Expansion. If Lessee requires more industrial space in addition to Module B or in the event Lessee does not exercise its option to lease Module B, Lessor agrees to use its best efforts to provide the additional space adjacent to the Leased Premises as depicted on Exhibit H attached hereto and incorporated herein (the “Adjacent Space”). If the Adjacent Space cannot be delivered, Lessor shall provide another building (owned by Lessor) to provide the total industrial space required by Lessee. If Lessee agrees to move into another building owned by Lessor, Lessor agrees to (i) reimburse Lessee for all moving expenses incurred by Lessee in connection with the move and (ii) pay for fifty percent (50%) of the tenant improvements to be constructed in the new space. If Lessee decides to exercise its option to expand into the Adjacent Space or if parties agree on a new building to which Lessee can move its operations, the parties hereto shall either (i) execute an amendment to this Lease which redefines the Leased Premises to include the Adjacent Space or substitute the new building as the Leased Premises and recalculates rent by multiplying the rental rate set forth in Section 5.1 by the new square footage of the Leased Premises or (ii) enter into a new lease agreement under similar terms and conditions as those set forth herein. Notwithstanding the foregoing, any new lease or amendment to this Lease entered into between the parties pursuant to this Article 23 shall include language which sets forth a term or extends the Term for a period of at least five (5) years commencing on the execution date of the amendment or the new lease or such other date as set forth therein. It is agreed by the parties that in the event the parties enter into a new lease pursuant to the terms of this Article 23, Lessee shall cause a guaranty, similar to the Guaranty granted to Lessor pursuant to Exhibit F hereto, be granted to Lessor.
Appears in 1 contract
Samples: Lease Agreement (Lmi Aerospace Inc)
Expansion. If Lessee requires more industrial space in addition 32.1 Although Tenant does not now wish to Module B or have constructed a larger facility, Tenant may in the event Lessee does not exercise its option future desire to lease Module B, Lessor agrees expand the Building. Landlord is willing to use its best efforts to provide permit the construction of additional space adjacent (the "Expansion Space") to the Leased Premises as depicted on Exhibit H attached hereto Building and incorporated herein will agree to construct, or to cause the construction of, the Expansion Space requested by Tenant, all in accordance with and subject to the following terms and conditions of this paragraph 32.
32.2 If Tenant decides it would like to have the Building expanded at any time prior to expiration of the Lease Term, Tenant shall deliver a written notice to Landlord not later than one (1) year before the “Adjacent Lease Term expires specifying the number of additional square feet requested, the general configuration of the Expansion Space”). , the tenant improvements requested by Tenant to be installed by Landlord in the Expansion Space and the target date for completion of the Expansion Space.
32.3 If Tenant's notice to Landlord is delivered within the Adjacent Space cannot be deliveredfirst two (2) years of the Lease Term and if Xxxx Companies US, Lessor shall provide another building Inc. is still the Landlord, then within sixty (owned by Lessor60) days following receipt of Tenant's written request for such expansion, Landlord will deliver to provide the total industrial space required by Lessee. If Lessee agrees to move into another building owned by Lessor, Lessor agrees to Tenant a written response which will either (A) set forth (i) reimburse Lessee Landlord's good faith estimate of the total cost to construct the Expansion Space in adherence to the same construction standards set forth in this Lease for all moving expenses incurred by Lessee in connection with the move and Building plus a 6% fee to Landlord; (ii) pay for fifty percent (50%) Landlord's good faith estimate of the tenant improvements increase in monthly base rent expected to be constructed result from the Expansion Space, calculated using the applicable rental constant under paragraph 3; and (iii) the expected time to complete the Expansion Space, including the projected time to prepare and agree upon plans and specifications and the time to obtain necessary financing, permits, consents and approvals; or (B) advise Tenant that Landlord elects not to construct the Expansion Space for any of the reasons set forth in the new spaceparagraph 32.5 below. If Lessee decides Landlord provides a response under subparagraph (A) above, then Tenant will notify Landlord within thirty (30) days of Tenant's receipt of Landlord's response whether Tenant desires to exercise its option proceed with the expansion.
