Common use of Contemplated Transfer Space Clause in Contracts

Contemplated Transfer Space. the contemplated date of commencement of the Contemplated Transfer (the "Contemplated Effective Date"), and the contemplated length of the term of such contemplated Transfer. Thereafter, Landlord shall have the option, by giving written notice to Tenant within thirty (30) days after receipt of any Intention to Transfer Notice, to recapture the Contemplated Transfer Space. Such recapture shall cancel and terminate this Lease with respect to such Contemplated Transfer Space as of the Contemplated Effective Date, and this Lease shall remain in effect with respect to the balance of the Premises not so recaptured. In the event of a recapture by Landlord, if this Lease shall be canceled with respect to less than the entire Premises, the Rent reserved herein shall be prorated on the basis of the number of rentable square feet retained by Tenant in proportion to the number of rentable square feet contained in the Premises, and this Lease as so amended shall continue thereafter in full force and effect, and upon request of either Party, the Parties shall execute written confirmation of the same. If Landlord declines, or fails to elect in a timely manner, to recapture such Contemplated Transfer Space under this Section 14.4, then, subject to the other terms of this Article 14, for a period of nine (9) months (the "Nine Month Period") commencing on the last day of such thirty (30) day period, Landlord shall not have any right to recapture the Contemplated Transfer Space with respect to any Transfer made during the Nine Month Period, provided that any such Transfer is substantially on the terms set forth in the Intention to Transfer Notice, and provided further that any such Transfer shall be subject to the remaining terms of this Article 14. If such a Transfer is not so consummated within the Nine Month Period (or if a Transfer is so consummated, then upon the expiration of the term of any Transfer of such Contemplated Transfer Space consummated within such Nine Month Period), Tenant shall again be required to submit a new Intention to Transfer Notice to Landlord with respect any contemplated Transfer, as provided above in this Section 14.4. Tenant shall not be required to provide a separate Intention to Transfer Notice and Tenant’s request for Landlord’s consent to a Transfer shall satisfy Tenant’s obligations in this Section 14.4. 791223.03/WLA 186772-00003/3-7-19/gjn/gjn -20- [Xxxxxxxxx Xxxxxxxx Xxxx] [Allogene Therapeutics, Inc.]

Appears in 1 contract

Samples: Edgewater Business Park (Allogene Therapeutics, Inc.)

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Contemplated Transfer Space. the contemplated date of commencement of the Contemplated Transfer (the "Contemplated Effective Date"), and the contemplated length of the term of such contemplated Transfer. Thereafter, Landlord shall have the option, by giving written notice to Tenant within thirty fifteen (3015) business days after receipt of any such Intention to Transfer Notice, to recapture the such Contemplated Transfer SpaceSpace upon the basic terms and conditions specified in the Intention to Transfer Notice. Such In the event Landlord does not give such written recapture notice to Tenant within such fifteen (15) business day period, Tenant shall cancel have one hundred eighty (180) days thereafter within which to effect the transfer in accordance with the Intention to Transfer Notice and terminate subject to compliance with the other provisions of this Lease. In the event Tenant does not complete the transfer within that one hundred eighty (180)-day period, Tenant shall be required to deliver a new Intention to Transfer Notice to Landlord and repeat the provisions of this Section. In the event the recapture option is exercised by Landlord, this Lease shall be canceled and terminated with respect to such the Contemplated Transfer Space as of the Contemplated Effective Date, and this Lease shall remain in effect with respect to the balance of the Premises not so recaptured. In the event of a recapture by Landlord, if this Lease shall be canceled with respect to less than the entire Premises, (i) the Rent rent reserved herein shall be prorated on the basis of the number of rentable square feet retained by Tenant in proportion to the number of rentable square feet contained in the Premises, and this Lease as so amended shall continue thereafter in full force and effect, and upon the request of either Partyparty, the Parties parties shall execute written confirmation of the same. If Landlord declines, or fails to elect in a timely manner, to recapture such Contemplated Transfer Space under this Section 14.4, then, subject to the other terms of this Article 14, for a period of nine and (9ii) months (the "Nine Month Period") commencing on the last day of such thirty (30) day period, Landlord shall not have install, on a commercially reasonable basis, any right to recapture corridor and/or demising wall, at Landlord’s expense, which is required as a result of the Contemplated Transfer Space cancellation of the Lease with respect to any Transfer made during less than the Nine Month Period, provided that any such Transfer is substantially on the terms set forth in the Intention to Transfer Notice, and provided further that any such Transfer shall be subject to the remaining terms of this Article 14. If such a Transfer is not so consummated within the Nine Month Period (or if a Transfer is so consummated, then upon the expiration of the term of any Transfer of such Contemplated Transfer Space consummated within such Nine Month Period), Tenant shall again be required to submit a new Intention to Transfer Notice to Landlord with respect any contemplated Transfer, as provided above in this Section 14.4. Tenant shall not be required to provide a separate Intention to Transfer Notice and Tenant’s request for Landlord’s consent to a Transfer shall satisfy Tenant’s obligations in this Section 14.4. 791223.03/WLA 186772-00003/3-7-19/gjn/gjn -20- [Xxxxxxxxx Xxxxxxxx Xxxx] [Allogene Therapeutics, Inc.]entire Premises.

