Common use of Deemed Holdover Occupancy Clause in Contracts

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Term, then for so long as any license or permit relating to such Radioactive Materials remains open or valid following the Termination Date, and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s use, then Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 solely for that portion of the Premises effected by the radioactive materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term and, on or before the Termination Date, has failed to remove from the Premises or the Project all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable Laws, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the Term, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws.

Appears in 4 contracts

Samples: Office/Laboratory Lease (Kyverna Therapeutics, Inc.), Office/Laboratory Lease (Kyverna Therapeutics, Inc.), Office/Laboratory Lease (Avista Public Acquisition Corp. II)

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Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx Tenant expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Term, then for so long as any license or permit relating to such Radioactive Materials remains open or valid following the Termination Dateterm of this Lease, and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to the Use as long as Tenant’s usepermit or license for handling the same remains open, then for so long as any license or permit relating to such Radioactive Materials remains open following any otherwise applicable termination or expiration of the Term of this Lease, Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease solely for that portion of the Premises effected premises which is covered by the radioactive materials Radioactive Materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other LawsLegal Requirements. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the term of this Lease and at the otherwise applicable termination or expiration of the Term and, on or before the Termination Date, of this Lease Tenant has failed to remove from the Premises or and the Project Building all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated remediated, in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable LawsLegal Requirements, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the TermTerm of this Lease, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other LawsLegal Requirements.

Appears in 4 contracts

Samples: Lab Lease (OmniAb, Inc.), Lab Lease (OmniAb, Inc.), Lease (Lucira Health, Inc.)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx Tenant expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Term, then for so long as any license or permit relating to such Radioactive Materials remains open or valid following the Termination Date, and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s use, then Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 solely for that portion of the Premises effected by the radioactive materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term and, on or before the Termination Date, has failed to remove from the Premises or the Project all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable Laws, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the Term, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws.

Appears in 2 contracts

Samples: Sublease (Dynavax Technologies Corp), Office/Laboratory Lease (Dynavax Technologies Corp)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx Tenant expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Term, then for so long as any license or permit relating to such Radioactive Materials remains open or valid following the Termination Date, and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s useuse due to such license or permit remaining open or valid, then Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 solely for that portion of the Premises effected by the radioactive materials license, until such time as the earlier of (a) all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other LawsLaws or (b) the date another tenant is no longer legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s use due to such license or permit remaining open or valid. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term and, on or before the Termination Date, has failed to remove from the Premises or the Project all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable Laws, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the Term, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws.

Appears in 2 contracts

Samples: Lease Agreement (XOMA Corp), Lease Agreement (XOMA Corp)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx Tenant expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Termterm of this Lease, then for so long as any license or permit relating to such Radioactive Materials remains open following any otherwise applicable termination or valid following expiration of the Termination Date, Term of this Lease and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s usethe Use, then and in such event, Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease solely for that portion of the Premises effected premises which is covered by the radioactive materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other LawsLegal Requirements. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term term of this Lease and, on at the otherwise applicable termination or before expiration of the Termination DateTerm of this Lease, Tenant has failed to remove from the Premises or and the Project Building all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated remediated, in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable LawsLegal Requirements, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the TermTerm of this Lease, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other LawsLegal Requirements.

Appears in 2 contracts

Samples: Lease Agreement, Lease (Gritstone Oncology, Inc.)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx Tenant expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Term, then for so long as any license or permit relating to such Radioactive Materials remains open or valid following the Termination Date, and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s use, then Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 solely for that portion of the Premises effected by the radioactive materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term and, on or before the Termination Date, has failed to remove from the Premises or the Project all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable Laws, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the Term, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws.

Appears in 2 contracts

Samples: Office/Laboratory Lease (Berkeley Lights, Inc.), Lease Agreement (Zogenix, Inc.)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx Tenant expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the TermTern, then for so long as any license or permit relating to such Radioactive Materials remains open or valid following the Termination Date, and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s usethe Permitted Use, then Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 solely for that portion of the Premises effected by the radioactive materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term and, on or before the Termination Date, has failed to remove from the Premises or the Project all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable Laws, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the Term, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws.

Appears in 2 contracts

Samples: Office/Laboratory Lease (Caribou Biosciences, Inc.), Office/Laboratory Lease (Caribou Biosciences, Inc.)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Term, then for so long as any license or permit relating to such Radioactive Materials remains open or valid following the Termination Date, and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s use, then Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 solely for that portion of the Premises effected by the radioactive materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term and, on or before the Termination Date, has failed to remove from the Premises or the Project all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable Laws, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the Term, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without LandlordXxxxxxxx’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws.

Appears in 2 contracts

Samples: Sub Sublease (Carmot Therapeutics Inc.), Sub Sublease (Carmot Therapeutics Inc.)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx Txxxxx expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Term, then for so long as any license or permit relating to such Radioactive Materials remains open or valid following the Termination Date, and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s use, then Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 solely for that portion of the Premises effected by the radioactive materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term and, on or before the Termination Date, has failed to remove from the Premises or the Project all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable Laws, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the Term, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws.