32.4 If Tenant's notice to expand into Landlord is delivered after the Adjacent Space first two (2) years of the Lease Term or if parties agree on Xxxx Companies US, Inc. is not still the Landlord, then within sixty (60) days following receipt of Tenant's written request for such expansion, Landlord will deliver to Tenant a new building to written response which Lessee can move its operations, the parties hereto shall will either (A) set forth (i) execute an amendment Landlord's good faith estimate of the total cost to this Lease which redefines construct the Leased Premises Expansion Space in adherence to include the Adjacent Space or substitute the new building as the Leased Premises and recalculates rent by multiplying the rental rate same construction standards set forth in Section 5.1 by this Lease for the new square footage of the Leased Premises or Building plus a 6% fee to Landlord; (ii) Landlord's good faith estimate of the increase in monthly base rent expected to result from the Expansion Space, calculated using the applicable rental constant under paragraph 3; and (iii) the expected time to complete the Expansion Space, including the projected time to prepare and agree upon plans and specifications and the time to obtain necessary financing, permits, consents and approvals; or (B) advise Tenant that Landlord elects not to construct the Expansion Space for any reason whatsoever, including without limitation, the reasons set forth in paragraph 32.5 below. If Landlord provides a response under subparagraph (A) above, then Tenant will notify Landlord within sixty (60) days of Tenant's receipt of Landlord's response whether Tenant desires Landlord to proceed with the expansion, during which time Tenant, in its sole discretion, may elect to obtain competitive bids.
32.5 Landlord may decline to construct the Expansion Space requested by Tenant if:
(a) Landlord is unable to obtain financing on terms and conditions satisfactory to Landlord.
(b) The Expansion Space is less than 30,000 square feet.
(c) The Expansion Space is not permitted by applicable law, the Ground Lease, the Subground Lease or any recorded covenants, conditions and restrictions (including without limitation, the Declaration).
(d) Tenant's financial condition has, in the sole opinion of Landlord, adversely changed since the date of the Lease so as to not be acceptable to Landlord.
(e) Tenant is, or has been during the Lease term, in default under this Lease or any event has occurred which with the giving of notice or passage of time, or both, would constitute an event of default on the part of Tenant.
32.6 If Landlord is to proceed with construction of the Expansion Space under either paragraph 32.3 or 32.4 above, then the parties will enter into a new lease agreement under similar written amendment to the Lease setting forth the terms and conditions applicable to the Expansion Space, including without limitation the following:
(a) If the Expansion Space is "ready for occupancy" (as those set forth herein. Notwithstanding defined in paragraph 2 above) after the foregoing, any new lease or amendment to this Lease entered into between the parties pursuant to this Article 23 shall include language which sets forth a term or extends the Term for a period of at least first five (5) years commencing on the execution date of the amendment or Lease Term, then the new lease or such other initial Lease Term for the Property (including the Expansion Space) will be extended so that it expires ten (10) years from the date the Expansion Space is "ready for occupancy". This extension is independent of and in addition to the Renewal Options set forth in paragraph 31.
(b) Base rent for the Expansion Space will be calculated using the applicable Rental Constant as set forth thereinin paragraph 3 (but with the applicable Subground Lease Annual Payment included only once in calculating base rent in the aggregate for both the original Building and the Expansion Space). It If the initial Lease Term is agreed extended as provided above, then (i) the Rental Constant for calculating annual base rent for years 16 through 20, or portion thereof, and, if applicable, for years 21 through 25, or portion thereof, shall be computed on the basis of a 2% yearly increase compounded annually in base rent over years 11 through 15 for calculating base rent for years 16 through 20 and then, if applicable, over years 16 through 20 for calculating base rent for years 21 through 25, and (ii) the Subground Lease Annual Payment shall be equal to the applicable annual rent payable under the Subground Lease for the corresponding year of the Lease Term. The amendment will further state that, except as specifically provided to the contrary in this paragraph 32, all of the terms and conditions of the Lease shall apply to the Expansion Space. If the parties cannot agree upon the amendment in sufficient time for Landlord to commence and complete the Expansion Space by the parties that target completion date, then Landlord shall not be obligated thereafter to proceed with construction of the Expansion Space.
