Expansion. Effective on and as of December 1, 2017 (such date being the -Expansion Commencement Date”), the Premises shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 of the Building (the “Expansion Space”), being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Date.
Appears in 3 contracts
Samples: Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.)
Expansion. Effective on and as If, at any time during the Term of December 1, 2017 (such date being the -Expansion Commencement Date”), the Premises shall be expanded this Lease Agreement after Tenant notifies Landlord in writing that Tenant desires to include an lease additional 7,389 square feet of rentable area designated as Suite 100 of the Building space from Landlord (the “Expansion SpaceNotice”), and subject to: (a) Tenant not being in default beyond any applicable cure period at the time of exercise nor Tenant ever being in default (irrespective of the fact that Tenant cured such default) of any monetary obligations under this Lease Agreement more fully shown than twice during the Term and described such monetary defaults aggregate in excess of $ ; (b) Tenant occupying not less than one hundred (100%) percent of the Premises originally demised hereunder; (c) the rights of other existing tenants in the Building, which rights predate this Lease Agreement; and (d) there being at least thirty-six (36) months remaining of the Extended Term; Landlord shall respond/reply to Tenant with regard to the any space in the Building which Landlord expects to become vacant and available for lease, and Landlord shall propose to Tenant the basic economic terms upon which Landlord would be prepared to entertain the negotiation of a new lease agreement for such space (on all of the floor plan attached hereto same terms and conditions as Exhibit A and made a part hereof for all purposesare set forth in this Lease Agreement, except as otherwise specified by Landlord which other terms, however, shall be substantially similar to those Landlord intends to offer to third party prospects) or an amendment to this Lease Agreement with which the parties would add such space to the description of the “Premises,” in either case for a term that is which would be coterminous with this Lease Agreement unless otherwise specified by Landlord, and which economic terms shall include the Lease Term. Tenant acknowledges estimated date that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Datespace shall be available for delivery, the Expansion Commencement Date, rent and Xxxxxx’s obligation the tenant allowance (if any) to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same be furnished to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which whereupon Tenant shall acknowledge by executing a copy and returning it to Landlord within ten have five (105) business days next following Landlord’s delivery of such notice within which to accept such terms, time being of the essence. Should Tenant accept such terms as are specified by Landlord, the parties shall negotiate the terms of a new lease agreement, or an amendment to this Lease Agreement, to memorialize their agreement. In the absence of any further agreement by the parties, such additional space shall be delivered in “AS-IS” condition, and Rent for such additional space shall commence on that date which is the earlier of: (x) Tenant’s occupancy thereof, and (y) five (5) days after its receipt from Landlord delivers such additional space to Tenant free of other tenants and occupants. Tenant’s rights hereunder shall not include the right to lease less than all of the space identified in Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date’s notice. In the event there is any delay in the delivery Landlord notifies Tenant of the Expansion Space to space and Tenant (includingrejects such offer under this Article, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration Landlord’s obligations under this Article shall terminate and this Article shall be of its lease), then this First Amendment shall not be void no further force or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Date.effect,
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Alliance Data Systems Corp)
Expansion. Effective on and as of December 1, 2017 the Expansion Commencement Date (such date being the -Expansion Commencement Date”defined below), the Premises shall be expanded Landlord hereby agrees to include an additional 7,389 lease to Tenant and Tenant hereby agrees to lease from Landlord 5,362 square feet of rentable area designated as Suite 100 of the Building Rentable Floor Area (the “Expansion SpaceAdditional Premises” the Existing Promises and the Additional Premises are collectively, referred to as the “Premises” or the “Expanded Premises”), being more fully ) as shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing A. Tenant’s lease of the Additional Premises shall be on all of the same terms and conditions as the Existing Premises, except as otherwise specified herein. Effective as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, Additional Premises shall be made a part of the Premises under the Lease and Xxxxxx’s obligation Tenant shall be leasing a total of 24,125 square feet of Rentable Floor Area in the Building. Landlord may elect to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on send Tenant documentation setting forth the Expansion Commencement Date. Following such Existing Tenant surrendering Date and other matters in the form attached as Exhibit D (a “Confirmation of Expansion Space to LandlordCommencement”), Landlord which shall thereafter deliver the same be binding subject to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and ’s right to deliver to Tenant Landlord a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord written notice specifying Tenant’s objections within ten (10) business days after its of Tenant’s receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Confirmation of Expansion Space Commencement. The foregoing shall not relieve Landlord of the obligation to complete punch list items of Landlord’s Initial Construction. Landlord and Tenant (including, without limitation, due acknowledge that the Initial Term applicable to the Existing Tenant holding over in Expanded Premises is scheduled to expire on June 30, 2019 (subject to extension pursuant to the Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, howeverLease, the Expansion Commencement “Term Expiration Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Date”).
Appears in 2 contracts
Samples: Consent to Sublease (Biofrontera AG), Consent to Sublease (Biofrontera AG)
Expansion. Effective on and as (a) Landlord agrees to hold available for the exclusive benefit of December 1, 2017 (such date being Tenant for a period of up to five years from the -Expansion Commencement Date”), Date the Premises shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 land lying north of the Building shown on Exhibit C (the “"Expansion Space”Lot") for construction of an expansion of the Building of between approximately 50,000 - 100,000 square feet (the "Expansion Building"). Landlord shall hold the Expansion Lot for the first three years at no cost to Tenant. Thereafter, being more fully a payment of $20,000.00 per year shall be required to reserve the Expansion Lot for years four and five. Each such annual payment shall be made in advance, on or before the first day of each Lease Year. If Tenant fails to pay the required annual payment within thirty (30) days of its due date, Landlord's obligation to reserve such land shall terminate.
(b) If Tenant notifies Landlord that it elects to build the Expansion Building prior to the end of the fifth lease year, Landlord shall construct the Expansion Building subject to the following conditions: (i) a building shell (the "Base Warehouse Building") substantially in accordance with the specification of the Building shall be constructed at Landlord's cost and expense; (ii) the construction of all office improvements or any upgrade to the Base Warehouse Building shall be at Tenant's cost and expense; (iii) the Expansion Building shall be between approximately 50,000 and 100,000 rentable square feet, subject to Tenant's needs, as determined by Tenant and applicable zoning, subdivision and sits conditions; (iv) the plans, specifications and construction schedule for the Expansion Building shall be mutually agreed upon between Landlord and Tenant; (v) the Expansion Building shall not be attached to the Building unless otherwise agreed.
(c) The Base Rent for the Expansion Building will be at the then Fair Market Rental Value computed in accordance with the provisions of Paragraph 5(b) of this Rider. The security for the Expansion Building will be determined as follows: (i) twelve months of the initial Base Rent if the net worth as shown and described on the floor plan attached hereto consolidated financial statements of Genesis Direct, Inc. ("GDI") at the time of the commencement of the lease for the Expansion Building (the "Expansion Commencement") is $10,000,000.00 or less; (ii) six months of the initial Base Rent if the net worth as Exhibit A shown on the consolidated financial statements of GDI at the Expansion Commencement is greater than $10,000,000.00. One-sixth of the security for the Expansion Building lease will be returned at the end of each 12 month period under the Expansion Lease in accordance with the provisions of Paragraph 6 of this Rider. Otherwise, the Expansion Building will be leased on substantially the same terms and made a part hereof for all purposes, for conditions of this Lease.
(d) The term of the lease of the Expansion Building shall be the greater of (i) seven (7) years from the date of Expansion Commencement and (ii) a term that is coterminous with expiring on the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30Expiration Date, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond term of the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery lease of the Expansion Space Building extends beyond the Expiration Date, Tenant shall be deemed to have exercised its option for the First Renewal Term, the length of which shall be adjusted so that it shall be coterminous with the then remaining term of the lease of the Expansion Building. Thereafter, Tenant shall have options to renew this Lease as to either or both the Building and the Expansion Building (includingas if this Lease and the lease for the Expansion Building were two (2) separate and distinct leases) for two periods of five (5) years each, without limitationupon the terms and at the base rental determined according to Paragraph 5(a) above, due except that if the First Renewal Term is adjusted to the Existing Tenant holding over a term less than five (5) years, as provided in the Expansion Space past the expiration second (2nd) sentence of its leasethis Paragraph 10(d), then Tenant shall have the option to renew this First Amendment shall Lease (but not be void or voidable, nor shall Landlord be liable to Tenant the lease for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15Building) for a "Third Renewal Term" of five (5) years, 2017, upon the terms and Landlord hereby consents at the base rental determined according to Tenant permitting Existing Tenant Paragraph 5
(a) above. Each of said options must be exercised as provided in said Paragraph 5(a) to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Datebe effective.
Appears in 2 contracts
Samples: Lease Agreement (Genesis Direct Inc), Lease Agreement (Genesis Direct Inc)
Expansion. Effective on (a) Subject and as subordinate to any pre-existing rights of December 1, 2017 third parties previously granted by Master Landlord to occupy the Offer Space following expiration of the Master Lease (and Sublandlord hereby represents it has no knowledge of the existence of any such date being the -Expansion Commencement Date”rights), and provided no Event of Default then exists, Sublandlord shall, prior to offering the same to any other party, first offer (the “Right of First Offer”) to sublease to Subtenant all, and not less than all, of any portion of the Premises shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 located on the eighth (8th) floor of the Building (the “Expansion Offer Space”)) from time to time when such Offer Space becomes available. Such offer shall be in writing and shall specify the sublease terms for the Offer Space, being more fully shown including the rent to be paid for the Offer Space and described the date on which the floor plan attached hereto Offer Space shall be included as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with of the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant Sublease Premises (the “Existing TenantOffer Notice”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017). Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten Within five (105) business days after its receipt from Landlord. Failure of Landlord Sublandlord delivers to send any such certificate Subtenant the Offer Notice, Subtenant shall have no effect notify Sublandlord in writing whether Subtenant elects to lease the entire Offer Space on the Expansion Commencement Date. In the event there is any delay terms set forth in the delivery Offer Notice. If Subtenant timely elects to sublease the Offer Space, then Sublandlord and Subtenant shall execute an amendment to this Sublease, effective as of the Expansion date the Offer Space is to Tenant be included as part of the Sublease Premises, on the terms set forth in the Offer Notice and, to the extent not inconsistent with the Offer Notice terms, the terms of this Sublease (and Subtenant’s Proportionate Share, the Security Deposit, and the parking spaces to be rented pursuant to the Basic Sublease Information section, shall be equitably and proportionately increased in proportion to the increase in the rentable square footage of the Sublease Premises); however, the expansion of this Sublease to include the Offer Space as contemplated by this Section 24 shall be conditioned on Master Landlord’s prior written consent, and Subtenant shall accept the Offer Space in an “AS-IS” condition and Sublandlord shall not provide to Subtenant any allowances (e.g., moving allowance, construction allowance, and the like) or other subtenant inducements (including, without limitation, due to the Existing Tenant holding over any rent credits or abatements) unless otherwise specifically provided in the Expansion Space past Offer Notice.
(b) If Subtenant fails or is unable to timely exercise the expiration Right of its lease)First Offer, then this the Right of First Amendment Offer shall not be void or voidablelapse, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy time being of the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent essence with respect to the Expansion exercise thereof, and Sublandlord may, in its sole discretion, terminate the portion of the Master Lease respecting the Offer Space or sublease all or a portion of the Offer Space to third parties on such terms as Sublandlord may elect; provided that in the event Sublandlord retains such Offer Space and subsequently elects to re-offer it for sublease, Sublandlord will again offer such space to Subtenant pursuant to this Section 24. Subtenant may not exercise the Right of First Offer if an Event of Default exists or Subtenant is not then subleasing the entire Sublease Premises. In no event shall Sublandlord be obligated to pay a commission with respect to any space subleased by Subtenant under this Section 24, and in the event Subtenant engages a broker to act on its behalf in connection with its lease of the Offer Space, Subtenant will be responsible for the payment of any commission owed to the broker so engaged by Subtenant.
