Delivery of Expansion Space. 11.1 The first sentence of Article 23.04 of the Lease (including the chart showing the time periods within which Landlord agrees to deliver Expansion Space covered by each Expansion Option exercised in accordance with Article 23.01), as amended by the Fourth Amendment, is hereby amended and restated to provide as follows:
Delivery of Expansion Space. On or before the Effective Date, Landlord shall deliver the Expansion Space to Tenant in its then current "as is" condition. Notwithstanding the foregoing, in the event that Landlord is unable to deliver the Expansion Space to Tenant by the Effective Date, regardless of the reason therefor, Landlord shall not be liable for any claims, damages or liabilities by reason thereof, nor shall such circumstances make the Lease or this First Amendment void or voidable, and Tenant's sole and exclusive remedy for such delay shall be a postponement of Tenant's obligation to pay Rent and Additional Rent for the Expansion Space; provided, however, that if Landlord is unable to deliver the Expansion Space to Tenant on or before the Effective Date due to a delay caused by Tenant or for any other cause related to Tenant's acts or omissions, Tenant's rental obligations under the Lease as amended hereby with respect to the Expansion Space shall begin on the Effective Date.
Delivery of Expansion Space. Tenant shall accept the Expansion Space and all components thereof including, but not limited to, electrical and mechanical in its presently existing “as-is”, “where-is”, with all faults condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Expansion Space except as otherwise expressly set forth in the Tenant Work Letter attached hereto as Exhibit B and incorporated herein by reference. Notwithstanding anything else contained in this Expansion Premises Amendment, Landlord shall ensure the presently existing HVAC units at the Expansion Premises are delivered in good working order. The acceptance of the Expansion Space in “as-is” condition shall in no way limit Landlord’s repair obligations set forth in the Lease. The terms of the Existing Lease shall continue to control the construction obligations of the parties with regard to the Existing Premises.
Delivery of Expansion Space. Lessor shall deliver the Expansion Space to Lessee on November 1, 2012, broom clean and free of debris, and warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("HVAC"), loading doors, sump pumps, if any, and all other such elements in the Expansion Space, shall be in good operating condition on said date, and the actual date of delivery of the Expansion Space is hereinafter referred to as the "New Commencement Date". If a non-compliance with such warranty exists as of the New Commencement Date, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Amendment, promptly after receipt of written notice from Lessee setting forth with reasonable specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor's expense. If Lessee does not give Lessor the required notice within thirty (30) days after the New Commencement Date (but 180 days after the New Commencement Date as to any matter relating to the HVAC), correction of any such non-compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expense. Lessee and Lessor acknowledge that delivery of the Expansion Space shall be upon the terms set forth in Sections 2.3 and 2.4 of the Original Lease. Upon delivery of the Expansion Space to Lessee, the “Premises” as defined in the Lease or as referenced in this Amendment shall thereafter be deemed to include the Expansion Space, and the Expansion Space shall be subject to all of the terms and conditions of the Lease and this Amendment, except as otherwise set forth in this Amendment (such as where separate reference is made to the Premises and the Expansion Space in Sections 5.a and 5.b below). Upon the addition of the Expansion Space to the Premises, the square footage of the Premises shall be 227,275 square feet, and Lessee's Share shall be increased to 63.1%. In addition to the foregoing, Lessor agrees that prior to delivery of the Expansion Space to Lessee, Lessor shall, at its sole cost and expense, restore access between the Expansion Space and the current Premises to the condition that existed prior to the relinquishment of the Contraction Space as reflected in the Fourth Amendment.