32.7 If Landlord elects under subpart (B) of either paragraphs 32.3 or 32.4 not to construct or have constructed the Expansion Space, or if Tenant is not satisfied with Landlord's proposal for the Expansion Space, Tenant shall have the right to construct the Expansion Space at its own expense in the event the parties enter into a new lease pursuant to accordance with the terms of this Article 23paragraph 32. If Tenant elects to construct the Expansion Space, Lessee all construction must be performed in accordance with plans mutually acceptable to Landlord and Tenant and complying with all applicable laws, rules and regulations, the Ground Lease, the Subground Lease and recorded covenants, conditions and restrictions (including without limitation, the Declaration). Tenant will be responsible for obtaining at Tenant's expense all necessary permits, consents and approvals, and Landlord shall cause a guaranty, similar cooperate with and assist Tenant as necessary to enable Tenant to complete the desired construction. Tenant agrees to carry insurance in commercially reasonable coverages and amounts with respect to the Guaranty granted construction satisfactory to Lessor pursuant Landlord. Tenant shall also obtain payment and performance bonds to Exhibit F heretoinsure for the benefit of Landlord the completion and payment for the construction work and shall, prior to beginning construction, record a bond satisfying the statutory requirements for keeping the Premises lien free with respect to Tenant's construction of the Expansion Space. If the construction is undertaken and paid for by Tenant, Tenant will not be granted required to Lessorpay base monthly rent with respect to the Expansion Space for any period during the Lease Term as extended, including during any Renewal Terms, but shall pay Operating Costs. Under no circumstances shall Landlord be required to obligate itself or encumber the Premises for financing to pay the costs for Tenant's construction of the Expansion Space.
32.8 The duties and obligations of Landlord under this paragraph 32 shall not be binding upon and need not be performed by any mortgagee, trust deed beneficiary or other holder of a financing lien on the Premises or their successors and assigns; provided, however, the foregoing shall not impair or otherwise prejudice Tenant's right under paragraph 32.7 to construct the Expansion Space.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Expansion. 46.1 Provided that this Lease is in full force and effect and Tenant is not in default hereunder, Tenant shall have the right, by written notice to Landlord on or before October 20, 2000, time being of the essence, to lease all or a portion of the third floor of the Building that is not presently covered by this Lease or leased to Xxxx X. Xxxxx and Company, Inc. (such balance of the third floor being shown on Schedule B attached hereto as "Expansion Area"), on the following terms and conditions:
(a) Tenant's exercise notice must specify the portion of the Expansion Area that Tenant wishes to lease. If Lessee requires more industrial space in addition Tenant wishes to Module B or in lease less than all of the event Lessee Expansion Area, then the portion thereof that Tenant does not exercise its option lease must be at least 10,000 square feet. If Tenant elects to lease Module Bless than all of the Expansion Area, Lessor agrees then Landlord shall designate the precise location and configuration of the portion of the Expansion Area that Tenant will lease, so that the portion of the Expansion Area that Tenant does not lease will be a marketable space, taking into consideration, among other things, the size, configuration and access thereto.