(c) Notwithstanding anything to the contrary contained in this Section 24, the Right of First Offer shall commence on terminate and be of no further force or effect if (a) the Expansion Commencement Date.Master Lease or Sublandlord’s right to possession of the Offer Space is terminated, (b) this Sublease or Subtenant’s right to possession of the Subleases Premises is terminated, or (c) there would, at the time of the execution of the amendment adding the Offer Space to this Sublease, be an Event of Default, or, at any time, there has been more than one (1)
Appears in 2 contracts
Samples: Sublease (Cascadian Therapeutics, Inc.), Sublease (Cti Biopharma Corp)
Expansion. Effective on and as of December 1, 2017 (such date being Lessee has the -Expansion Commencement Date”), the Premises shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 of the Building right (the “Expansion SpaceRight”)) to acquire from the City of New Brighton, being more fully shown and described on Minnesota certain real estate parcels adjacent to the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant Property (the “Existing TenantOption Property”) and pursuant to that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30certain Contract for Private Redevelopment dated June 10, 2017. Tenant hereby waives any claims against Landlord in 2014 (the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date“Redevelopment Contract”). In the event there is any delay Lessee desires to exercise the Expansion Right, Lessor shall cooperate with Lessee to exercise such rights under the Redevelopment Contract to purchase the Option Property and to construct building improvements on the Option Property, which improvements may adjoin, or connect to, the building improvements, located upon the Property. In the event the Lessee exercises its Expansion Right and acquires the Option Property during the Lease term hereof, Lessee shall not convey its fee interest in the delivery Option Property, or any portion thereof, to any third party without providing Lessor with the following right of first refusal to purchase the Option Property (the “Option Property Right of First Refusal”). If Lessee receives an offer by a third party to purchase the Option Property, or any portion thereof, which Lessee desires to accept, Lessee shall deliver a copy of said offer to Lessor (the “Option Property Right of First Refusal Notice”) Lessee’s notice to Lessor shall state: (i) Lessee’s desire and intention to sell all or any part of the Expansion Space Option Property; and (ii) full details of the offer received by it, and a description of the purchase price as well as the overall transaction. Lessor shall have twenty (20) days from and after receiving the Option Property Right of First Refusal Notice to Tenant (includingelect to purchase the Option Property, without limitationor such portion as may be the subject of the offer, due to upon the Existing Tenant holding over terms and conditions set forth in the Expansion Space past Option Property Right of First Refusal Notice, including all rights, privileges and timetables contained in the expiration offer and any amendments related thereto which had been accepted by Lessee. If Lessor elects to purchase the Option Property, or such portion as may be the subject of the offer, the closing shall occur as set forth in the Option Property Right of First Refusal Notice or at such date as may be mutually agreed upon by and between the parties. If Lessor fails to give Lessee written notice within the twenty (20) day period of its lease)intent to purchase the Option Property, or such portion as may be the subject of the offer, then this the Option Property Right of First Amendment Refusal shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such dateterminate; provided, however, that if such closing as described in the Expansion Commencement DateOption Property Right of First Refusal Notice does not occur, and Tenant’s obligation to commence paying rent with respect to then the Expansion Space, Option Property Right of First Refusal shall commence on the Expansion Commencement Dateremain in effect.
Appears in 2 contracts
Samples: Lease Agreement (Cardiovascular Systems Inc), Purchase and Sale Agreement (Cardiovascular Systems Inc)
Expansion. Effective on and as of December 1, 2017 the Expansion Effective Date (such date being the -Expansion Commencement Date”defined below), the Premises shall be expanded to include an additional 7,389 Premises, as defined in the Lease, is increased from 4,661 square feet of rentable area designated as Suite 100 Rentable Area on the 3rd floor(s) to 8,075 square feet of Rentable Area on the 3rd floor by the addition of the Building (the “Expansion Space”), being more fully shown and described on from and after the floor plan attached hereto Expansion Effective Date, the Original Premises and the Expansion Space, collectively, shall be deemed the Premises, as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with defined in the Lease. The Term of the Lease Term. Tenant acknowledges that for the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond shall commence on the Expansion Commencement DateEffective Date and end on the Extended Termination Date (as hereinafter defined). If such Existing Tenant holds over in the The Expansion Space beyond is subject to all the Expansion Commencement Dateterms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions granted with respect to the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent Original Premises unless such concessions are expressly provided for herein with respect to the Expansion Space.
A. The “Expansion Effective Date” shall be the later to occur of (i) May 1, shall nonetheless still commence on 2020 ("Target Expansion Effective Date"), and (ii) the Expansion Commencement Date. Following such Existing Tenant surrendering date upon which the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten ’s Work (10as described in Exhibit B hereto) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such datebeen substantially completed; provided, however, that if Landlord shall be delayed in substantially completing the Landlord’s Work in the Expansion Commencement Space as a result of the occurrence of a Tenant Delay (defined below), then, for purposes of determining the Expansion Effective Date, and the date of substantial completion shall be deemed to be the day that said Landlord’s Work would have been substantially completed absent any such Tenant Delay(s). A “Tenant Delay” means any act or omission of Tenant or its agents, employees, vendors or contractors that actually delays substantial completion of the Landlord’s Work (provided Landlord shall only be entitled to claim an extension for a Tenant Delay if Landlord gives Tenant notice of such Tenant Delay within 2 days after the commencement of such delay). The Expansion Space shall be deemed to be substantially completed on the date that Landlord’s architect certifies that all Landlord’s Work has been performed (or would have been performed absent any Tenant Delays), other than minor details of construction, mechanical adjustment or any other matter, the noncompletion of which does not materially interfere with Tenant’s obligation to commence paying rent with respect to 's use of the Expansion Space. The adjustment of the Expansion Effective Date and, shall commence accordingly, the postponement of Tenant's obligation to pay rent on the Expansion Commencement Space shall be Tenant's sole remedy and shall constitute full settlement of all claims that Tenant might otherwise have against Landlord by reason of the Expansion Space not being ready for occupancy by Tenant on the Target Expansion Effective Date.
Appears in 2 contracts
Samples: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)
Expansion. Effective on (a) Landlord hereby leases to Tenant, and as of December 1, 2017 (such date being the -Expansion Commencement Date”)Tenant hereby leases from Landlord, the Expansion Premises on the terms and conditions of the Lease, as modified hereby; accordingly, from and after the Expansion Date, the term "Premises" shall refer collectively to the Existing Premises and the Expansion Premises, and, except as otherwise provided herein, Tenant's Proportionate Share shall be expanded increased to include an additional 7,389 10.41%, which is the percentage obtained by dividing the number of square feet in the 1100 Premises (as defined in the Lease) and the Expansion Premises (63,760) by the number of rentable area designated as Suite 100 of square feet in the Building (612,462). Notwithstanding anything herein to the contrary, per Section 3(e) of the Lease, Tenant is not responsible for paying Operating Expenses for Suite 380 (“Expansion Storage Space”). Pursuant to the Lease, being more fully shown Suite 380 shall not be included in the Tenant’s Proportionate Share. Tenant accepts the Expansion Premises in their "AS-IS" condition and described Landlord shall not be required to perform any demolition work or tenant finish-work therein or to provide any allowances therefor, except as expressly set forth in Exhibit B to this Amendment; however, Landlord shall deliver the base mechanical, electrical, plumbing, and HVAC systems serving the Expansion Premises in good working order. Landlord and Tenant stipulate that the number of square feet in the Existing Premises, the Expansion Premises, and the Building are correct. Notwithstanding anything herein to the contrary, Landlord shall measure the Expansion Premises in accordance with the BOMA Method (as defined in the Lease), which shall be subject to certification by Tenant at its sole cost and expense on or before the Expansion Date which may result in a further amendment to this Lease to certify the size of the Expansion Premises.
(b) The Lease Term for the Expansion Premises shall begin on the floor plan attached hereto as Exhibit A Expansion Date and made a part hereof for all purposes, for a term that is coterminous shall expire co-terminously with the Lease Term. Tenant acknowledges that expiration date with respect to the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease Premises, unless sooner terminated as of November 30, 2017. Tenant hereby waives any claims against Landlord provided in the event that such Existing Lease. As used herein, the "Expansion Date" means the earliest of (i) January 1, 2022, (ii) fifteen (15) days following the date on which the Tenant holds over Finish Work (as defined in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over Exhibit B hereto) in the Expansion Space beyond Premises is Substantially Completed (as defined in Exhibit B hereto), or (iii) fifteen (15) days following the date on which the Tenant Finish Work in the Expansion Commencement Premises would have been Substantially Completed but for the occurrence of any Tenant Delays (as defined in Exhibit B hereto). Anything to the contrary contained herein notwithstanding, Tenant may conduct business in the Expansions Premises fifteen (15) days prior to the Expansion Date, which period shall be referred to as the “Beneficial Occupancy Period”. During the Beneficial Occupancy Period, Tenant shall have the right to occupy and conduct business within the Expansion Commencement Premises with no obligation to pay Base Rent or Operating Expenses for the Expansion Premises. Tenant shall be responsible for paying its pro-rata share of Electricity Costs during the Beneficial Occupancy Period.
(c) Within ten (10) days following the Expansion Date, Tenant shall execute and Xxxxxx’s obligation deliver to commence paying rent Landlord a letter confirming (i) the Expansion Date, (ii) that Tenant has accepted the Expansion Premises, and (iii) that Landlord has performed all of its obligations with respect to the Expansion SpacePremises (except for punch-list items specified in such letter); however, the failure of the parties to execute such letter shall not defer the Expansion Date or otherwise invalidate the Lease or this Amendment.
(d) Provided that Tenant delivers to Landlord satisfactory proof that Tenant is carrying the insurance required by the Lease, Tenant may occupy the Expansion Premises up to sixty (60) days prior to the Expansion Date (the "Early Possession Date") to install Tenant’s furniture, fixtures, equipment, and voice and data cabling ("Early Possession"). The obligation to pay Base Rent and Tenant’s Proportionate Share of Operating Expenses for the Expansion Premises only shall be abated for the period from the Early Possession Date to the Expansion Date. Notwithstanding, Tenant shall not be required to pay its Proportionate Share of Electricity during the Early Possession period but shall pay electricity costs during the Beneficial Occupancy Period. All other terms of the Lease, however, including, but not limited to, the obligation to carry the insurance required by the Lease, shall nonetheless still commence be in effect during the Early Possession period.
(e) As an accommodation to Tenant, Tenant shall have the exclusive right to use temporarily, and Landlord will provide to Tenant on a temporary basis, approximately 20,000 square feet in the Expansion Commencement Date. Following such Existing Tenant surrendering Centre for temporary storage of Tenant’s furniture, fixtures, and equipment (the Expansion Space to Landlord“Temporary Premises”), which Temporary Premises will be identified by Landlord shall thereafter deliver the same in writing to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver The Temporary Premises shall be made available to Tenant a certificate establishing the Expansion Commencement Datepromptly after June 21, which Tenant shall acknowledge by executing a copy 2021, on an “AS IS, WHERE IS” basis, and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is obligation to refurbish or make any delay improvements or alterations of any nature in the delivery Temporary Premises or provide any improvement allowance with respect thereto. Tenant's lease of the Expansion Space Temporary Premises shall be on and subject to all of the terms and conditions of the Lease, except that (i) Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease), then this First Amendment shall not be void obligated pay Base Rent, Additional Rent or voidableElectrical Costs for the Temporary Premises, nor provided Tenant shall Landlord be liable responsible for paying the costs of any after- hours HVAC or other additional services pursuant to the Lease; (ii) Tenant for any loss shall have no right to renew or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy extend the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent Lease Term with respect to the Expansion SpaceTemporary Premises; (iii) Tenant shall not make any Alterations to the Temporary Premises without the consent of Landlord; (iv) Tenant shall be expressly prohibited from assigning or subleasing any or all of the Temporary Premises or any interest therein; (v) Tenant shall permit Landlord or its agents, at any time, with reasonable prior notice to Tenant or charge therefor to Landlord, to enter the Temporary Premises to exhibit the same to prospective tenants; and (vi) Tenant further agrees to cooperate with Landlord in connection with Landlord's exercise of Landlord's rights of entry under this Section 2(e). Tenant, at its sole cost and expense, will be responsible for obtaining telephone, cable and other services as needed for the operation of the Temporary Premises. Tenant's rights in this Section 2(e) to use the Temporary Premises shall commence on terminate on, and Tenant shall vacate the Expansion Commencement Date.Temporary Premises within ten
Appears in 1 contract
Expansion. Effective (a) Commencing on the Building One Premises Delivery Date, Sublandlord hereby subleases and demises to Subtenant, and Subtenant hereby subleases and accepts from Sublandlord, on the terms and conditions set forth herein, the Building One Premises.
(b) Sublandlord shall deliver possession of the Building One Premises to Subtenant on the anticipated Building One Premises Delivery Date, provided that Sublandlord shall not be subject to any liability for its failure to deliver possession of the Building One Premises by the anticipated Building One Premises Delivery Date or any other particular date, nor shall such failure effect the validity of this First Amendment or affect the Sublease Expiration Date; provided that the Building One Premises Delivery Date shall be the day that Sublandlord tenders vacant possession of the Building One Premises to Subtenant. Notwithstanding the foregoing, if the Building One Premises Delivery Date does not occur within fifteen (15) calendar days following the anticipated Building One Premises Delivery Date, Base Rent for the Building One Premises shall xxxxx following the actual Building One Rent Commencement Date for like number of days as of December 1shall have elapsed between the day following the fifteenth (15th) day after the anticipated Building One Premises Delivery Date and the actual Building One Premises Delivery Date. If the Building One Premises Delivery Date shall not have occurred within seventy five (75) days following the anticipated Building One Premises Delivery Date (the “Building One Premises Delivery Deadline”), 2017 then Subtenant shall have the right, but not the obligation, in its sole and absolute discretion to immediately terminate this First Amendment by providing written notice thereof to the Sublandlord within fifteen (such 15) days after the Building One Premises Delivery Deadline. If this First Amendment is terminated in accordance with this Section, then Base Rent for the Building One Premises shall be promptly refunded to Subtenant by Sublandlord and Subtenant and Sublandlord shall be fully released from any further obligations and liabilities under this First Amendment.
(c) Prior to the Building One Premises Delivery Date, commencing on the date being that the -Expansion Commencement Master Landlord Consent has been received (the “Building One Premises Early Access Date”), Sublandlord agrees where such space is vacant to provide Subtenant, its employees, agents, consultants and contractors with reasonable early access and early entry (“Early Access”) to the Premises Building One Premises, the “Building One MPOE Room”(as shown on Exhibit B), the “Building One MDF Room” (as shown on Exhibit B) and the “Building One Server Room” (as shown on Exhibit B) each of which are located on Floor One of Building One and shown on Exhibit B, at no additional rent to Subtenant, in order that Subtenant may perform due diligence, design and planning; provided, however that: (i) with respect to any Early Access prior to August 1, 2007, Subtenant agrees to provide Sublandlord with at minimum twenty-four (24) hours prior written notice of any Early Access; (ii) with respect to any Early Access after August 1, 2007, Subtenant’s Early Access shall be expanded not require any prior written notice from Subtenant; and (iii) such Early Access shall at all times require an escort designated by Sublandord. Subtenant agrees that during such Early Access, other than as described above Subtenant shall not perform any construction, alteration, addition, repair or other work to include an additional 7,389 square feet of rentable area designated as Suite 100 the Building One Premises, Building One MPOE Room or Building One Server Room.