Delivery of Expansion Space. Landlord shall deliver the Expansion Space covered by each Expansion Option exercised in accordance with
Delivery of Expansion Space. Landlord shall deliver the Expansion Space covered by each Expansion Option exercised in accordance with Article 23.01 within the following time periods: Expansion Option Time Period Beginning Time Period Ending First June 2, 1994 December 2, 1994 Second June 2, 1995 December 2, 1995 Third June 2, 1997 June 2, 1998 Fourth June 2, 1999 June 2, 2000 Fifth June 2, 2001 June 2, 2002 Sixth June 2, 2003 June 2, 2004 Seventh June 2, 2005 December 2, 2006
Delivery of Expansion Space. (a) Upon the parties' full execution and --------------------------- delivery of this Amendment, Landlord shall deliver and Tenant shall accept the Expansion Space in its current "as is" condition; Landlord having completed Landlord's Work (as the same is defined in Paragraph A of Exhibit C to the ----------- --------- Lease, except as modified below), with respect to the first floor of the Building. Landlord represents that the existing "as is" condition of the Expansion Space is consistent with the description of the Base Building Shell set forth in Paragraph A of Exhibit C to the Lease except that: (i) ----------- --------- notwithstanding the terms of Paragraph A.2 of Exhibit C, there are five (5) ------------- --------- freeze protector fan powered induction units with electric heaters and electronic thermostatic control installed in the Expansion Space; (ii) notwithstanding the terms of Paragraph A.7 of Exhibit C, the spacing of the ------------- --------- window mullions on the first floor varies; and (iii) on the Termination Date (as such term is defined in Section 1.3 of the Lease, ----------- subject to modification pursuant to the express terms of the Lease).
Delivery of Expansion Space. Landlord shall deliver in “AS-IS” condition the Expansion Space on or before February 12, 2007 with no additional improvements, repairs or alterations. Such delivery of the Expansion Space is for Tenant build-out purposes and pursuant to Section 2.3 of the Lease, no payment of rent is due from Tenant for this early occupancy period. Tenant acknowledges that it has inspected the Premises and agrees to accept the Premises in its existing condition and that Landlord shall have no obligation to construct any improvements therein.
Delivery of Expansion Space. Tenant acknowledges that the suites comprising the Expansion Space are currently occupied by other tenants pursuant to lease agreements entered into between Landlord and such tenants. Landlord shall use reasonable efforts to notify Tenant of the delivery date of the suites in the Expansion Space once it obtains such estimated dates of substantial completion from its contractors. Notwithstanding the foregoing, it is understood that if and to the extent that Landlord is unable to deliver possession of the suites of the Expansion Space to Tenant due to delays caused by Tenant, then the Base Rent reserved for the respective suites shall commence to accrue on the date possession of the respective suites would have been delivered to Tenant but for the delays of Tenant. As of the date of this Agreement, no delays by Tenant currently exist. In the event that Tenant 71 occupies any portion of the Expansion Space prior to the date of substantial completion of such suite, Tenant shall pay Landlord prorated Base Rent for such suite during the period of occupancy thereof prior to the date of substantial completion thereof.
Delivery of Expansion Space. Effective as of the date that Sublandlord delivers vacant possession of the Expansion Space to Subtenant in broom clean condition (the “Expansion Effective Date”) which date is anticipated to occur immediately following the mutual execution and delivery of this First Amendment, the Subleased Premises, as defined in the Sublease, is increased to 37,294 rentable square feet on the twelfth (12th) and third (3rd) floors by the addition of the Expansion Space, and from and after the Expansion Effective Date, the Original Subleased Premises and the Expansion Space, collectively, shall be deemed the Subleased Premises, as defined in the Sublease. The Term for the Expansion Space shall commence on the Expansion Effective Date and end on the Extended Termination Date (as hereinafter defined). The Expansion Space is subject to all the terms and conditions of the Sublease except as expressly modified herein and except that Subtenant shall not be entitled to receive any allowances, abatements or other financial concessions of an inducement nature granted with respect to the Original Subleased Premises unless such concessions are expressly provided for herein with respect to the Expansion Space. The Expansion Effective Date shall be delayed to the extent that Sublandlord fails to deliver vacant possession of the Expansion Space in broom clean condition for any reason, including but not limited to, holding over by prior occupants. Any such delay in the Expansion Effective Date shall not subject Sublandlord to any liability for any loss or damage resulting therefrom. If the Expansion Effective Date is delayed, the Extended Termination Date shall not be similarly extended.