(b) The portion of the Expansion Area that Tenant elects to use its best efforts lease under this Article 46 shall be hereinafter referred to provide as the additional space adjacent to "Expansion Space". The Expansion Space shall be part of the Leased Demised Premises as depicted on Exhibit H attached hereto and incorporated herein (the “Adjacent Space”). If the Adjacent Space cannot be delivered, Lessor shall provide another building (owned by Lessor) to provide the total industrial space required by Lessee. If Lessee agrees to move into another building owned by Lessor, Lessor agrees to (i) reimburse Lessee for all moving expenses incurred by Lessee in connection with purposes hereunder as of Tenant's election to lease the move same and (ii) pay for fifty percent (50%) Landlord's designation of the tenant improvements to be constructed in location and configuration of the new space. If Lessee decides to exercise its option to expand into the Adjacent Space or if parties agree on a new building to which Lessee can move its operationssame, and, as of such date, the parties hereto Rentable Area of the Demised Premises shall either (i) be increased to include the Rentable Area of the Expansion Space and Landlord and Tenant shall promptly execute an amendment to this Lease which redefines to reflect the Leased Premises to include the Adjacent Space or substitute the new building as the Leased Premises and recalculates rent by multiplying the rental rate set forth in Section 5.1 by the new square footage inclusion of the Leased Premises or (ii) enter Expansion Space into a new lease agreement under similar terms and conditions as those set forth herein. Notwithstanding the foregoing, any new lease or amendment to this Lease entered into between the parties pursuant to this Article 23 shall include language which sets forth a term or extends the Term for a period of at least five (5) years commencing on the execution date of the amendment or the new lease or such other date as set forth therein. It is agreed by the parties that in the event the parties enter into a new lease pursuant to the terms of this Article 23, Lessee shall cause a guaranty, similar to the Guaranty granted to Lessor pursuant to Exhibit F hereto, be granted to LessorDemised Premises.
Appears in 1 contract
Samples: Lease (Panamsat Corp /New/)
Expansion. If Lessee requires more industrial Both parties to this lease agree that it may be in their mutual best interests to expand the leased facility at a future date. The Landlord and Tenant believe that by modifying certain portions of the property, it may be possible to construct an addition with 20,000 square feet of space in addition to Module B or in the event Lessee does not exercise its option to lease Module B, Lessor agrees to use its best efforts to provide the additional space adjacent contiguous to the Leased Premises as depicted on Exhibit H attached hereto and incorporated herein (the “Adjacent Space”)existing facility. If the Adjacent Space cannot be delivered, Lessor shall provide another building parties agree to expand the facility they will work together to: (owned by Lessora) design any such addition to provide meet the total industrial space required by Lessee. If Lessee agrees to move into another building owned by Lessor, Lessor agrees to (i) reimburse Lessee for all moving expenses incurred by Lessee in connection with the move and (ii) pay for fifty percent (50%) operational needs of the tenant improvements by providing for the appropriate type of space and the appropriate infrastructure at the time the addition would be constructed; (b) negotiate appropriate lease rates for any such addition to meet the financial needs of the Landlord and Tenant; (c) provide appropriate returns for the Landlord’s investment; and, (d) maintain the future marketability of the property. Neither party shall be constructed obligated to the expansion if in their sole discretion the addition is not in the new spacemutual best interests of both the Landlord and the Tenant. If Lessee decides The lease agreement for any expansion to exercise its option to expand into the Adjacent Space or if parties agree on a new building to which Lessee can move its operations, the parties hereto this facility shall either (i) execute be handled as an amendment to this Lease which redefines Agreement. Should the Leased Premises Landlord and Tenant not agree to include an expansion of the Adjacent Space or substitute facility by at least 20,000 square feet by the new building end of the fifth year of the lease term, then Landlord shall have a “put” option to require Tenant to purchase the leased facility. The aforesaid “put” option shall commence at the end of the 60th month hereof, provided, however, that Landlord shall have requested that Tenant agree to an expansion of the facility by at least 20,000 square