Appears in 1 contract

Samples: Lease (eASIC Corp)

Contemplated Transfer Space. the contemplated date of commencement of the Contemplated contemplated Transfer (the "Contemplated Effective Date"), and the 64 contemplated length of the term of such contemplated Transfer, and shall specify that such Intention to Transfer Notice is delivered to Landlord pursuant to this Section 14.4 in order to allow Landlord to elect to recapture the Contemplated Transfer Space. Thereafter, Landlord shall have the option, by giving written notice to Tenant within thirty ten (3010) business days after receipt of any Intention to Transfer Notice, to recapture the Contemplated Transfer Space. In the event the Contemplated Transfer Space is a sublease consisting of the Retail Space, as well as other portions of the Premises consisting of an aggregate total of less than one hundred thousand (100,000) RSF and such sublease is not covered under items (A) or (B)(x), above, Landlord may elect to recapture the Retail Space only and not any other portions of the Premises. Such recapture shall cancel and terminate this Lease with respect to such Contemplated Transfer Space as of the Contemplated Effective Date, and this Lease shall remain in effect with respect to the balance of the Premises not so recaptured. In the event of a recapture by Landlord, if this Lease shall be canceled with respect to less than the entire Premises, (I) the Base Rent reserved herein shall be prorated on the basis of proportionately reduced based upon the number of rentable square feet retained RSF relinquished by Tenant in proportion to on each applicable floor of the Premises and the applicable Base Rent per RSF for such floor of the Premises, (II) Tenant’s Share shall be proportionately reduced based upon the number of rentable square feet contained RSF of the Premises relinquished by Tenant and the total RSF of the Building, and (III) the L-C Amount (and, if applicable, the L-C Amounts in Section 21.7 below) shall be proportionately reduced based upon the Premisesnumber of RSF relinquished by Tenant on each applicable floor of the Premises and the applicable Base Rent per RSF for such floor of the Premises (i.e. the reduction shall equal eight (8) months of initial applicable Base Rent for each applicable portion of the Premises subject to the further proportionate reductions set forth in Section 21.7 below). Landlord agrees to authorize such reduction in writing to the issuer of the L-C and Landlord shall return the original L-C deposited hereunder to Tenant within five (5) business days following Tenant's delivery of the new L-C, and this Lease as so amended shall continue thereafter in full force and effect, and upon request of either Partyparty, the Parties parties shall execute written confirmation of the same. If Landlord declines, or fails to elect in a timely manner, to recapture such Contemplated Transfer Space under this Section 14.4, then, subject to the other terms TCCs of this Article 14, for a period of nine seven (97) months (the "Nine Seven Month Transfer Period") commencing on the last day of such thirty fifteen (3015) business day period, Landlord shall not have any right to recapture the Contemplated Transfer Space with respect to any Transfer made during the Nine Seven Month Transfer Period, provided that any such Transfer is substantially on the terms set forth in the Intention to Transfer Notice, and provided further that any such Transfer shall be subject to the remaining terms TCCs of this Article 14. If such a Transfer is not so consummated within the Nine Seven Month Transfer Period (or if a Transfer is so consummated, then upon the expiration of the term of any Transfer of such Contemplated Transfer Space consummated within such Nine Seven Month Transfer Period), Tenant shall again be required to submit a new Intention to Transfer Notice to Landlord with respect any contemplated Transfer, as provided above in this Section 14.4. Notwithstanding any provision to the contrary set forth in this Lease, for purposes of determining whether Tenant is "leasing" or "occupying" sufficient full floors in the Building to be entitled to exercise its "Signage and Naming Rights" (as that term is defined in Section 23.4 below), Tenant shall not be required deemed to provide a separate Intention be "leasing" and "occupying" any portion of the Premises which is recaptured by Landlord pursuant to Transfer Notice and Tenant’s request for Landlord’s consent to a Transfer shall satisfy Tenant’s obligations in the TCCs of this Section 14.4. 791223.03/WLA 186772-00003/3-7-19/gjn/gjn -20- [Xxxxxxxxx Xxxxxxxx Xxxx] [Allogene Therapeutics, Inc.]14.4 through the then Lease Expiration Date applicable to such portion of the Premises had Landlord not elected to recapture such portion.

