1) day of minimum rent for each day after the Final Delivery Date until delivery of the Commencement Date. Subtenant shall have reasonable early access demised premises is made to Tenant consistent with the Subleased Premises beginning on terms of this Lease, including substantial completion of the date Sublandlord has vacated the Sublease Premises Landlord’s Work (but in no event later than February 1, 2022 or earlier than the date Master Landlord consents to this Sublease) (such date the Early Access Date”) until the Commencement Date (the “Early Access PeriodLate Delivery Credit”). During such Early Access PeriodIn the event Landlord does not provide to Tenant a Final Delivery Notice as required herein and the demised premises and Landlord’s Work is not substantially completed and delivered to Tenant on or before the Final Delivery Date, Subtenant the Late Delivery Credit shall not conduct business operations in exceed One Hundred Fifty Thousand Dollars and 0/00 ($150,000.00). Tenant shall not be obligated to accept possession of the Sublease Premises or any portion thereof, but, subject demised premises prior to the terms later of (a) substantial completion of Landlord’s Work, (b) the first day of the Delivery Period and conditions (c) the Final Delivery Date. Time is of the essence regarding all dates set forth in this SubleaseSection 3(a). Landlord shall obtain a certificate of occupancy or completion, Subtenant may, during such Early Access Period, install its furniture, furnishings permit or the local equivalent that is required for Landlord’s Work at the demised premises so that Tenant may obtain a building permit for Tenant’s Work and equipment in commence performance of the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all the terms and conditions of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay Rentsame.

Appears in 1 contract

Samples: Lease (Retail Ventures Inc)

Commencement Date. Subject to satisfaction The Commencement Date of the condition set forth in Section 13 hereof, Lease shall be the term earlier of this Sublease the date on which: (“Sublease Term”i) shall commence on April 1, 2022 (“Commencement Date”), and expire, unless sooner terminated, on October 31, 2030 (“Expiration Date”). If Sublandlord is unable to deliver Tenant takes possession of any portion of the Sublease Premises in order to Subtenant on conduct business thereon; (ii) the Premises would have been Ready for Occupancy but for Tenant Delays (as defined in the Improvement Agreement attached hereto as Exhibit B); or before any particular date, (iii) the Premises are Ready for any reason, Sublandlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Sublease nor the obligations of Subtenant hereunder (subject to Section 12 hereof)Occupancy, but, in such eventthe case of (ii) and (iii), in no event before the Estimated Commencement Date. The Premises shall be deemed “Ready for Occupancy” on the date of substantial completion (as defined herein) of all Landlord’s Work to be constructed by Landlord in the Premises (but not the Cafeteria and Fitness Center, which Tenant acknowledges shall not be substantially completed until after the Commencement Date shall be such date that Sublandlord gives Subtenant written notice that (A) Master Landlord has consented to this Sublease in accordance with Section 13 hereof and (B) the Sublease Premises are ready for occupancy. Notwithstanding any provision in the Master Lease granting Sublandlord, as “Tenant,” an option to extend the term thereof (including, without limitation, Section 2.2 of the Master LeaseDate), Subtenant shall have no option to extend except for punchlist items which do not prevent Tenant from using the term of this SubleasePremises for the Permitted Uses. Within Tenant shall, within ten (10) days after Sublandlord’s requestreceipt of demand, Subtenant shall execute and deliver to Sublandlord Landlord a written confirmation Commencement Date Memorandum in the form attached hereto as Exhibit C acknowledging the actual Commencement Date of this Lease. For purposes of this Lease, “substantial completion’ shall mean the date by which all of the Commencement Date following have occurred: (i) Landlord has substantially completed the Landlord’s Work (other than the Cafeteria and all other matters set forth therein the Fitness Center) in accordance with Exhibit B of this Lease; (and if Subtenant fails to do so, Tenant shall be deemed to have executed and returned the same without exception). Such confirmation shall be conclusive and binding upon Sublandlord and Subtenant; provided, however, Sublandlord’s failure to deliver any such written confirmation to Subtenant shall not affect Sublandlord’s determination ii) Landlord has delivered possession of the Commencement DatePremises and the Landlord’s Work (other than the Cafeteria and the Fitness Center) to Tenant; and (iii) Landlord has obtained a temporary certificate of occupancy from the appropriate governmental authorities required for the legal occupancy of the Premises by Tenant. Subtenant shall have reasonable early access Notwithstanding anything to the Subleased Premises beginning on contrary contained in this Lease, if the date Sublandlord has vacated the Sublease Premises (but in no event later than February Cafeteria and Fitness Center are not Ready for Occupancy by October 1, 2022 or earlier than the 2002 (which date Master Landlord consents to this Sublease) (such date the “Early Access Date”) until the Commencement Date (the “Early Access Period”). During such Early Access Period, Subtenant shall not conduct business operations in the Sublease Premises or any portion thereof, but, subject to the terms and conditions of this Sublease, Subtenant may, during such Early Access Period, install its furniture, furnishings and equipment in the Sublease Premises and install its telephone and telecommunication equipment in the Sublease Premises. Subtenant’s early access shall be subject to all extension for Tenant Delays and up to ninety (90) days of Force Majeure Delays (as defined in Exhibit B), for each day thereafter that either the terms and conditions Cafeteria or the Fitness Center are not Ready for Occupancy, Tenant shall receive as a credit against Base Rent (as defined in Section 3.1 below) liquidated damages in the amount of this Sublease, including, without limitation, all insurance and maintenance obligations, except for the obligation to pay RentFive Hundred Dollars ($500.00) per day.

Appears in 1 contract

Samples: Lease Agreement (Palm Inc)

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