Expanded Premises. Landlord hereby leases the Additional Space to Tenant, and Tenant hereby leases the Additional Space from Landlord, on the same terms and conditions as are set forth in the Lease, as supplemented hereby, from and after the date hereof, the Premises (as defined in the Lease) shall consist of the Premises described in the Lease, together with the Additional Space described in Exhibit "A" to this Second Amendment.
Expanded Premises. Four (4) months of Operating Costs at the rate payable in months 85-89 of the Initial Term. (amount not yet known) For Example, if the Initial Premises contains 51,662 square feet of Rentable Area, and if the Expansion Premises contains 12,000 square feet of Rentable Area, and if the scheduled Operating Costs are $12.50 per square foot in Months 85-89, and if Expansion Space Commencement Date is the first day of Month 37 of the Initial Term, then the Termination Fee would be calculated as follows: Example Termination Fee Table: Termination Fee Item Unamortized Cost of TI’s or Allowance @ 8.5% Unamortized Cost of Brokerage Commissions @ 8.5% Four (4) Months Base Rent Following Lease Termination Four (4) Months Operating Costs Following Lease Termination Initial Premises $ 1,521,820 $ 291,682 $ 772,991 $ 215,258 * Expansion Space $ 247,441 ** $ 46,566 *** $ 179,560 **** $ 50,000 Subtotals: $ 1,769,221 $ 338,248 $ 952,541 $ 265,258 Total Example Termination Fee: $ 3,325,308 * The product of 51,662 rentable square feet (Initial Premises) multiplied by annual Operating Costs of $12.50 per square foot of Rentable Area, divided by 3 (i.e. four months Operating Costs). ** The unamortized amount (as of the end of month 84) of $630,000 ($52.50 multiplied by 00,000 xxxxxx xxxx xx Xxxxxxxx Xxxx) *** The unamortized amount (as of the end of month 84) of $118,560 ($9.88 multiplied by 00,000 xxxxxx xxxx xx Xxxxxxxx Xxxx) **** The product of 12,000 square feet of Rentable Area multiplied by $44.89, divided by 3 (ie. four months of Expansion Space Rent). **** The product of 12,000 square feet of Rentable Area (Expansion Space) multiplied by annual Operating Costs of $12.50 rentable square foot, divided by 3 (i.e. four months Operating Costs).
Expanded Premises. Effective on the later of January 1, 1999, or the date upon which Landlord tenders possession of Suite 1209 to Tenant (the "Effective Date"), Suite 1209 shall be included as part of the Premises for all purposes under the lease. Tenant acknowledges that Suite 1209 is presently occupied by another tenant whom Landlord expects will vacate on or before December 31, 1998, but Landlord is making no representation or warranty in that regard. Notwithstanding anything to the contrary herein, if for any reason Landlord does not tender possession of Suite 1209 to Tenant on or before April 1, 1999, then Tenant shall have the right to cancel this Fifth Amendment to Lease (but not the balance of the Lease) by delivering to Landlord written notice of such cancellation at any time thereafter, provided that Tenant delivers such noticed cancellation to Landlord prior to Landlord's tender of possession of Suite 1209 to Tenant. Such right of cancellation of this Fifth Amendment to Lease shall be Tenant's sole remedy for Landlord's failure to tender possession of Suite 1209. Landlord reserves the right to cancel this Fifth Amendment to Lease prior to the Effective Date in the event of Landlord's failure for any reason to execute an agreement with the existing tenant in Suite 1209 concerning its vacation of Suite 1209 on terms acceptable to Landlord in its sole discretion.
Expanded Premises. Effective as of the later to occur of the following: (a) December 1, 2012; or (b) provided that Tenant takes possession by December 21, 2012, the date on which Tenant takes possession of the Temporary Expansion Space, as defined below (the “Initial Effective Date”), the Original Premises (as described in Section A of Part I of the Lease) shall be temporarily increased by approximately 3,547 square feet of Rentable Area (3,085 usable square feet) on the third (3rd) floor of the Building known as Suite 360 (the “Temporary Expansion Space”), so that the increased Premises temporarily totals approximately 26,869 square feet of Rentable Area (23,316 usable square feet). The location of the Temporary Expansion Space is shown on the Floor Plan attached as Exhibit “A” to this Addendum No. 5. Tenant’s right to occupy the Temporary Expansion Space pursuant to the terms and conditions of the Lease shall expire as of June 30, 2013 (the “Temporary Expansion Space Termination Date”). Effective as of the earlier to occur of the following: (a) July 1, 2013; or (b) the date on which Landlord delivers the Second Expansion Space (defined below) for Tenant’s occupancy (the “Second Effective Date”), the Original Premises shall be increased by approximately 4,882 square feet of Rentable Area (4,245 usable square feet) on the third (3rd) floor of the Building known as Suite 330 (the “Second Expansion Space”), so that the increased Premises totals approximately 28,204 square feet of Rentable Area (24,476 usable square feet). The location of the Second Expansion Space is shown on the Floor Plan attached as Exhibit “A” to this Addendum No. 2 (the Original Premises, the Temporary Expansion Space for the period set forth above and the Second Expansion Space shall be collectively referred to herein as the “Expanded Premises”). Except as provided in Section 4 below, Tenant hereby accepts the Expanded Premises in their current “AS-IS” condition, without any additional modification, improvement or refurbishing by Landlord. The description of the Original Premises contained in Section A of Part I of the Lease is amended accordingly. Notwithstanding the above, the increase in the Rentable Area to include the Temporary Expansion Space and the Second Expansion Space is expressly contingent upon the termination of the lease for the current occupant of the Temporary Expansion Space and the Second Expansion Space, respectively (the “Prior Leases”). Landlord shall not be liable for a delay in Te...