(d) If Subtenant does not exercise the Expansion Option, Subtenant shall, at its sole expense, subdivide the portion of the Building One Server Room that it requires for its use of the Building One Premises in compliance with the provisions of Section 8.3 of the Sublease (the “Expansion Subdivided Server Room Space”), being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord upon such subdivision, Subtenant shall pay pro rata Base Rent for the Subdivided Server Room Space (which rentable square feet shall be determined in good faith by Sublandlord and Subtenant).
(e) Sublandlord shall deliver the Building One Premises to subtenant on the Building One Premises Delivery Date in “broom clean” condition with carpets vacuumed, and other floors cleaned. Sublandlord represents to Subtenant that upon such Existing Tenant are concurrently herewith entering into an early termination agreement delivery the roof, all structural components, elevator, HVAC, electrical, plumbing, and fire and life safety systems of Building One, as well as the parking lot and site lighting, will be operational and in good working order and condition. Sublandlord further represents to terminate its knowledge that upon such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in delivery the Premises beyond shall comply with Applicable Requirements and with the Expansion Commencement DateAmericans with Disability Act (“ADA”). If such Existing Tenant holds over in Notwithstanding the Expansion Space beyond the Expansion Commencement Dateforegoing, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on extent that the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten Initial Subtenant Improvements (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay as defined in the delivery of the Expansion Space to Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its leaseSection 8 hereof), or any other alterations required by Subtenant, trigger a requirement to perform any alterations, improvements, upgrades or other work to Building One or the Building One Premises, then this First Amendment Subtenant shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy pay the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through cost of such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Datework.
Appears in 1 contract
Samples: Sublease (Ariba Inc)
Expansion. Effective (A) Provided Tenant is neither in default at the time of exercise nor has Tenant ever incurred an Event of Default (irrespective of the fact that Tenant cured such Event of Default) of any monetary obligations during the previous three (3) years under this Lease and subject to the existing rights of other tenants within the Building, upon Tenant’s written request, Landlord shall notify Tenant with regard to rental space on and as of December 1, 2017 (such date being the -Expansion Commencement Date”), the Premises shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 first floor of the Building (the “Expansion Space”), being more fully shown ) that is or Landlord expects to become vacant and described on available for lease.
(B) In such notice Landlord shall propose to Tenant the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, basic economic terms upon which Landlord would be prepared to entertain the negotiation of an amendment to this Lease with which the parties would add such space to the description of the “Premises,” in either case for a term that is which would be coterminous with this Lease and which economic terms shall include the Lease Term. Tenant acknowledges estimated date that the Expansion Space is currently occupied space shall be available for delivery and the Fixed Rent, whereupon Tenant shall have fifteen (15) days next following Landlord’s delivery of such notice within which to accept such terms, time being of the essence. Should Tenant accept such terms as are specified by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement DateLandlord, the Expansion Commencement Dateparties shall negotiate the terms of an amendment to this Lease, and Xxxxxx’s obligation to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Datememorialize their agreement. In the event there absence of any further agreement by the parties, such additional space shall be delivered in “AS -IS” condition, and Rent for such additional space shall commence on that date which is any delay in the delivery earlier of: (x) Tenant’s occupancy thereof, and (y) five (5) days after Landlord delivers such additional space to Tenant free of other tenants and occupants. If Tenant shall not accept Landlord’s terms within such fifteen (15) day period, or if the parties shall not have executed and delivered a mutually satisfactory lease amendment within thirty (30) days next following (unless extended by mutual agreement of the Expansion Space to Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease)parties) Landlord’s original notice under this Article 30, then this First Amendment Tenant’s rights to lease such space shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017lapse and terminate, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through may, at its discretion, lease such date; provided, however, the Expansion Commencement Date, space on such terms and conditions as Landlord shall determine. Tenant’s obligation rights hereunder shall not include the right to commence paying rent with respect lease less than all of the space identified in Landlord’s notice.
(C) Nothing contained in this Article 31 is intended nor may anything herein be relied upon by Tenant as a representation by Landlord as to the Expansion Spaceavailability of expansion space within the Building at any time. Tenant’s rights hereunder shall continue throughout the Term hereof (or any extension of the Term) until the final three (3) years of the Term, provided that the Tenant first-above named (or its successors by merger or consolidation) shall commence on remain in occupancy of not less than one hundred percent (100%) of the Expansion Commencement DatePremises originally demised hereunder.
Appears in 1 contract
Samples: Lease (Celsion CORP)
Expansion. Effective Provided and on the condition that there is no uncured default of Tenant then existing, Tenant shall have, during the period commencing on the date of this Lease and as ending on the expiration of December 1, 2017 (such date being the -Expansion Commencement Date”)Refusal Period, the option from time to time and at any time on or before the expiration of the Refusal Period to expand the Demised Premises by written notice to Landlord (the "Expansion Notice") on or before the expiration of the Refusal Period. The space added to the Demised Premises ("Expansion Space") shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 all or any portion of the Building Refusal Space which has not previously been added to the Demised Premises pursuant to this Special Stipulation 8 or pursuant to Special Stipulation 2; provided, however, that the portion of the Refusal Space not leased by Tenant (the “Expansion Space”)and not leased to others as permitted by Special Stipulation 2) must constitute a commercially reasonable leaseable unit as determined by Landlord's architect; and further provided, being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposeshowever, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant must not include any space with respect to which Landlord has given Landlord's Notice (as defined in Special Stipulation 2). The Expansion Notice must identify the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017applicable Expansion Space. Tenant hereby waives any claims against Landlord in shall pay Base Rental for the event Expansion Space, commencing on the Rental Commencement 57 Date for the applicable Expansion Space, at the same rate per square foot of Rentable Floor Area applicable to the remainder of the Demised Premises, escalated annually at the same time and at the same percentages that such Existing Tenant holds over in rate is escalated for the Premises beyond remainder of the Expansion Commencement DateDemised Premises. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with With respect to the Expansion Space, Tenant shall nonetheless still commence be obligated to pay Tenant's Forecast Additional Rental and Tenant's Additional Rental on the same basis as Tenant is obligated to make such payments with respect to the remainder of the Demised Premises. Accordingly, as of the Rental Commencement Date for the applicable Expansion Commencement Date. Following such Existing Tenant surrendering Space, the applicable Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitation, due be added to the Existing Tenant holding over Demised Premises for all purposes in the determining Tenant's Forecast Additional Rental and Tenant's Additional Rental. The Construction Allowance and Additional Allowance shall apply to each such Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such dateSpace; provided, however, that if the Expansion remaining initial Term of this Lease is less than 84 months at the Rental Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Date for such Expansion Space, then such allowances shall commence on be multiplied by a fraction, the numerator of which is the number of whole months remaining in the initial Term of this Lease at the Rental Commencement Date for such Expansion Space, and the denominator of which is 84. The "Rental Commencement DateDate for the applicable Expansion Space" shall mean, unless otherwise agreed to, the earlier to occur of (i) the date upon which Tenant occupies such Expansion Space for the conduct of Tenant's business (for purposes hereof, Tenant shall not be deemed to be occupying such Expansion Space for the conduct of its business merely by moving furniture and equipment into such Expansion Space), or (ii) the date one hundred twenty (120) days after the date of the applicable Expansion Notice [unless the date of such Expansion Notice is prior to December 31, 1999, in which event the date under this item (ii) shall be the Rental Commencement Date for the Demised Premises].
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Expansion. Effective on and as of December 1, 2017 (such date being the -Expansion Commencement Date”Fourth Expansion Effective Date as hereinafter defined), the Premises shall be expanded to include an additional 7,389 Premises, as defined in the Lease, is increased from 17,513 rentable square feet of on the fourth (4th) floor to 28,805 rentable area designated as Suite 100 square feet on the fourth (4th) and fifth (5th) floors by the addition of the Building (the “Fourth Expansion Space”), being more fully shown and described on from and after the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Fourth Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Effective Date, the Original Premises and the Fourth Expansion Commencement Space, collectively, shall be deemed the Premises, as defined in the Lease. The lease term for the Fourth Expansion Space shall commence on the Fourth Expansion Effective Date and end on the Extended Termination Date. Tenant's occupancy of the Fourth Expansion Space and Tenant's occupancy of the Original Premises during the Extended Term are subject to all the terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, and Xxxxxx’s obligation to commence paying rent abatements or other financial concessions or economic incentives previously granted with respect to the Original Premises unless such concessions are expressly provided for herein.
A. The Fourth Expansion SpaceEffective Date shall be the day that is sixty (60) days after mutual execution of this Amendment by Landlord and Tenant (sixty [60] days after mutual execution of this Amendment by Landlord and Tenant is currently estimated to be June 15, 1998, which is referred to herein as the "Target Fourth Expansion Effective Date").
B. The Fourth Expansion Effective Date shall nonetheless still commence on be delayed only as to such portion thereof not already occupied by Tenant to the Expansion Commencement Date. Following such Existing Tenant surrendering extent that Landlord fails to deliver possession of the Fourth Expansion Space to Landlordfor any reason, Landlord shall thereafter deliver the same to Tenantincluding but not limited to, holding over by prior occupants. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any Any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Fourth Expansion Space to Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease), then this First Amendment Effective Date shall not be void or voidable, nor shall subject Landlord be liable to Tenant any liability for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy If the Fourth Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, howeverEffective Date is delayed, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, Extended Termination Date (as hereinafter defined) shall commence on the Expansion Commencement Datenot be similarly extended.
Appears in 1 contract
Expansion. Effective on and as Lessee understands that Lessor does not control the adjacent space in the Building. However, if the adjacent space in the Building becomes available to Lessor for lease during the term of December 1, 2017 (such date being the -Expansion Commencement Date”), this Lease while Lessee is in possession of the Premises and no default by Lessee hereunder remains uncured, Lessor will give written notice to Lessee of the availability of the adjacent space for lease and Lessor's asking rent and general lease terms, before Lessor places the adjacent space on the market for lease. The "adjacent space in the Building" means the space currently subleased to Acteron. Lessee shall have ten (10) days after receipt of written notice from Lessor specifying the rent and the other economic terms requested for the adjacent space in which to notify Lessor in writing of its agreement to lease such space. The expiration date of the new lease for the adjacent space shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 of the Building (the “Expansion Space”), being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the expiration date of this Lease. For example, if the space becomes available during the original term of this Lease, Lessor agrees to lease the adjacent space to Lessee for the unexpired term of this Lease Termand to give Lessee a five (5) year extension option on the new space. Tenant acknowledges that The new space will be offered to Lessee on substantially the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) same terms as this Lease, except for any terms relating to Base Rent and that Landlord and such Existing Tenant are concurrently herewith entering Lessor shall not be required to make any Lessee improvements. The parties agree to promptly enter into an early termination amendment to this Lease for the adjacent space following Lessee's notice to Lessor of its agreement to terminate lease such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Datespace. If Lessee fails to timely exercise such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation right of first offer or if Lessee fails to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare execute and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it Lessor said amendment to Landlord this Lease within ten (10) business days after its receipt from Landlorddelivery thereof by Lessor to Lessee, Lessee shall xxxx no right to lease such adjacent space. Failure of Landlord to send any such certificate Lessee's rights under this Paragraph 53 shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitation, due be subject to the Existing Tenant holding over in the Expansion Space past the expiration existing extension rights of its lease)Acteron Corporation and Quantic, then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Dateexisting tenants.*
Appears in 1 contract
Samples: Standard Industrial/Commercial Multi Tenant Lease (Releasenow Com Corp)
Expansion. Effective on and as of December 1, 2017 (such date being A. Tenant has the -Expansion Commencement Date”), right to expand the Premises shall be expanded to include an additional 7,389 approximately 14,437 rentable square feet of rentable area designated as Suite 100 on the second floor of the Building (the “Expansion SpaceArea”) that is currently occupied by EURO RSCG Direct Response, LLC (“EURO”). Landlord has been advised EURO intends to vacate the Expansion Area on or about December 31, being more 2012. Landlord will notify Tenant immediately upon Landlord’s knowledge of the specific date that EURO will vacate the Expansion Area. Tenant acknowledges EURO is vacating the Expansion Area specifically to accommodate Tenant’s proposed expansion. Landlord and Tenant shall equally divide EURO’s relocation expenses, however, in no event shall Landlord’s share of such relocation expenses exceed Fifty Thousand Dollars ($50,000.00). Landlord shall pay EURO’s total relocation expenses and Tenant shall reimburse Landlord for Tenant’s share, plus any amount over $100,000.00, within thirty (30) business days of Landlord’s invoice.
B. Landlord shall provide Tenant with a Tenant Improvement Reimbursement Allowance equal to Six Dollars per square foot, per year ($6.00/RSF/YR) of the Term for the Expansion Area. Tenant may also use up to all of the Space Planning Allowance amount for the Expansion Area.