Appears in 1 contract

Samples: Office/Laboratory Lease (OmniAb, Inc.)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Term, then for so long as any license or permit relating to such Radioactive Materials remains open or valid following the Termination Date, and another entity handling Radioactive Materials which is a bona fide prospective tenant of Landlord as demonstrated by a current signed lease proposal or letter of intent is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s use, then Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 solely for that portion of the Premises effected affected by the radioactive materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term and, on or before the Termination Date, has failed to remove from the Premises or the Project all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable Laws, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the Term, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws.

Appears in 1 contract

Samples: Office/Laboratory Lease (BioAge Labs, Inc.)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx Tenant expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Term, then for so long as any license or permit relating to such Radioactive Materials remains open or valid following the Termination Date, and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s use, then Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 solely for that portion of the Premises effected by the radioactive materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term and, on or before the Termination Date, has failed to remove from the Premises or the Project all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable Laws, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the Term, then for so long as such circumstances continue to existexist and Landlord is unable to lease the Premises to a new tenant and have such new tenant occupy and commence business in the Premises as a result of such circumstances, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws, provided that notwithstanding Article 13, in no event shall Tenant be liable for consequential damages as a result of deemed holdover under this provision until after the forty-fifth (45th) day following the termination or expiration of this Lease, and further provided that Landlord shall use commercially reasonable efforts to mitigate any consequential damages that arise as a result of Tenant’s deemed holdover.

Appears in 1 contract

Samples: Office/Laboratory Lease (Gritstone Oncology, Inc.)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Term, then for so long as any license or permit relating to such Radioactive Materials remains open or valid following the Termination Date, and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s use, then Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 solely for that portion of the Premises effected by the radioactive materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term of this Lease and, on at the otherwise applicable termination or before expiration of the Termination DateTerm of this Lease, Tenant has failed to remove from the Premises or and the Project Building all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated remediated, in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable LawsLegal Requirements, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the TermTerm of this Lease, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws.Legal Requirements. Notwithstanding anything to the contrary contained herein, if Txxxxx delivers a post-occupancy study to Landlord as set forth in Section 33.K, and such study concludes that no Tenant Contamination is present in the Building or the Premises as of the expiration or other termination of this Lease, then Tenant shall have no further liability under this Section 33.M.

Appears in 1 contract

Samples: Lease Agreement (Vivani Medical, Inc.)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx Tenant expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Termterm of this Lease, then for so long as any license or permit relating to such Radioactive Materials remains open following any otherwise applicable termination or valid following expiration of the Termination Date, Term of this Lease and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s usethe Use, then and in such event, Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s 's consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease solely for that portion of the Premises effected premises which is covered by the radioactive materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other LawsLegal Requirements. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term term of this Lease and, on at the otherwise applicable termination or before expiration of the Termination Date, Term of this Lease. Tenant has failed to remove from the Premises or and the Project Building all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s 's Contamination and/or to have fully remediated remediated, in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable LawsLegal Requirements, the Tenant’s 's Handling and/or Release (if applicable) of any such Hazardous Materials during the TermTerm of this Lease, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s 's consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other LawsLegal Requirements.

Appears in 1 contract

Samples: Lease (Biotime Inc)

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Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx Tenant expressly agrees as follows: (i1) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Termterm of this Lease, then for so long as any license or permit relating to such Radioactive Materials remains open following any otherwise applicable termination or valid following expiration of the Termination Date, Term of this Lease and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s usethe Use, then and in such event, Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s 's consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease solely for that portion of the Premises effected premises which is covered by the radioactive materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other LawsLegal Requirements. (ii2) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term term of this Lease and, on at the otherwise applicable termination or before expiration of the Termination Date, Term of this Lease Tenant has failed to remove from the Premises or and the Project Building all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s 's Contamination and/or to have fully remediated remediated, in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable LawsLegal Requirements, the Tenant’s 's Handling and/or Release (if applicable) of any such Hazardous Materials during the TermTerm of this Lease, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s 's consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other LawsLegal Requirements.

Appears in 1 contract

Samples: Office Lease (Zogenix Inc)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx Tenant expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the TermTerm of this Lease, then for so long as any license or permit relating to such Radioactive Materials remains open following any otherwise applicable termination or valid following expiration of the Termination Date, Term of this Lease and another entity handling Radioactive Materials which is a bona fide prospective tenant of Landlord as demonstrated by a current signed lease proposal or letter of intent is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s usethe Use while such license or permit remains open, then and in such event, Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease solely for that portion of the Premises effected which is covered by the radioactive materials licenselicense or permit, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term of this Lease and, on at the otherwise applicable termination or before expiration of the Termination Date, Term of this Lease Tenant has failed to remove from the Premises or and the Project Building all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated remediated, in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable Laws, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the TermTerm of this Lease, then for so long as such circumstances continue to exist, and a bona fide prospective tenant of Landlord as demonstrated by a current signed lease proposal or letter of intent is prohibited under applicable Hazardous Materials Laws from occupying a portion of the Premises for its valid business purposes otherwise permitted by the City of Emeryville as a result of Tenant’s failure to complete any such required remediation or removal, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws.