Appears in 1 contract

Samples: Office Lease (Salesforce Com Inc)

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Contemplated Transfer Space. the contemplated date of commencement of the Contemplated Transfer (the "Contemplated Effective Date"), and the contemplated length of the term of such contemplated Transfer. Thereafter, Landlord shall have the option, by giving written notice to Tenant within thirty twenty (3020) days after receipt of any Intention to Transfer Notice, to recapture (i) the Contemplated Transfer Space, a proportionate share of parking passes pertaining to the Building Parking Facilities, and space that is necessary and sufficient to create legally occupiable space (e.g., common corridors and lobby areas) and (ii) at Landlord’s sole option, the Cafeteria and/or Fitness Center, if such areas are not part of the Contemplated Transfer Space; provided, however, that if Landlord recaptures the Cafeteria and/or Fitness Center pursuant to item (ii) above, then Landlord shall reimburse Tenant for Tenant’s unamortized, actual, out-of-pocket costs to construct the Cafeteria and/or Fitness Center (in excess of a Building standard build-out for such space) and excluding any items paid for with the Tenant Improvement Allowance. Such recapture shall cancel and terminate this Lease with respect to such Contemplated Transfer Space (and Cafeteria and/or Fitness Center, as applicable) as of the Contemplated Effective Date, and this Lease shall remain in effect with respect Landlord, at its sole cost and expense (unless such costs and expenses were not the responsibility of Tenant pursuant to the balance Intention to Transfer Notice), shall construct any required demising work. Tenant shall use commercially reasonable efforts to include in any listing agreement a provision that no brokerage commissions shall be paid in the event of the Premises not so recaptureda Landlord recapture. In the event of a recapture by Landlord, if this Lease shall be canceled with respect to less than the entire Premises, the Rent reserved herein shall be prorated on the basis of the number of rentable square feet retained by Tenant in proportion to the number of rentable square feet contained in the Premises, and this Lease as so amended shall continue thereafter in full force and effect, and upon request of either Partyparty, the Parties parties shall execute written confirmation of the same. If Landlord declines, or fails to elect in a timely manner, to recapture such Contemplated Transfer Space (and Cafeteria and/or Fitness Center, as applicable) under this Section 14.4, then, subject to the other terms of this Article 14, for a period of nine (9) months (the "Nine Month Period") commencing on the last day of such thirty twenty (3020) day period, Landlord shall not have any right to recapture the Contemplated Transfer Space with respect to any Transfer made during the Nine Month Period, provided that any such Transfer is substantially on the terms set forth in the Intention to Transfer Notice, and provided further that any such Transfer shall be subject to the remaining terms of this Article 14. If such a Transfer is not so consummated within the Nine Month Period (or if a Transfer is so consummated, then upon the expiration of the term of any Transfer of such Contemplated Transfer Space consummated within such Nine Month Period), Tenant shall again be required to submit a new Intention to Transfer Notice to Landlord with respect any contemplated Transfer (other than a Permitted Transfer), as provided above in this Section 14.4. Tenant shall not be required to provide a separate Intention to Transfer Notice and Tenant’s request for Landlord’s consent to a Transfer shall satisfy Tenant’s obligations in this Section 14.4. 791223.03/WLA 186772-00003/3-7-19/gjn/gjn -20- [Xxxxxxxxx Xxxxxxxx Xxxx] [Allogene Therapeutics, Inc.].

Appears in 1 contract

Samples: Office Lease (Snowflake Inc.)

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