C. The Term for the Expansion Area and Landlord’s obligation to provide the allowance stated in Section 6 (B) above shall commence sixty (60) days following Landlord’s delivery (but not earlier than March 1, 2013) and Tenant’s possession of the Expansion Area and shall be at the same per-square-foot rate as the Base Rent in effect for the Premises as it existed prior to the addition of the Expansion Area. Landlord’s delivery will be deemed to have occurred after (i) EURO has fully shown vacated the Expansion Area, (ii) Landlord has cleaned and described on prepared the floor plan attached hereto Expansion Area for Tenant’s possession and (iii) notified Tenant that the Expansion Area is available to Tenant.
D. Tenant may, at Tenant’s sole cost and expense, subject to the prior written approval of the design and placement by Landlord, install an interior stairway connecting the second and third floors of the Building. The provisions of Section 7 of the Lease shall govern Tenant’s installation of any interior stairway. Tenant shall not be required to remove the stairway upon expiration of the Lease.
E. In the event Tenant takes the Expansion Space, Tenant shall receive a proportionate increase in the number of parking spaces provided to Tenant as Exhibit A defined in the Lease.
F. Upon Landlord’s delivery of the Expansion Area to Tenant, Landlord and Tenant shall execute an amendment to the Lease to include the Expansion Area as part of the Premises and appropriate adjustments shall be made a part hereof for all purposesto the Lease in connection with the increase in square footage of the Premises. All terms and conditions of the Lease shall apply to the Expansion Area, for a term that is coterminous with including, but not limited to the duration of the Lease Term. Tenant acknowledges that .
G. Tenant’s right to the Expansion Space is currently occupied by an existing tenant (subject to and contingent upon EURO surrendering and vacating the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017same in a timely manner. Tenant hereby waives any claims against Landlord in In the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation EURO fails to commence paying rent with respect to surrender or vacate the Expansion Space, Landlord shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering have no obligation to deliver the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver Second Amendment to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Date.Lease Jive Software
Appears in 1 contract
Expansion. Effective on Paragraph 1 of Section 8.13A of Addendum No. 2 attached to the Lease is hereby deleted in its entirety and as of December 1, 2017 replaced with the following:
(such date being the -Expansion Commencement Date”), the Premises shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 of the Building a) The plans and specifications (the “Expansion SpacePlans and Specifications”), being more fully shown and described on ) for the floor plan Additional Improvements are attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied as Exhibit B. The Plans and Specifications detail certain work to be completed by an existing tenant Landlord (the “Existing TenantLandlord’s Work”) and that certain work to be completed by Tenant (“Tenant’s Work”). Promptly following the execution hereof, Landlord shall commence Landlord’s Work and diligently pursue the same to completion. Landlord’s Work shall be completed at the sole cost and expense of Landlord, except for any change orders requested by Tenant as provided below. Landlord shall request its contractor to take all reasonable precautions to avoid any material interference with Tenant’s operations at the Demised Premises.
(b) Upon completion of the construction of Landlord’s Work, Landlord shall assign to Tenant any warranties or guarantees which Landlord received with respect to Landlord’s Work, and Tenant shall look solely to such warranties or guarantees if there are any defects in Landlord’s Work. Upon completion of Tenant’s Work, Tenant shall assign to Landlord all warranties or guarantees which Tenant received with respect to Tenant’s Work. The foregoing assignments shall be partial assignments and shall not preclude Landlord and Tenant from continuing to enforce such Existing Tenant are concurrently herewith entering into an early termination agreement warranties or guaranties in their own name with respect to terminate such Existing Landlord’s Work and Tenant’s lease as of November 30Work, 2017. respectively.
(c) Tenant hereby waives shall be solely responsible for the cost and expense to complete Tenant’s Work, and Tenant shall indemnify and hold Landlord harmless from any claims and all liabilities, liens, claims, damages or obligations (including reasonable attorneys’ fees) which are incurred by or asserted against Landlord as a result of or in connection with Tenant’s Work. In no event shall any delay in the event that such Existing Tenant holds over completion of Tenant’s Work result in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over a delay in the Expansion Space beyond the Expansion Commencement Date, as defined below. Landlord shall indemnify and hold Tenant harmless from any and all liabilities, liens, claims, damages or obligations (including reasonable attorneys’ fees) which are incurred by or asserted against Tenant as a result of or in connection with Landlord’s Work.
(d) The commencement date of this Lease for the Additional Improvements (the “Expansion Commencement Date”) shall be upon the substantial completion of Landlord’s Work. Upon substantial completion of Landlord’s Work, Landlord and Tenant shall jointly prepare a punch list of defective or uncompleted items and Landlord shall diligently pursue completion of the punch list. Landlord shall use all reasonable efforts to substantially complete Landlord’s Work by July 31, 1996; subject to force majeure and delays caused by Tenant; provided, however, that Tenant’s sole remedy for failure to substantially complete Landlord’s Work by July 31, 1996 shall be to extend the Expansion Commencement Date until Landlord’s Work is substantially complete. From and after the Expansion Commencement Date, and Xxxxxx’s obligation Tenant shall be obligated to commence paying rent pay Basic Rent for the Additional Improvements in accordance with respect the schedule set forth below, all references in the Lease to the Expansion Space, “Building” shall nonetheless still commence specifically include the Additional Improvements and Tenant’s use and occupancy of the Additional Improvements shall be on the same terms and conditions as provided for in the Lease. All references in the Lease to the “Improvements” following the Expansion Commencement Date. Following such Existing Date shall be deemed to include the Additional Improvements.
(e) If Tenant surrendering the Expansion Space desires any changes to Landlord’s Work (a “Change Order”), Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge be solely responsible for any increased costs associated with the Change Order, together with a fee equal to ten percent (10%) of the increased cost (collectively, the “Change Order Cost”) represented by executing a copy and returning it to the Change Order. Tenant shall pay Landlord the Change Order Cost within ten (10) business days after its receipt from Landlordfollowing written demand therefor and failure to do so shall constitute a monetary default under the Lease. Failure of Landlord to send If any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any Change Order causes a delay in the delivery substantial completion of the Expansion Space to Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, howeverLandlord’s Work, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, Date shall commence occur on the date that Landlord’s Work would have been substantially completed but for the Change Order in question.
(f) The Basic Rent for the Additional Improvements shall be as follows: Expansion Commencement DateDate - July 31, 1996 $ 124,750.00 $ 10,395.83 August 1, 1996 - July 31, 1997 127,245.00 10,603.75 August 1, 1997 - July 31, 1998 135,977.50 11,331.46 August 1, 1998 - July 31, 1999 139,969.50 11,664.13 August 1, 1999 - July 31, 2000 139,969.50 11,664.13 August 1, 2000 - July 31, 2001 146,955.50 12,246.29 August 1, 2001 - July 31, 2002 151,446.50 12,620.54 August 1, 2002 - July 31, 2003 155,937.50 12,994.79 August 1, 2003 - July 31, 2004 159,929.50 13,327.46 August 1, 2004 - July 31, 2005 165,418.50 13,784.88 August 1, 2005 - July 31, 2006 170,408.50 14,200.71 August 1, 2006 - July 31, 2007 175,398.50 14,616.54 August 1, 2007 - July 31, 2008 180,638.00 15,053.17 August 1, 2008 - July 31, 2009 186,127.00 15,510.58 August 1, 2009 - July 31, 2010 191,865.50 15,988.79 (g) The Basic Rent for the Additional Improvements shall be the amount set forth in the above table, regardless of the actual gross leasable area of the Additional Improvements.
Appears in 1 contract
Samples: Lease (Gc Net Lease Reit, Inc.)
Expansion. Effective (a) Commencing upon the Building One Expansion Premises Delivery Date the Sublandlord hereby sublease and demises to Subtenant and the Subtenant hereby subleases and accepts from Sublandlord, on the terms and conditions set forth herein, the Building One Expansion Premises.
(b) Sublandlord shall deliver possession of that portion of the Building One Expansion Premises to Subtenant where the Sublandlord tenders vacant possession of the Building One Expansion Premises to Subtenant in accordance with the condition required by this Second Amendment. If the Building One Expansion Premises Delivery Date shall not have occurred within sixty (60) days following the anticipated Building One Expansion Premises Delivery Date for the Building One Expansion Premises (the “Building One Premises Delivery Deadline”), then Subtenant shall have the right, but not the obligation, in its sole and absolute discretion to immediately terminate this Second Amendment as of December 1it relates to such undelivered Building One Expansion Premises by providing written notice thereof to the Sublandlord within five (5) days following the Building One Premises Delivery Deadline. If this Second Amendment is terminated in accordance with this Section, 2017 then any Base Rent for the Building One Expansion Premises together with any other consideration previously delivered to Sublandlord by Subtenant related to the Building One Expansion Premises shall be promptly refunded to Subtenant by Sublandlord and Subtenant shall be fully released from any further obligations and liabilities under this Second Amendment.
(such date being c) Prior to the -Expansion Commencement actual Building One Expansion Premises Delivery Date, commencing on the day Master Landlord Consent to this Second Amendment has been received (the “Building One Expansion Premises Early Access Date”), the Premises shall be expanded Sublandlord agrees where such space is vacant to include an additional 7,389 square feet of rentable area designated as Suite 100 of provide Subtenant, its employees, agents, consultants and contractors with unrestricted early access and early entry to the Building One Expansion Premises at no cost to Subtenant (the “Expansion Space”), being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing TenantEarly Access”) in order that Subtenant may perform due diligence, design and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord planning activities in the event that such Existing Tenant holds over in the Premises beyond the Building One Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement DatePremises, the Expansion Commencement Dateincluding installation of furniture, trade fixtures and equipment and telephone and data communications systems and cabling, and Xxxxxxotherwise prepare the Building One Expansion Premises for occupancy by Subtenant and the operation of Subtenant’s obligation to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Datetherein.
Appears in 1 contract
Samples: Sublease (Ariba Inc)
Expansion. Effective Provided that Tenant is not in default under the terms of this Lease after all applicable cure periods, at the time it gives notice of the proposed expansion date and at the expansion date, and provided Tenant is not in default beyond the applicable cure period on more than one occasion between the notice and as of December 1expansion date, 2017 (such date being Tenant shall have the -Expansion Commencement Date”), option to expand the Demised Premises shall be expanded to include into an additional 7,389 10,000 square feet of rentable area designated as Suite 100 Tenant's Rentable Area effective not later than the last day of the sixtieth (60th) month after the Rent Commencement Date ("Expansion Addition"). The Expansion Addition shall be located adjacent to the eastern portion of the Building (the “which is denominated on Exhibit "F" as "Expansion Space”), being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease TermArea". Tenant acknowledges that shall provide Landlord not less than nine (9) months prior written notice of its exercise of the right to expand and coincidentally therewith, its waiver of its right to contract within five years of the expansion pursuant to Paragraph 1(b) above. Landlord shall not construct the Expansion Space is currently occupied Addition unless requested by an existing tenant (the “Existing Tenant pursuant to this Paragraph 1(c). Landlord shall provide Tenant $3.50 per square foot of new Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over 's Rentable Area in the Expansion Space beyond Addition per Lease Year remaining in the Initial Term (prorated from the date Base Rent accrues on the Expansion Commencement Date, Addition through the end of the Initial Term) as an allowance ("Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect Allowance") for tenant improvements to the Expansion Space, shall nonetheless still commence on the Addition ("Expansion Commencement DateTenant Improvements"). Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery The construction of the Expansion Space to Tenant (including, without limitation, due Addition shall be of comparable kind and quality to the Existing Tenant holding over in original Building shell prior to inclusion of the Expansion Space past Tenant Improvements. Landlord and Tenant shall approve the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant plans for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, Addition and Landlord hereby consents to Expansion Tenant permitting Existing Tenant to remain Improvements. To the extent the cost of the Expansion Space through such date; provided, howeverTenant Improvements exceed the Expansion Allowance, the Expansion Commencement Date, costs thereof shall be repaid as negotiated by Landlord and Tenant’s obligation to commence paying rent . Rent for the Expansion Addition shall be at the same Base Rent as for the Building and the term shall coincide with respect the "Initial Term" as hereinafter defined and all other terms of this Lease shall apply to the Expansion SpaceAddition, including the option for Extended Terms. The parties shall commence on execute an amendment to this Lease reflecting the addition of the Expansion Commencement DateAddition.
Appears in 1 contract
Expansion. Effective on and as of December July 1, 2017 2025 (such date being the -Expansion Commencement “Target Expansion Effective Date”), the combined Existing Premises and the Expansion Space, shall be expanded to include an additional 7,389 square feet of rentable area designated deemed the “Premises”, as Suite 100 of defined in the Building Amended Lease (the “Expansion Space”), being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that date upon which the Expansion Space is currently occupied so added to the “Premises” is referred to herein as the “Expansion Effective Date”). Tenant’s leasing of the Expansion Space shall commence on the Expansion Effective Date and end on the Extended Term Expiration Date (as hereinafter defined); provided, however, if Landlord, for any reason whatsoever, cannot deliver possession of the Expansion Space to Tenant in the condition required hereunder (i.e., broom clean and free of Landlord’s or any prior occupant’s property) by an existing tenant the Target Expansion Effective Date, this Eleventh Amendment will not be void or voidable and Landlord will not be liable to Tenant for any resulting loss or damage, but (a) the “Premises” will not be deemed to include the Expansion Space, and the Expansion Effective Date will not be deemed to occur, until Landlord delivers the Expansion Space to Tenant in the condition required hereunder and (b) if for any reason other than due to the acts or omissions of Tenant Landlord fails to deliver the Expansion Space to Tenant in the condition required hereunder by August 1, 2025 (the “Existing TenantOutside Expansion Space Delivery Date”) and that Landlord and such Existing ), then Tenant are concurrently herewith entering into an early termination agreement will be entitled to terminate such Existing Tenant’s lease as a day-for-day abatement of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in Base Rent payable for the Expansion Space beyond for each day after the Outside Expansion Space Delivery Date that Landlord fails to so deliver possession of the Expansion Commencement Date, Space to Tenant; said abatement to be applied immediately following the Expansion Commencement DateSpace free rent period described in Section 4(b) below. Tenant’s leasing of the Expansion Space shall be subject to all the terms and conditions of the Amended Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, and Xxxxxx’s obligation abatements or other financial concessions granted with respect to commence paying rent the Existing Premises unless such concessions are expressly provided for herein with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Date.