Appears in 1 contract

Samples: Lease Agreement (Amyris Biotechnologies Inc)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx Tenant expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the TermTerm of this Lease, then for so long as any license or permit relating to such Radioactive Materials remains open following any otherwise applicable termination or valid following expiration of the Termination Date, Term of this Lease and another entity handling Radioactive Materials which is a bona fide prospective tenant of Landlord as demonstrated by a current signed lease proposal or letter of intent is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s usethe Use while such license or permit remains open, then and in such event, Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease solely for that portion of the Premises effected which is covered by the radioactive materials licenselicense or permit, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term of this Lease and, on at the otherwise applicable termination or before expiration of the Termination Date, Term of this Lease Tenant has failed to remove from the Premises or and the Project Building all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated remediated, in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable Laws, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the TermTerm of this Lease, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other LawsLegal Requirements.

Appears in 1 contract

Samples: Lease Agreement (Amyris Biotechnologies Inc)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Term, then for so long as any license or permit relating to such Radioactive Materials remains open or valid following the Termination Date, and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s use, then Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 solely for that portion of the Premises effected by the radioactive materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term and, on or before the Termination Date, has failed to remove from the Premises or the Project all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable Laws, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the Term, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without LandlordXxxxxxxx’s consent (notwithstanding such otherwise applicable termination or expiration of [ * ] = 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 Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws.

Appears in 1 contract

Samples: Office/Laboratory Lease (Aduro Biotech, Inc.)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx Tenant expressly agrees as follows: (i1) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Termterm of this Lease, then for so long as any license or permit relating to such Radioactive Materials remains open following any otherwise applicable termination or valid following expiration of the Termination Date, Term of this Lease and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s usethe Use, then and in such event, Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease solely for that portion of the Premises effected premises which is covered by the radioactive materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other LawsLegal Requirements. (ii2) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term term of this Lease and, on at the otherwise applicable termination or before expiration of the Termination Date, Term of this Lease Tenant has failed to remove from the Premises or and the Project Building all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated remediated, in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable LawsLegal Requirements, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the TermTerm of this Lease, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other LawsLegal Requirements.

Appears in 1 contract

Samples: Office Lease (Zogenix, Inc.)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx Tenant expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Term, then for so long as any license or permit relating to such Radioactive Materials remains open or valid following the Termination Date, and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to Tenant’s usethe Permitted Use, then Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 solely for that portion of the Premises effected by the radioactive materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the Term and, on or before the Termination Date, has failed to remove from the Premises or the Project all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable Laws, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the Term, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the Term) and shall be required to continue to pay Rent and other charges in accordance with Article 13 until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws.

Appears in 1 contract

Samples: Office/Laboratory Lease (Caribou Biosciences, Inc.)

Deemed Holdover Occupancy. Notwithstanding any other provisions of this Lease, Xxxxxx Tenant expressly agrees as follows: (i) If Tenant Handles any Radioactive Materials in or about the Premises or the Project during the Term, then for so long as any license or permit relating to such Radioactive Materials remains open or valid following the Termination Dateterm of this Lease, and another entity handling Radioactive Materials which is a prospective tenant of Landlord is legally prohibited from occupying a portion of the Premises for a use similar to the Use as long as Tenant’s usepermit or license for handling the same remains open, then for so long as any license or permit relating to such Radioactive Materials remains open following any otherwise applicable termination or expiration of the Term of this Lease, Tenant shall be deemed to be occupying that portion of the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease solely for that portion of the Premises effected premises which is covered by the radioactive materials Radioactive Materials license, until such time as all such Radioactive Materials licenses and permits have been fully closed out in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other LawsLegal Requirements. (ii) If Tenant Handles any Hazardous Materials in or about the Premises or the Project during the term of this Lease and at the otherwise applicable termination or expiration of the Term and, on or before the Termination Date, of this Lease Tenant has failed to remove from the Premises or and the Project Building all known Hazardous Materials Handled by a Tenant Party or has failed to complete any remediation or removal of Tenant’s Contamination and/or to have fully remediated remediated, in compliance with the requirements of this Lease and with all applicable Hazardous Materials Laws and any other applicable LawsLegal Requirements, the Tenant’s Handling and/or Release (if applicable) of any such Hazardous Materials during the TermTerm of this Lease, then for so long as such circumstances continue to exist, Tenant shall be deemed to be occupying the Premises on a holdover basis without Landlord’s consent (notwithstanding such otherwise applicable termination or expiration of the TermTerm of this Lease) and shall be required to continue to pay Rent and other charges in accordance with Article 13 the holdover provisions of this Lease until such time as all such circumstances have been fully resolved in accordance with the requirements of this Lease and with all applicable Hazardous Materials Laws and other Laws.Legal Requirements. ​

Appears in 1 contract

Samples: Lease Agreement (Avista Public Acquisition Corp. II)

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