feet, and shall continue in effect through the end of the 7th year (the 84th month following the effective date hereof) of the lease term. The purchase price shall be the greater of the appraisal price (determined in exactly the same manner as the Leased Premises and recalculates rent by multiplying the rental rate described with respect to Lessee’s option to purchase set forth in Section 5.1 by paragraph l.3.i) or the new square footage sum of the Leased Premises or (ii) enter into a new lease agreement under similar terms Landlord’s original purchase price plus 15% which the parties agree is the sum of $3,350,000. If during the time period prior to the exercise of this put option Tenant has paid for the installation of water and conditions sewer utilities pursuant to paragraphs hereof, then Tenant shall be able to deduct such payments from the purchase price as those set forth hereinestablished hereby. Notwithstanding the foregoing, any new lease or amendment to The parties have executed and delivered this Lease entered into between as of the parties pursuant to this Article 23 shall include language which sets forth a term or extends the Term for a period of at least five (5) years commencing date on the execution date top of page one. Landlord: COUGAR DEVELOPMENT, LLC Tenant: WAMAR PRODUCTS, INC. By: /s/ Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx for Developers, Inc., Member By: Its: /s/ Xxxxx Xxxxxxx CFO Guarantor: CLARION TECHNOLOGIES, INC. By: Its: /s/ Xxxxx Xxxxxxx CFO That part of the amendment East 1/2 of the Southwest 1/4 of Section 6, Town 5 North, Range 10 West, Caledonia Township, Kent County, Michigan described as: Commencing at the South 1/4 corner of said Section 6; thence North 90 degrees 00 minutes West 683.00 feet along the South line of said Section 6 to the Point of Beginning; thence North 90 degrees 00 minutes West 355.00 feet; thence North 00 degrees 00 minutes West 222.00 feet; thence South 90 degrees 00 minutes East 42.00 feet; thence North 00 degrees 00 minutes West 602.27 feet; thence South 90 degrees 00 minutes East 313.00 feet; thence South 00 degrees 00 minutes East 824.27 feet to the Point of Beginning. Together with and subject to a 20.00 foot wide drainage easement, the centerline of which is described as: Commencing at the South 1/4 corner of said Section 6; thence North 90 degrees 00 minutes West 1016.0 feet along the South line of said Section 6; thence North 00 degrees 00 minutes West 217.0 feet to the Point of Beginning for said centerline; thence North 59 degrees 22 minutes West 160.00 feet; thence North 88 degrees 39 minutes West 160 feet, more or the new lease or such other date as set forth therein. It is agreed by the parties that less, to a point in the event centerline of an existing drainage ditch, said point being 302.4 feet, more or less, North of the parties enter into South line of said Section 6 and the point of ending for said centerline. That part of the Xxxxxxxxx 0/0, Xxxxxxx 0, Xxxx 0 Xxxxx, Xxxxx 10 West, Caledonia Township, Kent County, Michigan described as: Beginning at a new lease pursuant point on the South line of said Southwest 1/4 which is North 89 degrees 56 minutes 52 seconds West 669.92 feet from the South 1/4 corner of Section 6; thence North 89 degrees 56 minutes 52 seconds West 13.08 feet along said South line; thence North 00 degrees 03 minutes 08 seconds East 824.27 feet; thence South 89 degrees 56 minutes 52 seconds East 2.00 feet; thence South 00 degrees 03 minutes 08 seconds West 506.98 feet along the Westerly right of way line of Kon-Krete Drive (86.00 feet wide); thence Southerly 211.69 feet along said Westerly line on a 4043.00 foot radius curve to the terms left, the chord of this Article 23, Lessee shall cause a guaranty, similar which bears South 01 degree 26 minutes 52 seconds East 211.67 feet; thence South 02 degrees 56 minutes 52 seconds East 105.84 feet along said Westerly line to the Guaranty granted place of beginning. PARCELS A AND B combined are described as: That part of the East 1/2 of the Southwest 1/4 of Section 6, Town 5 North, Range 10 West, Caledonia Township, Kent County, Michigan, described as: Commencing at the South 1/4 corner of said Section 6; thence North 90 degrees 00 minutes West 669.92 feet along the South line of said Section 6 to Lessor pursuant the Point of Beginning; thence North 90 degrees 00 minutes West 368.08 feet; thence North 00 degrees 00 minutes West 222.00 feet; thence South 90 degrees 00 minutes East 42.00 feet; thence North 00 degrees 00 minutes West 602.27 feet; thence South 90 degrees 00 minutes East 315.00 feet; thence South 00 degrees 00 minutes East 506.98 feet along the Westerly right of way line of Kon-Krete Drive (86.0 feet wide); thence Southerly 211.69 feet along said Westerly line on a 4043.00 foot radius curve to Exhibit F heretothe left, be granted the chord