Appears in 1 contract
Samples: Office Lease (Airbnb, Inc.)
Expansion. Effective (a) Landlord shall use commercially reasonable efforts to deliver the Option B Expansion Premises to Tenant broom clean, free and clear of tenants or other occupants, in a structurally sound condition and otherwise "as-is" (the "Delivery Condition") on and as of December September 1, 2017 2018 (except for the Intrinsiq Space for which Landlord shall use commercially reasonable efforts to deliver such date being space to Tenant on October 1, 2018) (as applicable, the -Expansion "Estimated Expansion B Delivery Date"). The "Option B Expansion Premises Commencement Date”)" shall be the later of (i) October 1, 2018 and (ii) the date that the Option B Expansion Premises (or portion thereof) is delivered to Tenant in the Delivery Condition; provided that, in the event Tenant does not occupy any portion of the Option B Expansion Premises until all of the Option B Expansion Premises has been delivered to Tenant, then the Option B Expansion Premises Commencement Date shall be the later of (a) October 1, 2018 and (b) the date on which all of the Option B Expansion Premises has been delivered to Tenant. On the Option B Expansion Premises Commencement Date the "Premises" shall be deemed to be expanded to include an additional 7,389 square feet such space, subject to the terms of rentable area designated as Suite 100 this First Amendment. If Landlord fails to deliver any portion of the Building Option B Expansion Premises by the date that is ninety (90) days after the “Estimated Expansion B Delivery Date for occupied space (Intrinsiq Space and Additional Expansion Space”) and sixty (60) days after the Estimated Expansion B Delivery Date for unoccupied space (Vacant Space), being more fully shown and described on the floor plan attached hereto as Exhibit A and made in each case other than for Force Majeure, then Tenant shall receive a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant rent credit of one (the “Existing Tenant”1) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as day of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent Base Rent with respect to the applicable portion of the Option B Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space Premises for each day during which Landlord so failed to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the respective portion of the Option B Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay Premises in the Delivery Condition beyond such sixty (60) or ninety (90) day period, as applicable. If Landlord fails to deliver the Intrinsiq Space and/or the Vacant Space by February 28, 2019 or the Additional Expansion Space by May 31, 2019, for any reason, including, but not limited to, the holding over of any prior tenant, then Tenant may, as its sole remedy, at any time after such respective dates and prior to Landlord's actual delivery of the respective portion(s) of the Option B Expansion Space to Tenant Premises, cancel (including, without limitation, due to a) the Existing Tenant holding over in the Expansion Space past the expiration exercise of its lease), then option to lease the entire Option B Expansion Premises and (b) this First Amendment shall not be void or voidable, nor shall by giving to Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such datea written cancellation notice; provided, however, if Landlord delivers the respective portion(s) of the Option B Expansion Commencement DatePremises to Tenant on or before the date that is thirty (30) days after Landlord receives such cancellation notice, such cancellation notice shall be void and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Datewithout further force or effect.
Appears in 1 contract
Samples: Lease (Everbridge, Inc.)
Expansion. Effective on Provided no Events of Default are uncured and as continuing after applicable notice and cure periods and that Tenant satisfies the Financial Condition at the time of December 1its election hereunder, 2017 (such date being Tenant shall have the -Expansion Commencement Date”)right to cause Landlord to expand the Building, add additional building(s) to the Premises shall be expanded Leased Land and/or add parking spaces to include an additional 7,389 square feet of rentable area designated as Suite 100 of the Premises. Landlord hereby agrees to not develop the Land in any manner that would prevent or materially limit Tenant’s ability to expand the Building (the “Expansion Space”), being more fully shown and described or build additional buildings or improvements on the floor plan attached hereto as Exhibit A Leased Land. At Tenant’s request, Landlord shall cooperate in good faith with Tenant to accommodate any expansion needs that Tenant may have and made a part hereof for all purposesto develop plans to expand the Building, for a term that is coterminous with add additional building(s) to the Lease Term. Tenant acknowledges Leased Land and/or add parking spaces to the Premises, provided that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that parties can reasonably agree upon terms for expansion including a reasonable lease constant to provide a return to Landlord and such Existing Tenant are concurrently herewith entering into an early termination on its additional investment. Any agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to expansion space shall be on economic terms that are materially consistent with this Lease, with adjustments, as necessary, to take into account, among other things; (a) changes in the Expansion Spacelending environment, (b) prevailing interest rates, (c) changes in Tenant’s creditworthiness, (d) the nature of the new space as compared to the nature of the space pursuant to the original Lease (e.g. portion of the Premises designated as office space and lab space), and (e) the relative cost of the construction of such expansion space. All of the foregoing shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space be at Tenant’s cost and expense and at no cost or expense to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver Any right of expansion is personal to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it its permitted assignees and cannot be assigned to Landlord within ten any other person notwithstanding any assignment of this Lease.
(101) business days after its receipt from Landlord. Failure of Landlord to send any such certificate Capitalized terms used herein but not defined herein shall have no effect on the Expansion Commencement Date. In the event there is any delay meanings ascribed such terms in the delivery of the Expansion Space Lease, to Tenant (including, without limitation, due which reference should be made. Article and Section references herein are to the Existing Tenant holding over in the Expansion Space past the expiration of its leaseLease. LEASE PROVISION REGARDING RIGHT OF FIRST REFUSAL(2), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Date.
Appears in 1 contract
Samples: Lease Agreement (Incyte Corp)
Expansion. Effective on In addition to Tenant’s expansion right in Section 7 of the Fourth Amendment, Tenant shall have the following expansion right:
(a) Subject to existing tenant rights, and as provided Tenant is neither in default at the time of December 1exercise nor has Tenant ever incurred an Event of Default (irrespective of the fact that Tenant cured such Event of Default) of any monetary obligations under the Lease and subject to the existing rights of other tenants within the Building, 2017 upon Tenant’s written request; and, further provided, that Tenant first-above named (such date being or its successors by merger, acquisition of Tenant’s assets, or consolidation) shall remain in occupancy of not less than one hundred percent (100%) of the -Expansion Commencement Date”)Premises, Landlord shall notify Tenant with regard to that certain 3,909 rentable square foot space in the Premises shall be expanded to include an additional 7,389 square feet of rentable area designated Building commonly known as Suite 100 of the Building E110 (the “Expansion Space”)) as shown on Exhibit “C”, being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof incorporated herein, that is or Landlord expects to become vacant and available for all purposes, lease.
(b) In such notice Landlord shall propose to Tenant the basic economic terms upon which Landlord would be prepared to entertain the negotiation of an amendment to the Lease with which the parties would add the Expansion Space to the description of the “Premises,” in either case for a term that is which would be coterminous with the Lease Term. Tenant acknowledges and which economic terms shall include the estimated date that the Expansion Space shall be available for delivery and the Fixed Rent (which shall be the Fair Market Rent (as defined below) for such space), whereupon Tenant shall have thirty (30) days next following Landlord’s delivery of such notice within which to accept such terms, time being of the essence. Should Tenant accept such terms as are specified by Landlord, the parties shall negotiate the terms of an amendment to the Lease, to memorialize their agreement. In the absence of any further agreement by the parties, such additional space shall be delivered “AS -IS”, in a good neat, orderly and broom-clean condition, with all personal property and other tenants and occupants removed from such Expansion Space, and Rent for such additional space shall commence on that date which is currently occupied by an existing tenant the earlier of: (the “Existing Tenant”i) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as occupancy thereof, or (ii) five (5) days after Landlord delivers such additional space to Tenant free of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Dateother tenants and occupants. If Tenant shall not accept Landlord’s terms within such Existing thirty (30) day period, or if the parties shall not have executed and delivered a mutually satisfactory lease amendment within thirty (30) days next following Landlord’s original notice under this Section, then Tenant’s rights to lease such space shall lapse and terminate, and Landlord may, at its discretion, lease such space on such terms and conditions as Landlord shall determine. Tenant’s rights hereunder shall not include the right to lease less than all of the space identified in Landlord’s notice.
(c) Nothing contained in this Section is intended nor may anything herein be relied upon by Tenant holds over in as a representation by Landlord as to the availability of the Expansion Space beyond within the Expansion Commencement DateBuilding at any time. Tenant’s rights hereunder shall continue throughout the Term (or any extension of the Term) until the final three (3) years of the Term.
(d) For purposes of the Lease, “Fair Market Rent” shall mean the Expansion Commencement Datefixed rent, for comparable space, as established by Landlord or as mutually agreed by Landlord and XxxxxxTenant after Landlord’s obligation receipt of Tenant’s notice of intent to commence paying rent with respect renew. Landlord shall notify Tenant of the applicable Fair Market Rent as determined by Landlord within fifteen (15) days after receipt of Tenant’s notice of intent to renew. In determining the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to LandlordFair Market Rent, Landlord shall thereafter deliver take into account applicable measurement and the same loss factors, applicable lengths of lease term, differences in size of the space demised, the location of the Building and comparable buildings, amenities in the Building and comparable buildings, the ages of the Building and comparable buildings, differences in base years or stop amounts for Recognized Expenses and tax escalations and other factors normally taken into account in determining Fair Market Rent. The Fair Market Rent shall reflect the level of improvement to be made by Landlord to the space and the Recognized Expenses under the Lease. If Landlord and Tenant cannot agree on the Fair Market Rent within fifteen days of Tenant. Upon ’s receipt of Landlord’s determination, the Expansion Commencement DateFair Market Rent shall be established by the following procedure: (i) Tenant and Landlord, Landlord may prepare acting reasonably and deliver to Tenant in good faith, shall agree on a certificate establishing the Expansion Commencement Date, which Tenant single MAI certified appraiser who shall acknowledge by executing have a copy and returning it to Landlord within minimum of ten (10) business years’ experience in real estate leasing in the market in which the Premises is located; (ii) Landlord and Tenant shall each notify the other (but not the appraiser), of its determination of such Fair Market Rent and the reasons therefor; (iii) during the next seven (7) days after its receipt from Landlord. Failure both Landlord and Tenant shall prepare a written critique of Landlord the other’s determination and shall deliver it to send any such certificate shall have no effect the other party; and (iv) on the Expansion Commencement Date. In the event there is any delay in the tenth (10th) day following delivery of the Expansion Space critiques to Tenant each other, Landlord’s and Tenant’s determinations and critiques (including, without limitation, due as originally submitted to the Existing Tenant holding over in other party, with no modifications whatsoever) shall be submitted to the Expansion Space past appraiser, who shall decide whether Landlord’s or Tenant’s determination of Fair Market Rent is more correct. The determinations so chosen shall be the expiration of its lease), then this First Amendment Fair Market Rent. The appraiser shall not be void empowered to choose any number other than the Landlord’s or voidable, nor Tenant’s. The fees of the appraiser shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy paid by the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Datenon-prevailing party.
Appears in 1 contract
Samples: Lease (Qlik Technologies Inc)
Expansion. Effective Subject to the terms and conditions set forth in this Article, Landlord hereby grants to Tenant the right ("Tenant's Right") to be offered by Landlord during the period commencing on the date of this Lease and as expiring upon the earlier of December 1, 2017 any termination of this Lease or the date six (such date being 6) months prior to the -Expansion Commencement Date”), the Premises shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 expiration of the Building Initial Term ("Tenant's Right Period") the “Expansion Space”)opportunity to lease that approximate 6,844 rentable square foot sixth-floor space contiguous to the Premises, being as more fully shown and described particularly depicted on the floor plan attached hereto as Exhibit A "A", and made a part hereof for all purposesherein referred to, for a term that as "Tenant's Right Space". If, at any time during Tenant's Right Period while Tenant's Right is coterminous with the Lease Term. in effect and so long as Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that not in default hereunder, Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as another person or entity execute a letter of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent intent with respect to the Expansion Spaceleasing of all or any portion of Tenant's Right Space (as it may be designated by Landlord pursuant to the foregoing within a reasonable period of time after Landlord's receipt of such letter of intent, in which event such designation shall nonetheless still commence be deemed effective on the Expansion Commencement Date. Following day prior to such Existing Tenant surrendering the Expansion Space to receipt by Landlord), then Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver furnish to Tenant a certificate establishing copy of such executed letter of intent and a written notice (collectively, such letter of intent and written notice are herein referred to as "Landlord's Notice of Availability") of the Expansion Commencement Dateavailability of the entire space described therein (the "Available Space"), which notice shall specify the Applicable Terms. As used in this Article, "Applicable Terms" means the terms and conditions set forth in such letter of intent, except that the term of Tenant's lease of such Available Space shall be the longer of the term set forth in such letter of intent or the remaining Term. If Landlord gives Landlord's Notice of Availability to Tenant, then Tenant shall acknowledge by executing a copy and returning it give written notice to Landlord so that Landlord actually receives such written notice before 5:00 p.m., Atlanta, Georgia time, on the fifth (5th) business day after Tenant's receipt of Landlord's Notice of Availability ("Tenant's Notice Deadline") as to whether Tenant desires to offer to lease the entirety of the Available Space on the Applicable Terms. If Landlord receives prior to Tenant's Notice Deadline Tenant's written notice that Tenant does not desire to lease the entirety of the Available Space on the Applicable Terms, or if Landlord does notreceive prior to Tenant's Notice Deadline Tenant's written notice that Tenant desires to lease the entirety of the Available Space on the Applicable Terms, then, in either of such instances, Landlord's obligations under this Article shall automatically terminate and be of no further force or effect with respect to such Available Space. If Landlord receives prior to Tenant's Notice Deadline Tenant's written notice that Tenant desires to lease the entirety of the Available Space on the Applicable Terms, then Landlord shall cause to be given to Tenant a written amendment to this Lease for the leasing of the Available Space on the Applicable Terms. If Tenant does not within ten five (105) business days after its Tenant's receipt from of such written amendment execute and deliver such written amendment to Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitationmodification thereto, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease)so that Landlord actually receives such executed written amendment within such five-business-day period, then Landlord's obligations under this First Amendment Article shall not automatically terminate and be void of no further force or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent effect with respect to such Available Space. In no event shall Tenant's Right apply to any extension or renewal of the Expansion term of a lease with respect to all or any portion of Tenant's Right Space, shall commence . The purpose of this Article is to provide notice to Tenant so that Tenant may be in a position to offer to lease the applicable space on the Expansion Commencement Datea competitive basis with others.
