Expansion Lease. If the parties jointly proceed with the Expansion as a result of the operation of the foregoing provisions, Landlord and Tenant shall enter into a separate lease agreement covering the Expansion (the "EXPANSION LEASE"). Under all circumstances, the term of the Expansion Lease shall be at least 10 years and shall be adjusted as necessary to make the Expansion Lease expire at the same time as this Lease expires, provided that Tenant shall be deemed to have exercised any Extension Rights that may be necessary in order for this Lease to expire no less than 10 years after the commencement date of the Expansion Lease. If the Expansion occurs as a result of the operation of paragraph (b) above, the Expansion Lease shall be on the same legal and economic terms as this Lease (including the Work Letter), with the exception of any warrants issued by Tenant in connection with this Lease. If the Expansion occurs as a result of the operation of paragraph (c) above, the Expansion Lease shall be on the same legal terms as this Lease (including the Work Letter) and on such economic terms as shall be mutually determined by the parties after negotiating in good faith for a reasonable period of time, provided, however, that if Landlord and Tenant cannot reach an agreement regarding the economic terms of the Expansion Lease after negotiating in good faith for a reasonable period of time, Tenant may elect, at Tenant's sole cost and expense, Net Office/Laboratory Lease 000 Xxxxxxxxx Xxx., XXX/ Paradigm Genetics, Inc.--Page 38 to unilaterally design, build, and pay for the Additional Building. If Tenant elects to do so, Tenant shall provide to Landlord, for Landlord's written approval (which approval may not be unreasonably withheld or delayed), copies of any plans, specifications, bid proposals, work contracts, or other information concerning the nature and cost of the Additional Building that Tenant may have in its possession or control, including the identities and mailing addresses of all persons performing work or supplying materials (collectively, "ADDITIONAL BUILDING INFORMATION"). If Landlord approves the Additional Building Information, Landlord may impose such conditions on Tenant in connection with the commencement, performance, and completion of the Additional Building as Landlord may deem appropriate (in Landlord's reasonable discretion). Any request for approval of the Additional Building Information shall be in writing and delivered to Landlord not less than 15 bus...
Expansion Lease. With respect to the execution of each Expansion Lease, the amount of OP Units issued to each Earnout Participant shall equal the product obtained by multiplying (x) its Percentage Interest by (y) the quotient obtained by dividing (A) the positive difference, if any, between the Capitalized Base Rent for such Expansion Lease and fifty percent (50%) of the Hard Costs incurred by the owner of the Foothills Mall in connection with the development of the premises demised under such Expansion Lease by (B) the IPO Price; provided that (I) that such Expansion Lease has been determined by the Board of Directors of FMP (including a majority of the Independent Directors) to be on commercially reasonable terms; (II) such Expansion Lease is executed on or prior to December 31, 2009; and (III) the Lease-Up Condition with respect to such Expansion Lease has been satisfied.
Expansion Lease. If Tenant confirms (or is deemed to confirm) the exercise of the Expansion Option, then, within 30 days after such confirmation (or deemed confirmation), Landlord and Tenant shall execute a lease of the Expansion Premises on the same terms and conditions as set forth in the Lease, to the extent applicable (the "Expansion Lease"), including: (a) such modifications to the form of the Lease as may be required to reflect the terms and conditions of this Exhibit and the obligations of Landlord and Tenant hereunder; and (b) terms and conditions providing that the Lease and the obligations of Tenant under the Expansion Lease are cross-defaulted with one another; provided that, at the option of Landlord, Landlord and Tenant within such period shall execute instead of the Expansion Lease an amendment to the Lease that: (a) expands the Building to include the Building Expansion and expands the Leased Premises to include the Expansion Parcel; (b) changes the Base Rent for the Building Expansion to the Expansion Rent (as hereinafter defined); and (c) includes such modifications to the Lease as may be required to reflect the terms and conditions of this Exhibit and the obligations of Landlord and Tenant hereunder.
