Common use of Construction of Project and Other Improvements Clause in Contracts

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.

Appears in 20 contracts

Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Rockley Photonics Holdings LTD), Office Lease (Dermavant Sciences LTD)

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Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s 's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.

Appears in 18 contracts

Samples: Agreement for Assignment and Assumption of Lease (Halozyme Therapeutics, Inc.), Oyster Point (Cytokinetics Inc), Office Lease (Retrophin, Inc.)

Construction of Project and Other Improvements. Tenant ---------------------------------------------- acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s 's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.

Appears in 9 contracts

Samples: Office Lease (Entravision Communications Corp), Office Lease (Extreme Networks Inc), Temporary Space Agreement (Ecommercial Com Inc)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under subject to demolition or construction following Tenant’s 's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such demolition or construction.

Appears in 7 contracts

Samples: Office Lease (C3.ai, Inc.), Lease (Bloom Energy Corp), Office Lease (Zeltiq Aesthetics Inc)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s 's occupancy of the Premises, and that such construction may result in levels of noise, dust, odor, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.

Appears in 5 contracts

Samples: Office Lease (Forge Global Holdings, Inc.), Office Lease (Penumbra Inc), Office Lease (Atlantic Acquisition Inc.)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under subject to demolition or construction following Tenant’s occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such demolition or construction.

Appears in 5 contracts

Samples: Office Lease, Cogent Biosciences, Inc., Office Lease (Tracon Pharmaceuticals, Inc.)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s occupancy of the Premises, and that such construction may result in levels of noise, dust, odor, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.

Appears in 5 contracts

Samples: Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under subject to demolition or construction following Tenant’s occupancy of the Premises, and that such construction may temporarily result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such demolition or construction.

Appears in 2 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.. -00- XXXXXX XXXXXX XXXXXX CENTRE DEL MAR [Airgain, Inc.]

Appears in 2 contracts

Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction; provided such construction is performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises.

Appears in 1 contract

Samples: Office Lease (Selectica Inc)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s 's occupancy of the Premises, and that such construction may result in levels of noise, dust, odor, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to minimize interference to Tenant’s use and occupancy of the Premises.

Appears in 1 contract

Samples: Lease (PROCEPT BioRobotics Corp)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets , so long as the same do not unreasonably interfere with Tenant’s use of the Premises or claims of constructive eviction which may arise in connection with such constructionTenant’s parking or access rights.

Appears in 1 contract

Samples: Rooftop Area License Agreement (Cornerstone OnDemand Inc)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets (subject to the provisions of Section 6.3 above) or claims of constructive eviction which may arise in connection with such construction.

Appears in 1 contract

Samples: Office Lease (Cotherix Inc)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s 's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such constructionconstruction except as otherwise expressly provided in Section 1.6 above.

Appears in 1 contract

Samples: Project Site Plan (Aames Financial Corp/De)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s 's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.. 29.32

Appears in 1 contract

Samples: Aadi Bioscience, Inc.

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under subject to demolition or construction following Tenant’s 's occupancy of the Premises, and that such construction may result in commercially reasonable levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Except as expressly set forth in this Lease, Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such demolition or construction.

Appears in 1 contract

Samples: Office And (Aquantia Corp)

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Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Subject to Section 19.5.2 above, Tenant will have no right to rental abatement or offset and hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.

Appears in 1 contract

Samples: Office Lease (FIGS, Inc.)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s occupancy of the Premises, and that such construction may result in levels of noise, dust, odor, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or offsets. Furthermore, provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Xxxxxx’s business, Tenant hereby waives any claims of constructive eviction which may arise in connection with such construction.

Appears in 1 contract

Samples: Office Lease (NightHawk Radiology Holdings Inc)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s 's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any project but which shall not unreasonably and all rent offsets or claims materially interfere with Tenant's use of constructive eviction which may arise in connection with such constructionthe Premises.

Appears in 1 contract

Samples: Office Lease (Nextcard Inc)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under subject to demolition or construction following Tenant’s occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such demolition or construction.. OAKMEAD WEST ShoreTel, Inc. 57

Appears in 1 contract

Samples: Office Lease (ShoreTel Inc)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s 's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Subject to Section 6.4 above, Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.

Appears in 1 contract

Samples: Office Lease (Nektar Therapeutics)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project Property and/or the Other Improvements may be under construction following Tenant’s occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.

Appears in 1 contract

Samples: Office Lease (AssetMark Financial Holdings, Inc.)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Except as expressly set forth in Section 6.4, above, Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.

Appears in 1 contract

Samples: Office Lease (Imperial Capital Group, Inc.)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s 's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Subject to Section 6.4, Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.

Appears in 1 contract

Samples: Office Lease (Evofem Biosciences, Inc.)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s occupancy of the Premises, and that such construction may result in levels of noise, dust, odor, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction, provided that once any such work is commenced, Landlord diligently pursues same to completion.

Appears in 1 contract

Samples: Office Lease (Hyperion Therapeutics Inc)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant’s occupancy of the Premises, and that such construction may [SAN XXXXXX CORPORATE CENTER] result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.

Appears in 1 contract

Samples: Lease (Biomarin Pharmaceutical Inc)

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