Appears in 1 contract
Samples: Lease Agreement (Viryanet LTD)
Expansion. Effective Paragraph 41A of the Lease is hereby amended to read in its entirety as follows:
A. Provided that Tenant is not in default under this Lease beyond any applicable notice and cure period at the time of exercise of the option then being exercised, Tenant shall have options to expand the Premises in each of calendar years 2008 and 2011 to include an additional 15,000 to 25,000 rentable square feet (which may be reduced as described below in this Paragraph 41 A) of space in the Building (each such space, an “Expansion Space” and the location in the Building being solely within the Landlord’s discretion so long as the entire square footage of the Expansion Space offered to Tenant constitutes a single block of space on one floor of the Building) for a term beginning on the Expansion Date (as hereinafter defined) and as ending on the Termination Date. No later than twelve (12) months prior to the date in each of December 1, 2017 2008 and 2011 in which Landlord anticipates an Expansion Space will be available for occupancy by Tenant (each such date being the -Expansion Commencement an “Anticipated Expansion Date”), Landlord shall provide Tenant notice thereof, setting forth the Premises shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 size and location of the Building (space covered by the “option and the Anticipated Expansion Date for such Expansion Space”. Notwithstanding the foregoing, if during the twenty (20) month period preceding an Anticipated Expansion Date, Tenant exercises an option or options to acquire space pursuant to its rights under Paragraph 41B of this Lease, the amount of an Expansion Space which Landlord would otherwise be required to offer to Tenant under this Paragraph A may be reduced, at Landlord’s discretion by notice given within thirty (30) days of Tenant’s exercise of its rights under Paragraph 4IB, by the amount of square footage leased by Tenant during that twenty (20) month period pursuant to Tenant’s rights under Xxxxxxxxx 00X, except that once Tenant has delivered Tenant’s Expansion Notice (as hereinafter defined), being more fully shown and described on the floor plan attached hereto amount of square footage of the applicable Expansion Space shall not be subject to reduction as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Termaforesaid. Tenant acknowledges that the may exercise its options hereunder by providing notice of exercise (hereinafter, a “Tenant’s Expansion Space is currently occupied by an existing tenant (the “Existing TenantNotice”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten not later than thirty (1030) business days after its receipt from of Landlord’s notice to Tenant of the availability of the Expansion Space, time being of the essence of Tenant’s rights hereunder. Failure A particular expansion shall be effective (notwithstanding the date of Landlord to send any such certificate shall have no effect anticipated availability) on the date (each, an “Expansion Commencement Date. In the event there is any delay in the delivery of ”) on which Landlord delivers the Expansion Space to Tenant (includingin broom clean condition, without limitationfree of all occupants, due but in no event prior to the Existing Tenant holding over Anticipated Expansion Date and in no event later than the last day of the calendar year in which such Expansion Space past is to have been delivered pursuant hereto (i.e., 2008 or 2011). In the expiration of its lease), then this First Amendment event that Tenant shall not be void or voidable, nor shall Landlord be liable fail timely to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and give Tenant’s obligation Expansion Notice to commence paying rent with respect Landlord as aforesaid, all obligations of Landlord pursuant to the applicable expansion option only shall terminate and be of no further force and effect. In the event that Tenant shall give Tenant’s Expansion Notice to Landlord as aforesaid and does not withdraw such notice pursuant hereto, as of the applicable Expansion Date (except as otherwise provided below):
(i) The Premises shall be deemed to include the applicable Expansion Space, with the result that all references in this Lease to the “Premises” (except for references to such term in this Paragraph) shall commence on for periods from and after the applicable Expansion Commencement Date be and be deemed to be, for all purposes hereunder, references to the Premises, the applicable Expansion Space and any RFO Space (as defined in Paragraph 4IB of this Lease) and Expansion Space previously added to the Premises pursuant to this Paragraph 41. The term for any Expansion Space shall be coterminous with the Term of this Lease for the Premises, as such Term may be extended pursuant to Paragraph 40 of this Lease;
(ii) Base Rent for each Expansion Space shall be the Fair Market Rent. “Fair Market Rent” for purposes of this Paragraph 41 shall mean the rent for Class A office space in the Back Bay area similar in size to the applicable Expansion Space, condition of building and services provided, for a term equal to the term (i.e., concluding December 31, 2014) for the applicable Expansion Space as of the applicable Expansion Date., (i) without taking into account actual improvements (regardless of who paid for such improvements), or the cost of demolition of the space, and (ii) taking into account the Base Year and the magnitude of free rent, if any, buildout allowance, if any, and other market tenant inducements, if any, otherwise included in rents being quoted, and (iii) taking into account the brokerage commissions, if any, to be paid in connection with the expansion and compared to the market commission for a lease for the duration of the term (i.e., concluding December 31, 2014) of the applicable Expansion Space. In this connection, within fifteen (15) days after Tenant has given a Tenant’s Expansion Notice, Landlord shall provide Tenant with its quotation of the “Fair Market Rent” for the applicable Expansion Space as of the applicable Expansion Date. If within thirty (30) days of having received Landlord’s quotation, Tenant shall not have notified Landlord of its objection to Landlord’s quotation and of Tenant’s calculation of Fair Market Rent, the “Fair Market Rent” quoted by Landlord shall be the increase to the Base Rent for that particular Expansion Space. If Tenant so notifies Landlord, the parties shall discuss the matter in good faith for thirty (30) days after Tenant’s notice. If within forty-five (45) days of having received Tenant’s notice the parties have not agreed in writing, then, Landlord and Tenant shall, during a period of
Appears in 1 contract
Expansion. Effective on and as of December 1, 2017 SECTION 36.01. Tenant shall have the one-time option (such date being the -Expansion Commencement Date”)option, the "Expansion Option") to expand the Demised Premises (such expansion, the "Expansion") pursuant to and in accordance with the terms and conditions set forth below:
(A) At the time of the exercise of the Expansion Option, no Event of Default shall then exist under the terms of this Lease and Tenant shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 in possession of the Building Demised Premises pursuant to the terms of this Lease;
(B) Subject to the “Expansion Space”), being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as provisions of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement DateSection 36.03, the Expansion Commencement Date, shall be performed and Xxxxxx’s obligation completed at Tenant's sole cost and expense and Tenant shall pay any and all reasonable costs actually incurred by Landlord and paid to commence paying rent unaffiliated third parties for review and oversight of the construction work and documentation with respect to the Expansion Spaceincluding reasonable legal fees and costs. In addition, Tenant shall nonetheless still commence on be solely responsible for obtaining all permits, licenses and governmental approvals for the Expansion, including, without limitation, any and all zoning permits, variances and building permits (such permits, licenses and approvals, the "Consents"). Landlord will cooperate with Tenant's efforts to obtain Consents at no material cost to Landlord. Landlord makes no representations or warranties with respect to Tenant's ability to obtain any required Consents or Tenant's ability to construct all or any portion of the Expansion. Tenant's inability to obtain any Consents or to construct the Expansion Commencement Date. Following such Existing shall in no way effect this Lease;
(C) Tenant surrendering shall exercise the Expansion Space Option, if at all, on or prior to JULY 31, 2016 by delivering to Landlord written notice of Tenant's intent to expand the Demised Premises, which notice shall be accompanied by (1) preliminary plans and specifications with respect to Expansion (which plans and specifications shall include the materials to be used in connection with the Expansion), (ii) in the event Tenant shall exercise the Expansion Option on or prior to JULY 31, 2006, Tenant's election with respect to the Landlord's Contribution (as defined in Section 36.03 below), (iii) in the event Tenant shall request to have Landlord make the Landlord's Contribution, audited financial statements of Tenant for Tenant's most recently completed fiscal year and certified financial statements for any completed fiscal quarters from and after the most recently completed fiscal year, and (iv) such other information as Landlord may request in its reasonable discretion;
(D) Tenant's preliminary plans and specifications with respect to the Expansion shall be subject to the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord must respond to submissions (i) as to the initial submission, within forty-five (45) days after Tenant's initial submission of a complete set of preliminary plans and specifications; and (ii) thereafter for all submissions within thirty (30) days after any submissions pertaining to any structural work or mechanical or electrical systems and within fifteen (15) days after any other submissions. Notwithstanding any of the foregoing to the contrary, Landlord may (i) withhold such consent in the event Landlord determines, in its reasonable discretion, that the Expansion, as depicted in such plans and specifications, will (a) impair the marketability or value of the Demised Premises, (b) impair the structural integrity or base building systems of the Demised Premises, or (c) violate any applicable law or (ii) delay such consent until Tenant reasonably provides Landlord with any information that Landlord may require with respect to the Expansion pursuant to Paragraph (C) above;
(E) In the event Tenant shall request that Landlord make the Landlord's Contribution under Paragraph (C) above, Landlord shall thereafter deliver review and either approve or reject the financial statements required under Paragraph (C) above within thirty (30) days after receipt of the same. Landlord may reject such financial statements (in which case it shall not be required to pay the Landlord's Contribution,) only if it determines that Tenant's market capitalization, tangible net worth and earnings as depicted in such financial statements are not at least equivalent to Tenant's market capitalization, tangible net worth and earnings as of the date of this Amendment; in the event Landlord rejects the financial statements and thus does not agree to pay the Landlord's Contribution, Tenant may rescind its exercise of the Expansion Option within thirty (30) days after written notification from Landlord of its rejection of Tenant's financial statements and refusal to fund the Landlord's Contribution;
(F) In the event Landlord approves the preliminary plans and specifications submitted in accordance with Paragraph (D) above, Tenant shall, prior to the commencement of the construction of the Expansion, submit to Landlord (i) final, stamped construction drawings and specifications with respect to the Expansion (and from and after the commencement of such construction, Tenant shall submit to Landlord any and all amendments, modifications and/or revisions to such drawings and specifications) for Landlord's approval, which shall not be unreasonably withheld, conditioned or delayed (provided that the same shall be substantially similar to the previously approved preliminary plans and specifications) and (ii) any building permits required for the Expansion. In addition, upon the commencement of Tenant. Upon 's construction of the Expansion, Tenant shall work diligently to complete the Expansion Commencement Date(a) in accordance with the approved drawings, Landlord may prepare plans and deliver specifications, (b) in accordance with any and all applicable laws, and (c) in a lien free, good and workmanlike manner within two hundred and seventy days (270) after receipt of the building permit, subject to Tenant extension as a certificate establishing the Expansion Commencement Date, which result of any Force Majeure. Tenant shall acknowledge by executing a copy and returning it reasonably document to Landlord within ten (10) business days after the occurrence of any Force Majeure event, the nature of the event, its receipt anticipated impact on the construction schedule and Tenant's plan to mitigate such delay. All work with respect to the Expansion shall be performed by licensed and insured contractors. Landlord hereby reserves the right, to be exercised in its reasonable discretion, to approve the general contractor and any subcontractors performing structural or mechanical work in connection with the Expansion;
(G) Landlord shall have the right to inspect the progress of any and all work with respect to the Expansion;
(H) The Expansion shall be deemed completed on the date (the "Expansion Completion Date") on which Tenant shall deliver to Landlord (i) a final certificate of occupancy for the Demised Premises comprising the Expansion (the "Expansion Premises") from the applicable governmental authority and (ii) a certificate from Tenant's licensed architect indicating that the Expansion Premises have been built in accordance with the construction drawings and specifications for the Expansion Premises previously submitted to and approved by Landlord. Failure of Landlord to send Without limiting any such certificate shall have no effect on other provisions set forth herein, from and after the Expansion Commencement Date. In Completion Date the event there is term the "Demised Premises" shall be deemed to include the Expansion Premises, provided that, notwithstanding any delay of the provisions of the Lease to the contrary (a) Landlord shall not be obligated to maintain any insurance with respect to the Expansion Premises except to the same extent Landlord insures the Demised Premises now (but with an increase in value to reflect the delivery addition of the Expansion Space Premises) and Tenant shall be obligated to Tenant (including, without limitation, due insure the Expansion Premises to the Existing same extent Tenant holding over in is obligated to insure the Expansion Space past the expiration of its lease)Demised Premises now, then this First Amendment (b) Landlord shall not be void obligated to maintain, or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy repair the Expansion Space through December 15, 2017Premises but in the event of a casualty it shall restore the Expansion Premises to the same extent Landlord restores the Demised Premises now, and Landlord hereby consents (c) Tenant shall not be permitted to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying (1) xxxxx or offset rent with respect to the Expansion SpacePremises except to the extent that any loss of rent is actually covered by rental income insurance maintained by Landlord for the Demised Premises (or to the extent the rental loss would have been covered had Landlord carried the rental loss insurance required under Section 8.02 of the Lease) or (2) terminate this Lease due to any casualty or condemnation affecting only the Expansion Premises regardless of whether such right shall exist with respect to the balance of the Demised Premises; however, in the event Tenant validly terminates the Lease for the balance of the Demised Premises pursuant to the terms of the Lease, Tenant shall also be required to terminate the Lease with regards to the Expansion Premises;
(I) During any period of construction hereunder, Tenant shall maintain Builder's All-Risk Insurance in form and substance acceptable to Landlord in its reasonable discretion, which insurance shall be in an amount equal to the full replacement cost of the Expansion Premises; and
(J) Within thirty (30) days of the Expansion Completion Date, (i) Tenant shall provide Landlord with (a) final lien waivers and affidavits from all materialmen, mechanics, suppliers, subcontractors, contractors or other parties providing labor or materials in connection with the Expansion, evidencing that such party has been paid in full with respect to any work it may have performed with respect to the Expansion and (b) a release of any existing mechanic's (or similar) liens against the Expansion Premises with respect to work done or materials provided in connection with the Expansion, which release shall be evidenced by the removal of any exceptions to Landlord's title policy relating to such liens and (ii) the parties shall execute an amendment to this Lease setting forth (a) the total square footage of the Demised Premises (to be determined in accordance with BOMA standards) and (b) the revised Basic Rent (to be determined in accordance with (1) Section 36.02 or Section 36.03 hereof, as applicable).