of which bears South 01 degree 30 minutes East 211.67 feet; thence South 03 degrees 00 minutes East 105.84 feet along said Westerly line to Lessorthe Point of Beginning. Together with and subject to a 20.00 foot wide drainage easement, the centerline of which is described as: Commencing at the South 1/4 corner of said Section 6; thence North 90 degrees 00 minutes West 1016.00 feet along the South line of said Section 6; thence North 00 degrees 00 minutes West 217.0 feet to the Point of Beginning for said centerline; thence North 59 degrees 22 minutes West 160.00 feet; thence North 88 degrees 39 minutes West 160 feet, more or less, to a point in the centerline of an existing drainage ditch, said point being 302.4 feet, more or less, North of the South line of said Section 6, and the point of ending for said centerline.
Appears in 1 contract
Expansion. If Lessee requires more industrial space in addition Subject to Module B or the availability of permanent financing, during the first five years of the initial lease term and provided there are at least seven (7) years remaining in the event Lessee does not Term of this Lease, including the time of exercise its option of any extension option, Tenant may one time only require Landlord to lease Module B, Lessor agrees to use its best efforts to provide the additional space adjacent construct an addition to the Leased Premises as depicted on Exhibit H attached hereto of not less than 10,000 square feet nor more than 20,000 square feet and incorporated herein increase the parking by 1 space for every 200 square feet (or fraction thereof) the “Adjacent Space”). If the Adjacent Space cannot be delivered, Lessor shall provide another building (owned by Lessor) to provide the total industrial space required by Lessee. If Lessee agrees to move into another building owned by Lessor, Lessor agrees to (i) reimburse Lessee for all moving expenses incurred by Lessee in connection with the move and (ii) pay for fifty percent (50%) of the tenant improvements addition to be constructed constructed. Tenant shall exercise the option in writing and Landlord shall cause the new spaceexpansion to be completed within 270 days after such notice. If Lessee decides The expansion shall be of substantially the same design and construction as the Leased Premises. Notwithstanding the provisions of paragraph 3 hereof granting Tenant three options to exercise its extend the term for five years each, if Tenant exercises this option to expand into the Adjacent Space or if parties agree on a new building to which Lessee can move its operations, the parties hereto shall either (i) execute an amendment to this Lease which redefines the Leased Premises to include the Adjacent Space then Tenant may either (a) exercise one or substitute the new building as the Leased Premises and recalculates rent by multiplying the rental rate set forth in Section 5.1 by the new square footage more of the Leased Premises five year options or (iib) enter into a new extend the term of the lease agreement under similar for the number of years necessary to increase the remaining term of the lease to seven years from the date of exercise and the periods of the renewing options in paragraph 3 shall be adjusted so that the total option periods including those exercised previously and by this provision total 15 years. For purposes hereof, permanent financing shall be deemed available if (a) such financing shall be non-recourse and shall otherwise be on commercially reasonable terms and conditions as those set forth herein(b) for purposes of the financing, the Tenant shall be creditworthy. Notwithstanding The annual Base Rent shall, upon completion of the foregoingexpansion space, be increased by an amount equal to 12.5% of the cost of construction of the expansion space and the additional parking. Landlord may select a Contractor to Construct the expansion space, including all Tenant Improvements, and shall notify Tenant of the cost of such construction. If Tenant notifies Landlord that, in Tenant’s opinion, the cost is too high, then Tenant may obtain bids from other contractors reasonably acceptable to Landlord and Landlord shall either engage the contractor with the lowest cost or may utilize any new lease or amendment to this Lease entered into between contractor it selects but the parties pursuant to this Article 23 rent increase shall include language which sets forth a term or extends the Term for a period of at least five (5) years commencing be based on the execution date of the amendment or the new lease or such other date as set forth therein. It is agreed by the parties that in the event the parties enter into a new lease pursuant to the terms of this Article 23, Lessee shall cause a guaranty, similar to the Guaranty granted to Lessor pursuant to Exhibit F hereto, be granted to Lessorlowest cost estimate.