Expanded Premises. Commencing on the Additional Premises Commencement Date (as defined below), Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, that certain real property located at 46 Galli Drive, Novato, California containing 69,849 xxxxxxxx xxxxxx feet (i.e., the Expanded Premises( upon all of the terms and conditions set forth in the Lease, as the same are amended by this First Amendment.
Expanded Premises. Exhibit "A" of the Lease, as replaced with EXHIBIT "A-REVISED", pursuant to the First Amendment, shall be modified to add thereto EXHIBIT "A-1-REVISED" as attached to the First Amendment. The term "Premises" shall be deemed to be, and shall be defined as, the Enlarged Premises, together with the Reduced Expansion Premises. The parties stipulate that the Reduced Expansion Premises contains 16,420 square feet of Net Rentable Area, based on 14,278 usable square feet and a fifteen (15%) percent add-on factor and that the Premises as amended hereby contains a total of 38,068 square feet of Net Rentable Area based on 33,102 usable square feet and a fifteen (15%) percent add-on factor. Landlord and Tenant agree that the foregoing calculation shall be dispositive of the actual Net Rentable Area and that no further measurement shall be made of the Premises pursuant to Section 1 of the BLI Rider to the Lease. The Rentable Area of the Premises includes restrooms, electrical and mechanical rooms over which the Tenant is herein granted exclusive control and dominion which are themselves deemed part of the premises, except that Landlord shall maintain such electrical and mechanical rooms. As a result of the amendments set forth herein, the Right of First Refusal contained in Paragraph 1.B of the Original Lease is no longer applicable and is deemed deleted.
Expanded Premises. Effective as of November 15, 2014 (the “Effective Date”), the Premises (as described in Section A of Part I of the Lease) shall be increased by approximately 3,777 square feet of Rentable Area (3,284 usable square feet) on the first (1st) floor of the Building known as Suite 100 (the “Expansion Space”), so that the increased Premises totals approximately 31,981 square feet of Rentable Area (27,560 usable square feet). The location of the Expansion Space is shown on the Floor Plan attached as Exhibit “A” to this Addendum No. 7 (the Premises and the Expansion Space shall be collectively referred to herein as the “Expanded Premises”). Tenant hereby accepts the Expanded Premises in its current “AS-IS” condition, without any additional modification, improvement or refurbishing by Landlord. The description of the Premises contained in Section A of Part I of the Lease, as previously amended, is amended accordingly. The Landlord shall not be subject to any liability, including, without limitation, lost profits or incidental or consequential damages for any delay or inability to deliver possession of the Expansion Space to the Tenant, provided, however, that the Effective Date shall be postponed until the date that Landlord is able to deliver possession of the Expansion Space to the Tenant.
Expanded Premises. For all purposes hereunder, following the construction of the Connector Building, whenever reference is made in the Lease to the “Premises”, “Project”, “premises”, “leased premises”, “Building” or “entire premises”, it shall include the Connector Building.
Expanded Premises. Effective on the later of May 1, 1998, or the date upon which Landlord tenders possession of Suite 1204 to Tenant (the "Expansion Date"), Suite 1204 shall be included as part of the Premises for all purposes under the Lease. Notwithstanding anything to the contrary contained herein, if for any reason Landlord does not tender possession of Suite 1204 to Tenant on or before June 1, 1998, then Tenant shall have the right to cancel this Third Amendment to Lease by delivering to Landlord written notice of such cancellation at any time thereafter, provided that Tenant delivers such notice of cancellation to Landlord prior to Landlord's tender of possession of Suite 1204 to Tenant. Such right of cancellation of this Third Amendment to Lease shall be Tenant's sole remedy for Landlord's failure to tender possession of Suite 1204.
Expanded Premises. From and after delivery of possession of each of Floors 33 and 34, that floor shall be considered part of the Premises through the balance of the Term, including any extension or renewal of the Term. Landlord shall deliver possession of Floors 33 and 34 to Tenant on or before the dates set forth below provided that the present tenant of Floors 33 and 34 has surrendered possession of each floor by the applicable date. Landlord shall deliver possession of each of Floors 33 and 34 to Tenant in its current “as is” condition (provided that each of Floors 33 and 34 shall be in no worse condition than as of March 28, 2013, reasonable wear and tear excepted and a barrier will be constructed by Landlord, at Landlord’s expense, around the top of the stairwell connecting floors 34 and 35) and shall not be required to make or contribute any funds toward the cost of any improvements or alterations to such space except as expressly set forth in this Amendment. Except as otherwise provided in this Amendment, all of the terms and conditions of the Lease applicable to Floor 32 set forth in the First Amendment shall apply to Floors 33 and 34.