SECTION 36.02. In the event Tenant exercises the Expansion Option, the annual Term Basic Rent due hereunder shall increase on the earlier to occur of (i) the date which is two hundred and seventy(270) days after Tenant shall receive a building permit with respect to the Expansion Premises or (ii) the Expansion Completion Date (such earlier date, the "Section 36.02 Rent Commencement Date"), by an amount equal to the product of $5.50 times the total rentable square footage area of the Expansion Premises, which total rentable square footage area shall be determined by Landlord based on (a) the actual size of the completed Expansion Premises, if and when completed or (b) until the Expansion Premises are completed, the size of the completed Expansion Premises as estimated in the latest drawings and specifications approved by Landlord with respect to the Expansion Premises. The annual Term Basic Rent for the Expansion Premises (as adjusted pursuant to Section 36.03 below) shall increase by five percent (5%) as of (1) the first day of the calendar month marking the fifth (5th) anniversary of the Section 36.02 Rent Commencement Date (such date, the "Section 36.02 Adjustment Date") and (2) each succeeding fifth (5th) anniversary of the Section 36.02 Adjustment Date during the Term. In the event such rental obligation shall commence prior to the Expansion Completion Date, Term Basic Rent shall be appropriately adjusted (both prospectively and retroactively) on the Expansion Completion Date. The Expansion Premises shall be measured in accordance with BOMA standards.
SECTION 36.03. In the event Tenant exercises the Expansion Option on or prior to JULY 31, 2006, Landlord shall contribute, at Tenant's option and in accordance with the provisions of Section 36.01 (and subject to the conditions therein), an amount equal to $35.00 per rentable square foot of the completed Expansion Premises not to exceed Three Hundred Fifty Thousand and NO/100 Dollars ($350,000.00) (such amount, the "Landlord's Contribution"). Tenant shall make such election, if at all, at the same time Tenant exercises the Expansion Option pursuant to the provisions of Section 36.01(C) hereof. Upon such election, the annual Term Basic Rent otherwise payable under Section 36.02 above for the first ten thousand (10,000) rentable square feet of the Expansion Premises shall increase on the earlier to occur of (i) the first day of the first month following Landlord's payment of the Landlord Contribution or (ii) regardless of whether the Expansion Completion Date shall have occurred, July 31, 2006 (the earlier of such dates, the "Section 36.03 Rent Commencement Date") by an amount equal to the product of $4.20 times the total square footage area of the Expansion Premises not to exceed 10,000 square feet (as determined pursuant to the provisions of Section 36.03), which amount shall be in addition to any increase payable under Section 36.02 above (but only with respect to the first 10,000 square feet of the Expansion Premises) and shall become due and payable in accordance herewith regardless of whether the Term Basic Rent for such space has commenced under Section 36.
Appears in 1 contract
Expansion. Effective on Provided Tenant is not in default under this Lease and as --------- provided that this Lease is in full force and effect and provided further that Tenant has not assigned this Lease, then Tenant shall have the following rights to lease, at the termination of December 1the existing lease (including, 2017 all extension options) to Altera Semiconductor, Inc. (such date being the -Expansion Commencement Date”"Altera"), the Premises space in Building D presently leased to Altera. Tenant further acknowledges that Altera has an option to extend the term of its existing lease.
A. Before listing or advertising Building D to prospective tenants or purchasers, Landlord shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 first notify Tenant of the availability of Building (D and shall present the “Expansion Space”)first offer to lease Building D to Tenant.
B. After presentation of Landlord's offer, being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and provided that Landlord and such Existing Tenant are concurrently herewith entering unable to reach agreement, following good faith negotiations, as to the terms and conditions under which the parties would be willing to enter into an early termination agreement a lease of Building D, Tenant shall have a right of first refusal to terminate such Existing Tenant’s lease Building D as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Dateset forth herein. If such Existing Tenant holds over Landlord proposes to lease a space in Building D (the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, "Available Space") to a prospective tenant and Xxxxxx’s obligation if Altera has failed to commence paying rent with respect exercise any right of first refusal it may have as to the Expansion Available Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, then Landlord shall thereafter deliver notify Tenant in writing of the same following basic business terms upon which the Landlord is willing to lease such space (collectively referred to herein as the "Basic Business Terms"): (i) the description of the Available Space; (ii) the term of the Lease; (iii) the tenant improvements Landlord is willing to construct or that it will require to be constructed and the contribution Landlord is willing to make to pay for such tenant improvements; (iv) the rent for initial term or the formula to be used to determine such rent (including, if applicable) free rent, Tenant. Upon 's share of taxes, assessments, operating expenses, insurance costs and the Expansion Commencement Datelike; (v) any option or options to extend (including the rent to be charged during the extension periods); and (vi) any other material business term Landlord elects to specify.
C. If Tenant, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after receipt of Landlord's notice, delivers to Landlord its receipt from Landlord. Failure of Landlord written agreement to send any such certificate shall have no effect lease the Available Space on the Expansion Commencement Date. In Basic Business Terms stated in Landlord's Notice, the event there is any delay in the delivery of the Expansion Space Landlord shall lease to Tenant and Tenant shall lease from Landlord the Available Space on the terms and conditions in Landlord's Notice (includingthe "Second Lease") provided, without limitationhowever, due that this Lease shall be modified to include, and the Second Lease shall include, a cross-default provision providing that Tenant will be in default under both the Second Lease and this Lease, if it is in default under either Lease.
D. If Tenant does not deliver to Landlord its written agreement to the Existing Tenant holding over Second Lease on the terms contained in the Expansion Space past the expiration of its lease)Landlord's notice within said ten (10) business day period, then this First Amendment Landlord shall not be void or voidablethereafter have the right to lease the Available space on the same Basic business Terms set forth in Landlord's notice and on such form of Lease, nor shall as Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such datechooses; provided, however, that Landlord may make any changes to such form of lease at the Expansion Commencement Daterequest of any prospective tenant to induce it to lease such space from Landlord so long as Landlord does not change the Basic Business Terms set forth in Landlord's notice.
E. The provisions of this paragraph shall terminate upon (i) the expiration or earlier termination of this Lease; or (ii) any assignment by Tenant of its interest in this Lease or the subletting by Tenant of substantially all of the Premises for substantially all of the remainder of the Lease Term; or (iii) as to any particular space, Tenant's failure to exercise its right of refusal granted herein as to such space at its first opportunity to do so.
F. Provided that Tenant shall have exercised its option to lease Building D, Landlord shall, at least one hundred twenty (120) days before the renewal date for the insurance carried by Landlord pursuant to Section 11.2, provide Tenant with a statement identifying the material terms of such insurance coverage, including the premiums payable, coverage limits and Tenant’s obligation deductibles required. In the event that Tenant reasonably determines that Tenant can maintain such insurance at a cost to commence paying rent Tenant of at least five percent (5%) less than the cost to Tenant of reimbursing the cost of maintaining such coverage to Landlord, then Tenant shall be entitled to notify Landlord, no more than thirty (30) days following receipt of Landlord's statement, that Tenant intends to maintain such insurance. Tenant shall thereafter maintain the insurance required by Section 11.2 hereof, in conformance with respect consistent requirements imposed from time to time by the Expansion Spaceholders of mortgages or deeds of trust of the Premises, shall commence on including, if required, delivery to such parties of reasonably satisfactory evidence of the Expansion Commencement Datemaintenance of such coverage.
Appears in 1 contract
Samples: Sublease (Nvidia Corp/Ca)
Expansion. Effective on (a) Provided Tenant is neither in default at the time of exercise nor has Tenant ever incurred an Event of Default (irrespective of the fact that Tenant cured such Event of Default) of any monetary obligations under the Lease and as subject to the existing rights of December 1other tenants within the Building, 2017 (such date being upon Tenant’s written request, Landlord shall notify Tenant with regard to that certain 4,157 rentable square foot space in the -Expansion Commencement Date”), the Premises shall be expanded to include an additional 7,389 square feet of rentable area designated Building commonly known as Suite 100 of the Building E100 (the “Expansion Space”)) as shown on Exhibit “B”, being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof hereof, that is or Landlord expects to become vacant and available for all purposes, lease.
(b) In such notice Landlord shall propose to Tenant the basic economic terms upon which Landlord would be prepared to entertain the negotiation of an amendment to the Lease with which the parties would add the Expansion Space to the description of the “Premises,” in either case for a term that is which would be coterminous with the Lease Term. Tenant acknowledges and which economic terms shall include the estimated date that the Expansion Space is currently occupied shall be available for delivery and the Fixed Rent (which shall be the Fair Market Rent for such space), whereupon Tenant shall have thirty (30) days next following Landlord’s delivery of such notice within which to accept such terms, time being of the essence. Should Tenant accept such terms as are specified by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement DateLandlord, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect parties shall negotiate the terms of an amendment to the Expansion SpaceLease, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Datememorialize their agreement. In the event there absence of any further agreement by the parties, such additional space shall be delivered “AS -IS” in a good neat, orderly and broom-clean condition, with all personal property and other tenants and occupants removed from such Expansion Space and Rent for such additional space shall commence on that date which is any delay the earlier of: (i) Tenant’s occupancy thereof, or (ii) five (5) days after Landlord delivers such additional space to Tenant free of other tenants and occupants. If Tenant shall not accept Landlord’s terms within such thirty (30) day period, or if the parties shall not have executed and delivered a mutually satisfactory lease amendment within thirty (30) days next following Landlord’s original notice under this Section, then Tenant’s rights to lease such space shall lapse and terminate, and Landlord may, at its discretion, lease such space on such terms and conditions as Landlord shall determine. Tenant’s rights hereunder shall not include the right to lease less than all of the space identified in Landlord’s notice.
(c) Nothing contained in this Section is intended nor may anything herein be relied upon by Tenant as a representation by Landlord as to the delivery availability of the Expansion Space to Tenant (including, without limitation, due to within the Existing Tenant holding over in the Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for Building at any loss or damage resulting therefromtime. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to rights hereunder shall continue throughout the Expansion SpaceTerm (or any extension of the Term) until the final three (3) years of the Term, provided that Tenant first-above named (or its successors by merger or consolidation) shall commence on remain in occupancy of not less than one hundred percent (100%) of the Expansion Commencement DatePremises originally demised hereunder.
Appears in 1 contract
Samples: Lease (Qlik Technologies Inc)
Expansion. Effective on and as of December 1, 2017 (such date being the -Expansion Commencement Date”), the Premises A. It shall be expanded a condition precedent to the right of Tenant to occupy the space described below, that at the time of the initial occupancy, Tenant shall not be in default in payment of Rent or Additional Rent hereunder or any other covenants or conditions contained herein. Any termination of this Lease shall terminate any right of expansion hereunder.
B. Tenant agrees to expand its occupancy to include an additional 7,389 the 10,228 square feet of rentable area designated as Suite 100 of the Building (the “Expansion Space”), being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant Sentry Supplement (the “Existing Tenant”"Sentry Space") and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30located at 16624 N.W. 54th Avenue, 2017Miami, Florida 33014. Tenant hereby waives any claims against agrees to take oxxxxxxxx xx xxx Xxxxxx Xxxxx xx xxx xxxxxxx "as is" condition immediately upon the vacating of the Sentry Space but in no event prior to August 1, 1995. Rent for the Sentry Space will be in accordance with the schedules of rent described in Articles 1, 2 and 38 hereof at the time of initial occupancy and thereafter.
C. Landlord agrees to not renew Sentry Supplement's Lease at the end of its current lease term, so long as Tenant is not in default of this Lease at that time.