Appears in 1 contract
Expansion. If Lessee requires more industrial 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 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 subject to the existing rights of other tenants within the Building, upon Tenant’s written request; and, further provided, that Tenant first-above named (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 Premises, Landlord shall notify Tenant with regard to that certain 3,909 rentable square foot space in addition to Module B or in the event Lessee does not exercise its option to lease Module B, Lessor agrees to use its best efforts to provide the additional space adjacent to the Leased Premises Building commonly known as depicted Suite E110 (“Expansion Space”) as shown on Exhibit H “C”, attached hereto and incorporated herein herein, that is or Landlord expects to become vacant and available for 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 “Adjacent Premises,” in either case for a term which would be coterminous with the Lease 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”). If , and Rent for such additional space shall commence on that date which is the Adjacent Space cannot be delivered, Lessor shall provide another building (owned by Lessor) to provide the total industrial space required by Lessee. If Lessee agrees to move into another building owned by Lessor, Lessor agrees to earlier of: (i) reimburse Lessee for all moving expenses incurred by Lessee in connection with the move and (ii) pay for fifty percent (50%) of the tenant improvements to be constructed in the new space. If Lessee decides to exercise its option to expand into the Adjacent Space or if parties agree on a new building to which Lessee can move its operationsTenant’s occupancy thereof, the parties hereto shall either (i) execute an amendment to this Lease which redefines the Leased Premises to include the Adjacent Space or substitute the new building as the Leased Premises and recalculates rent by multiplying the rental rate set forth in Section 5.1 by the new square footage of the Leased Premises or (ii) enter into 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 new mutually satisfactory lease agreement amendment within thirty (30) days next following Landlord’s original notice under similar 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 those set forth hereinLandlord shall determine. Notwithstanding Tenant’s rights hereunder shall not include the foregoing, 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 availability of the Expansion Space within the Building at any new lease or amendment to this Lease entered into between the parties pursuant to this Article 23 time. Tenant’s rights hereunder shall include language which sets forth a term or extends continue throughout the Term for a period (or any extension of at least five the Term) until the final three (53) years commencing of the Term.
(d) For purposes of the Lease, “Fair Market Rent” shall mean the fixed rent, for comparable space, as established by Landlord or as mutually agreed by Landlord and Tenant after Landlord’s receipt of Tenant’s notice of intent to 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 Fair Market Rent, Landlord shall take into account applicable measurement and the 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 execution date Fair Market Rent within fifteen days of Tenant’s receipt of Landlord’s determination, the Fair Market Rent shall be established by the following procedure: (i) Tenant and Landlord, acting reasonably and in good faith, shall agree on a single MAI certified appraiser who shall have a minimum of ten (10) 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 both Landlord and Tenant shall prepare a written critique of the amendment other’s determination and shall deliver it to the other party; and (iv) on the tenth (10th) day following delivery of the critiques to each other, Landlord’s and Tenant’s determinations and critiques (as originally submitted to the other party, with no modifications whatsoever) shall be submitted to the 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 new lease Fair Market Rent. The appraiser shall not be empowered to choose any number other than the Landlord’s or such other date as set forth thereinTenant’s. It is agreed The fees of the appraiser shall be paid by the parties that in the event the parties enter into a new lease pursuant to the terms of this Article 23, Lessee shall cause a guaranty, similar to the Guaranty granted to Lessor pursuant to Exhibit F hereto, be granted to Lessornon-prevailing party.
