Common use of Expansion Term Clause in Contracts

Expansion Term. Landlord and Tenant acknowledge that Tenant’s lease of the Existing Premises is scheduled to expire on May 31, 2022, pursuant to the terms of the Lease. Notwithstanding anything to the contrary in the Lease, the term of Tenant’s lease of the Existing Premises is hereby extended and shall expire coterminously with the term of Tenant’s lease of the Expansion Premises on the day that is preceding the eighth (8th) anniversary of the Expansion Commencement Date (the “New Expiration Date”), unless sooner terminated as provided in the Lease, as hereby amended. The period of time commencing on the Expansion Commencement Date and terminating on the New Expiration Date, shall be referred to herein as the “Expansion Term.” For purposes of this Second Amendment, the term “Expansion Year” shall mean each consecutive twelve (12) month period during the Expansion Term; provided, however, that the first (1st) Expansion Year shall commence on the Expansion Commencement Date and end on the last day of the month in which the first anniversary of the Expansion Commencement Date occurs (unless the Expansion Commencement Date is the first (1st) day of a calendar month, in which event the first Expansion Year shall end on the day immediately preceding the first anniversary of the Expansion Commencement Date), and the second and each succeeding Expansion Year shall commence on the first day of the next calendar month; and further provided that the last Expansion Year shall end on the New Expiration Date. At any time during the Expansion Term, Landlord may deliver to Tenant a notice substantially in the form as set forth in Exhibit C attached to the Original Lease, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord pursuant to the terms of the Lease, as amended hereby (subject to correction for factual errors).

Appears in 2 contracts

Samples: Lease (RAPT Therapeutics, Inc.), Lease (RAPT Therapeutics, Inc.)

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Expansion Term. Landlord and Tenant acknowledge that Tenant’s lease The “Expansion Term” shall commence on February 1, 2020 (i.e., upon the Tranche Lease Commencement Date for the Suite 150 portion of the Existing Premises is scheduled to expire on May 12790 Premises), and shall continue until the earlier of (a) July 31, 20222031, pursuant to and (b) the terms last day of the Lease. Notwithstanding anything to calendar month in which the contrary in the Lease, the term of Tenant’s lease of the Existing Premises is hereby extended and shall expire coterminously with the term of Tenant’s lease of the Expansion Premises on the day that is preceding the eighth one hundred twenty-seventh (8th127th) monthly anniversary of the Expansion Tranche Lease Commencement Date applicable to the KM Tranche portion of the 12790 Premises occurs (the “New Expansion Term Expiration Date”), unless extended or sooner terminated as provided in the Lease, as hereby amended. The period of time commencing on parties acknowledge that the Expansion Term Expiration Date is anticipated to be July 31, 2031, based upon an anticipated Tranche Lease Commencement Date and terminating on of July 1, 2021 for the New Expiration Date, shall be referred to herein as corresponding portion of the “Expansion Term.” 12790 Premises. For purposes of this Second Third Amendment, the term "Expansion Year" with respect to each tranche of the 12790 Premises shall mean each consecutive twelve (12) calendar month period during the Expansion Term; provided, however, that the first (1st) Expansion Year shall commence on the Expansion applicable Tranche Lease Commencement Date for the applicable portion of the 12790 Premises and end on the last day of the month in which the first anniversary of the Expansion such Tranche Lease Commencement Date occurs (unless or if the Expansion applicable Tranche Lease Commencement Date is the first (1st) day of a calendar month, in which event then the first Expansion Year shall commence on the applicable Tranche Lease Commencement Date and end on the day immediately preceding the first anniversary of the Expansion applicable Tranche Lease Commencement Date), and the second and each succeeding Expansion Year shall commence on the first day of the next calendar month; and further provided that the last Expansion Year shall end on the New Expansion Term Expiration Date. At any time during the Expansion Term, Landlord may deliver to Tenant a notice substantially in the form as set forth in Exhibit C attached to the Original Lease, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord pursuant to the terms of the Lease, as amended hereby (subject to correction for factual errors).

Appears in 1 contract

Samples: Lease (Neurocrine Biosciences Inc)

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Expansion Term. Landlord and The term shall commence on the earlier of (a) occupancy by -------------- Tenant acknowledge that Tenant’s lease of the Existing Premises is scheduled to expire on May 31, 2022, pursuant to the terms of the Lease. Notwithstanding anything to the contrary in the Lease, the term of Tenant’s lease of the Existing Premises is hereby extended and shall expire coterminously with the term of Tenant’s lease more than 3,000 useable square feet of the Expansion Premises on for business purposes or (b) thirty (30) days following Landlord's "delivery," as such term is defined in the day that is preceding the eighth (8th) anniversary Paragraph below entitled "Alterations," of the Expansion Commencement Date Premises to Tenant, whether or not Tenant commences business therefrom (the “New Expiration "Expansion Premises Commencement Date"), unless sooner terminated as provided in the Leaseand expire on December 31, as hereby amended2005. The period of time commencing on the Expansion Commencement Date and terminating on the New Expiration Date, shall be referred to herein as the “Expansion Term.” For purposes of this Second Amendment, the term “Expansion Year” shall mean each consecutive twelve (12) month period during the Expansion Term; provided, however, that the first (1st) Expansion Year shall commence on the Expansion Commencement Date and end on the last day of the month in which the first anniversary If for any reason Landlord cannot deliver possession of the Expansion Commencement Date occurs (unless the Expansion Commencement Date is the first (1st) day of a calendar month, in which event the first Expansion Year shall end on the day immediately preceding the first anniversary of the Expansion Commencement Date), and the second and each succeeding Expansion Year shall commence on the first day of the next calendar month; and further provided that the last Expansion Year shall end on the New Expiration Date. At any time during the Expansion Term, Landlord may deliver Premises to Tenant a notice substantially in the form as set forth in Exhibit C attached on or prior to the Original LeaseJanuary 1, as a confirmation only 2001, despite using Landlord's reasonable good faith efforts and subject to delays caused by Tenant or by events beyond Landlord's control and other force majeure events, including, but not limited to, strikes, material shortages, delays of the information set forth thereingovernmental agencies or Acts of God, which delays will not be cause for termination hereunder, Tenant may, by written notice to Landlord, terminate the Lease and this Second Amendment and Tenant shall thereafter have one hundred eighty (180) days to vacate the Renewal Premises. Tenant shall be liable for Rent for the Renewal Premises for the period commencing October 1, 2000 until the termination date. Upon Landlord's request, Tenant shall promptly execute and return to Landlord pursuant an accurate "Start-Up Letter" in which Tenant shall agree, among other things, to acceptance of the Expansion Premises and to the determination of the Expansion Premises Commencement Date in accordance with the terms of the this Second Amendment to Lease, as amended hereby (subject but Tenant's failure or refusal to correction for factual errors)do so shall not negate Tenant's acceptance of the Expansion Premises or affect determination of the Expansion Premises Commencement Date.

Appears in 1 contract

Samples: Lease (Multilink Technology Corp)

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