D. Tenant will increase its security deposit as described in Article 3 at the event that such Existing Tenant holds over time of takeover of the Sentry Space by an amount equal to one month's total Rent plus Additional Rent as described in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, Articles 1 and Xxxxxx’s obligation to commence paying rent 2 with respect to the Expansion Sentry Space.
E. Landlord agrees to give Tenant written notice 15 days prior to the availability of the Sentry Space so as to afford Tenant an opportunity to inspect the Sentry Space as to its physical condition and its environmental status. If, within said 15-day period for due diligence, Tenant shall find, as a result of such inspections, that work must be done as to the physical condition of the Sentry Space to restore it to its present "as is" condition or remedial work is required in order to remove any environmental problems affecting the Sentry Space, Tenant shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlordgive written notice of same within said 15-day period and within 5 business days of receipt of said written notice from Tenant, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver give written notice to Tenant a certificate establishing as to whether or not the Expansion Commencement Date, which Tenant Landlord shall acknowledge by executing a copy and returning it restore the Sentry Space as requested in Tenant's written notice. If the Landlord refuses to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on restore the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Sentry Space to Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease)as requested, then this First Amendment Tenant shall not be void obligated to take possession of the Sentry Space and this expansion right shall expire and be of no further force or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such dateeffect; provided, however, that if the Expansion Commencement DateTenant elects within 5 business days of receipt of Landlord's written notice of refusal to restore the Sentry Space to take possession of the Sentry Spare without the occurrence of such restoration, then Tenant shall be obligated to pay Rent and Additional Rent for the Sentry Space. In the event that the Landlord elects to restore the Sentry Space as requested, then the Landlord shall do such work (at its own cost and expense) and the Tenant shall be obligated to take possession of the Sentry Space and to pay Rent and Additional Rent for the Sentry Space commencing 5 business days after receipt of written notice of restoration from the Landlord that all such work has been completed; provided, however, if Tenant elects not to take possession of the Sentry Space, within 5 business days of receipt of such notice of restoration from the Landlord, then Tenant's rights to expand to the Sentry Space shall expire and be of no further force and effect, and Tenant’s obligation Tenant agrees to commence paying rent reimburse the Landlord for all monies expended by the Landlord in connection with respect restoring the Sentry Space pursuant to the Expansion SpaceTenant's request, and if Tenant fails to reimburse the Landlord said monies within 10 days of receipt of written demand for said payment, Tenant shall commence on be in default under the Expansion Commencement Dateterms and conditions of the Lease.
Appears in 1 contract
Expansion. Effective on Landlord and Tenant covenant and agree as follows:
(1) Landlord reserves the right to make changes in and to alter the Building, automobile parking areas, and other Common Areas, and this right shall include the right to elevate or multipledeck or to provide underground parking facilities. This may mean all or a portion of December 1Tenants view may be blocked, 2017 and if such occurs, Tenant consents to same without any right to compensation. In no event shall Landlord be required to maintain any specific parking building ratio for any automobile parking areas.
(such date being 2) With respect to any premises adjoining or adjacent to the -Expansion Commencement Date”)Building which Landlord may now own or henceforth acquire, by deed, easement contract, license or otherwise Landlord expressly reserves unto itself, its successors and assigns, the Premises shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 of the Building right (the “Expansion Space”), being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to but Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare its successors and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate assigns shall have no effect on obligation) to develop, dedicate, finance, improve, lease, manage, operate and/or convey the Expansion Commencement Date. In the event there is adjoining or adjacent premises, or any delay in the delivery of the Expansion Space to Tenant (part thereof, for whatever use or purpose Landlord or Landlord's successors or assigns shall deem appropriate, including, without limitation, due to the Existing Tenant holding over in use thereof for expansion of the Expansion Space past the expiration of its lease), then Building; and this First Amendment Lease shall not be void construed to limit Landlord's rights, or voidableto restrict the use of said adjoining or adjacent premises or any part thereof. The foregoing provisions of this paragraph shall not be construed to give Tenant any rights in common areas within any of the adjoining or adjacent premises, nor shall Landlord including without limitation, any rights in the parking areas that might be liable provided in adjoining or adjacent premises.
(3) No such permitted change, alteration, addition to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy consolidation of the Expansion Space through December 15Building, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, howeverincluding without limitation, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Spaceperformance of all construction and/or excavation required thereof, shall commence on invalidate this Lease or affect Tenants' obligation under any provision hereof and tenant agrees to ratify and approve the Expansion Commencement Datemodified Building Plan, if any, in writing. Tenant expressly waives all claims for inconvenience, interruption and/or loss of Tenants' business or other damage due to such permitted change, alteration, addition or consolidation, unless caused by gross negligence by the Landlord.
Appears in 1 contract
Samples: Office/Surgical Care Center Lease Agreement (Dynacq International Inc)
Expansion. Effective Lessor will give Tenant written notice of the availability of any portion of the space on the second floor of the building known and referred to as of December 1, 2017 Normxx Xxxter I prior to the date when that space (such date being the -Expansion Commencement Date”"Offer Space") is available to Lessor for leasing and Network Communications Corporation ("NCC"), or the Premises shall be expanded successor or assigns of NCC, under NCC'S lease of space in said building has not elected to include an additional 7,389 square feet of rentable area designated as Suite 100 lease the space. The notice will state the Monthly Base Rent for the Offer Space. Tenant will have the right to lease the Offer Space under this Section if:
(a) Tenant is not in default under this Lease.
(b) NCC does not elect to exercise its rights to lease any part of the Building Offer Space.
(c) Tenant delivers to Lessor written notice exercising its right to lease the “Expansion Offer Space within 10 days after Lessor's notice of availability of the Offer Space”). If Tenant fails to exercise its right to lease the Offer Space, being more fully shown and described Tenant will have no further right to lease the Offer Space thereafter. A lease of space under this Section will contain the following:
(1) Monthly Base Rent will be the amount stated in Lessor's notice of availability of the Offer Space.
(2) Costs will be determined in the manner set forth in this Lease.
(3) The commencement date for the lease will be the later of the date the Offer Space becomes available to Lessor for occupancy or 30 days after notice from Lessor that the Offer Space is available.
(4) The Term will end on the floor plan attached hereto as Exhibit A and made a part hereof for all purposesexpiration or earlier termination of this Lease, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect subject to the Expansion SpaceExtension Terms contained in this Lease.
(5) Tenant will take the space in an "as-is" condition with all improvements to be Tenant's responsibility at Tenant's cost.
(6) There will be no Improvement Allowance, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlordrent abatement, Landlord shall thereafter deliver space planning allowance, moving allowance or other concessions.
(7) All other terms and conditions will be the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay as contained in the delivery of the Expansion Space to Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement DateLease.
Appears in 1 contract
Samples: Lease (Advancepcs)
Expansion. Effective on In addition to Tenant’s fixed growth into the Contiguous Space as described in the Lease, Tenant shall have the option to lease additional space within the Building, as follows: The Building will be designed, planned, and as approved for construction at a total capacity of December 1approximately 105,000 usable/rentable square feet. The space in the Building totaling approximately 30,000 usable/rentable square feet, 2017 (such date being adjacent to but not a part of the -Expansion Commencement Date”)Initial Premises and the Contiguous Space, the Premises shall be expanded referred to include an additional 7,389 square feet of rentable area designated herein as Suite 100 of the Building (the “Expansion Space”), being more fully ” as shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease TermB-2. Tenant acknowledges that shall have the first right to expand into the Expansion Space is currently occupied by an existing tenant (pursuant to the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing terms described below. Tenant’s right to lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond shall be ongoing; available to Tenant at any time throughout the Expansion Commencement Date, term of the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to Lease. In the event the Expansion Space, or any portion thereof, is unencumbered by lease to third party tenant(s), and Tenant provides written notice to Landlord on or prior to the last day of the second (2nd) year of the initial Term, indicating its desire to lease any portion of the then unencumbered Expansion Space, Tenant shall nonetheless still commence on have the Expansion Commencement Date. Following right to lease such Existing Tenant surrendering portion or all of the Expansion Space and the terms for such expansion by Tenant shall be the same as those for the Premises pursuant to Landlordthe Lease, including the Expiration Date of the Lease. Base Rent for such expansion space will be the then current Base Rent as stated in the Lease for the Premises (per rentable square foot), and the Improvement Allowance stated in the Lease will apply to the Expansion Space but will be prorated to reflect the then remaining term of the Lease. Landlord shall thereafter deliver be responsible for completion and payment of construction of the same to Tenant. Upon Base Building Conditions for the Expansion Commencement Date, Landlord may prepare and deliver Space as described in the Base Building Conditions attached to the Lease. Tenant a certificate establishing shall then utilize its applicable Improvement Allowance for construction of improvements within the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement DateSpace. In the event there is any delay in Tenant initiates expansion after the delivery second (2nd) year of the Expansion Space initial Term, the Base Rent for the expansion space shall be in Fair Market Rent, as such term is defined in Section 38 of the Lease, and shall be determined using the same method set forth in such section. The other terms for such expansion shall be subject to Tenant (includinggood faith negotiation between Landlord and Tenant, without limitationand shall include appropriate Improvement Allowances, due and other terms and concessions pursuant to the Existing then current commercial office market for like space, and may include negotiation of any applicable extension of the initial Lease Term desired by both parties at that time. Any expansion of the Premises during the last year of the initial Lease Term will require extension of the Lease for the entire Premises, subject to the determination of Base Rent during such extended term in accordance with Section 38 of the Lease. In the event Tenant holding over in the Expansion Space past the expiration of its lease), then this First Amendment shall desires expansion space which cannot be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the reasonably accommodated in Expansion Space, Landlord agrees to use commercially reasonable efforts to provide such expansion space in other building(s) owned or controlled by Landlord within close proximity to the Building, including other building(s) in similar commercial office parks owned or controlled by Landlord. This may include good faith discussion and negotiations for construction of a new facility by Landlord for expansion or possibly for relocation of the entire Premises to a location acceptable to Tenant. Any such expansion into other building(s) will be subject to agreement by both parties in writing, to which neither party will be obligated, but for which both parties agree to discuss and negotiate in good faith. Any expansion by Tenant initiated during the first three (3) years of the initial Term shall commence on include a pro-rated cooperating brokerage commission to CRESA Partners, payable by Landlord. Any expansion by Tenant initiated after the Expansion Commencement Datefirst three (3) years of the initial Term shall include a cooperating brokerage commission to CRESA Partners, payable by Landlord, if Tenant engages CRESA for assistance with its expansion requirements at that time.
Appears in 1 contract
Samples: Lease Agreement (Inverness Medical Innovations Inc)
Expansion. Effective on and as Provided that no Event of December 1Default then exists, 2017 Landlord agrees that upon receipt of an Expansion Request (such date being the -Expansion Commencement Date”)defined below) from Tenant, the Premises shall be expanded Landlord will use best efforts to include an additional 7,389 square feet of rentable area designated as Suite 100 of provide Tenant with expansion space within the Building and/or Complex (the “Expansion Space”), being more fully shown i.e., Landlord will promptly provide Tenant with a written list of “available space” for lease within the Building and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord elsewhere in the event Complex that such Existing Tenant holds over in meets the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over criteria set forth in the Expansion Space beyond Request. As used herein, an “Expansion Request” means a written request from Tenant, that includes at least the Expansion Commencement Date, following information: (a) the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to requested size of the Expansion Space, shall nonetheless still commence and (b) the date on which Tenant needs the Expansion Commencement DateSpace. Following such Existing Tenant surrendering the Expansion Space As used herein, “available space” means space which is (i) not then subject to Landlordrights of third parties, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitation, due rights of first notice, expansion rights, extension rights and/or options to lease, and (ii) not then the subject of active negotiations for lease. Any expansion and/or relocation of the Premises resulting from an Expansion Request will be subject to the Existing Tenant holding over in the Expansion Space past the expiration parties’ negotiation and execution of its lease), then this First Amendment shall not be void or voidable, nor shall a lease amendment on terms mutually acceptable to both Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such dateTenant; provided, however, that upon any such relocation (as opposed to an expansion) of the Expansion Commencement DatePremises, and Tenant’s obligation to commence paying rent Tenant shall be released from all further obligations (except those obligations that expressly survive the expiration or earlier termination of this Lease) with respect regard to the original Premises. Landlord shall not be required to respond to more than one Expansion SpaceRequest within any 6-month period. LANDLORD AND TENANT EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE PREMISES ARE SUITABLE FOR TENANT’S INTENDED COMMERCIAL PURPOSE, shall commence AND TENANT’S OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TENANT SHALL CONTINUE TO PAY THE RENT, WITHOUT ABATEMENT, DEMAND, SETOFF OR DEDUCTION, NOTWITHSTANDING ANY BREACH BY LANDLORD OF ITS DUTIES OR OBLIGATIONS HEREUNDER, WHETHER EXPRESS OR IMPLIED. This Lease is executed on the Expansion Commencement respective dates set forth below, but for reference purposes, this Lease shall be dated as of the date first above written. If the execution date is left blank, this Lease shall be deemed executed as of the date first written above. LANDLORD: XXXXXX RTP, LLC, a Delaware limited liability company By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Agent Execution Date: April 18, 2018 TENANT: XXXXXXXX LABS, INC., a Delaware corporation By: /s/ Xxxxxx Xxxxxxxxxx Name: Xxxxxx Xxxxxxxxxx Title: President & CEO Execution Date: April 17, 2018
Appears in 1 contract