Expansion Lease. Section 18.4
Expansion Lease. Following Tenant’s timely exercise of its rights hereunder, Landlord and Tenant shall execute and deliver the Expansion Space Lease substantially in the form attached hereto as Exhibit “A” incorporating and/or deleting such other applicable terms and conditions as indicated therein, and Landlord and Tenant shall work in good faith to agree upon the appropriate fixed rent which shall be determined pursuant to Section 3 below. The Term of the Expansion Space Lease shall be co-terminus with the original Term of the Building 3 Lease.
Expansion Lease. If Tenant and Landlord agree to execute a lease that expands the length of the term of the current space or results in an expansion or a relocation that includes an increase of rentable square footage ("Increased Term") prior to the expiration of the Extended Term, this Lease shall be terminated and replaced with the ("Increased Term or Expansion Lease").
Expansion Lease. Lease ("Expansion Lease') one or more buildings to be constructed by Developer on the Expansion Land ("Expansion Premises"), which lease shall be accompanied by an option to purchase, all as described in Section 5; or
Expansion Lease. If Optiva exercises its option for an Expansion Lease:
Expansion Lease. Tenant's lease of the Expansion Premises shall be on all of the same terms and conditions as are set forth in the Lease, except as otherwise expressly described in this Section
Expansion Lease. 1. Master Lease Agreement dated November 3, 2004 between COMMERCE CENTER PARK I, LLC, as Landlord, SWEETHEART CUP COMPANY INC., as Tenant, and SOLO CUP COMPANY, as Guarantor
2. Corporate Guaranty of Tenant’s Obligation Under Lease, entered into by SOLO CUP COMPANY, as Guarantor, for the reliance and benefit of COMMERCE CENTER PARK I, LLC, as Landlord, dated November 3, 2004
3. First Amendment To Lease dated March 31, 2005, between COMMERCE CENTER PARK I, LLC, as Landlord, SWEETHEART CUP COMPANY INC., as Tenant, and SOLO CUP COMPANY, as Guarantor THAT PART OF THE SOUTH 14 ACRES OF THE WEST 1/2 OF THE NORTHWEST 1/4 AND ALSO PART OF THE WEST 1/2 OF THE SOUTHWEST 1/4, ALL IN XXXXXXX 0, XXXXXXXX 00 XXXXX, XXXXX 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 9; THENCE NORTH 89 DEGREES 57 MINUTES 07 SECONDS EAST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4, 40.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 01 MINUTES 58 SECONDS EAST ALONG THE EAST RIGHT OF WAY LINE OF CENTRAL AVENUE, PER DOCUMENT NO. R95-068877, 462.38 FEET, TO A POINT ON THE NORTH LINE OF THE SOUTH 14 ACRES OF THE WEST 1/2 OF THE NORTHWEST 1/4; THENCE NORTH 89 DEGREES 57 MINUTES 07 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTH 14 ACRES, 1278.75 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 40 SECONDS EAST ALONG THE EAST LINE OF THE WEST 1/2 OF SAID NORTHWEST 1/4, 462.38 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF SAID SOUTHWEST 1/4; THENCE SOUTH 00 DEGREES 01 MINUTES 29 SECONDS EAST ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SOUTHWEST 1/4 A DISTANCE OF 1406.90 FEET, THENCE NORTH 89 DEGREES 59 MINUTES 59 SECONDS WEST 1279.71 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF CENTRAL AVENUE PER DOCUMENT NOS. R95-087160 AND R96-023929; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG SAID EAST RIGHT OF WAY LINE OF CENTRAL AVENUE A DISTANCE OF 1405.79 FEET TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS THAT PART OF THE WEST HALF OF THE SOUTHWEST 1/4 OF SECTION 9, TOWNSHIP 34 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, WILL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 9; THENCE NORTH 89 DEGREES 57 MINUTES 07 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 40.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE EAST RIGHT OF WAY LINE OF CENTRAL AVENUE, PER DOCUMENT NUMBER R95-0...