Appears in 1 contract
Samples: Lease (Qlik Technologies Inc)
Expansion. If Lessee requires more industrial 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 Normxx Xxxter I prior to the date when that space (the "Offer Space") is available to Lessor for leasing and Network Communications Corporation ("NCC"), or the successor or assigns of NCC, under NCC'S lease of space in addition said building has not elected to Module B or 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 Offer Space.
(c) Tenant delivers to Lessor written notice exercising its right to lease the 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, 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 event Lessee does not exercise its option 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 lease Module BLessor for occupancy or 30 days after notice from Lessor that the Offer Space is available.
(4) The Term will end on the expiration or earlier termination of this Lease, Lessor agrees to use its best efforts to provide the additional space adjacent subject to the Leased Premises as depicted on Exhibit H attached hereto and incorporated herein Extension Terms contained in this Lease.
(5) Tenant will take the “Adjacent Space”). If the Adjacent Space cannot be delivered, Lessor shall provide another building (owned by Lessor) to provide the total industrial space required by Lessee. If Lessee agrees to move into another building owned by Lessor, Lessor agrees to (i) reimburse Lessee for in an "as-is" condition with all moving expenses incurred by Lessee in connection with the move and (ii) pay for fifty percent (50%) of the tenant improvements to be constructed in the new space. If Lessee decides to exercise its option to expand into the Adjacent Space Tenant's responsibility at Tenant's cost.
(6) There will be no Improvement Allowance, rent abatement, space planning allowance, moving allowance or if parties agree on a new building to which Lessee can move its operations, the parties hereto shall either other concessions.
(i7) execute an amendment to this Lease which redefines the Leased Premises to include the Adjacent Space or substitute the new building as the Leased Premises and recalculates rent by multiplying the rental rate set forth in Section 5.1 by the new square footage of the Leased Premises or (ii) enter into a new lease agreement under similar All other terms and conditions will be the same as those set forth herein. Notwithstanding the foregoing, any new lease or amendment to contained in this Lease entered into between the parties pursuant to this Article 23 shall include language which sets forth a term or extends the Term for a period of at least five (5) years commencing on the execution date of the amendment or the new lease or such other date as set forth therein. It is agreed by the parties that in the event the parties enter into a new lease pursuant to the terms of this Article 23, Lessee shall cause a guaranty, similar to the Guaranty granted to Lessor pursuant to Exhibit F hereto, be granted to LessorLease.
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Samples: Lease (Advancepcs)
Expansion. If Lessee requires more industrial space in addition to Module B or in Effective as of the event Lessee does not exercise its option to lease Module B, Lessor agrees to use its best efforts to provide the additional space adjacent to the Leased Premises as depicted on Exhibit H attached hereto and incorporated herein (the “Adjacent Space”). If the Adjacent Space cannot be delivered, Lessor shall provide another building (owned by Lessor) to provide the total industrial space required by Lessee. If Lessee agrees to move into another building owned by Lessor, Lessor agrees to earlier of (i) reimburse Lessee for all moving expenses incurred by Lessee in connection with the move and (ii) pay for fifty percent (50%) of the tenant improvements to be constructed first date on which Tenant conducts business in the new space. If Lessee decides to exercise its option to expand into the Adjacent Expansion Space or if parties agree on a new building to which Lessee can move its operations, the parties hereto shall either (i) execute an amendment pursuant to this Lease which redefines the Leased Premises to include the Adjacent Space or substitute the new building as the Leased Premises and recalculates rent by multiplying the rental rate set forth in Section 5.1 by the new square footage of the Leased Premises Amendment, or (ii) enter into a new lease agreement under similar November 1, 2016 (such earlier date being the “Expansion Effective Date”), the Premises shall be increased from 27,532 rentable square feet on the sixth floor to 40,341 rentable square feet on the fourth and sixth floors by the addition of the Expansion Space, and, from and after the Expansion Effective Date, the Existing Premises and the Expansion Space shall collectively be deemed the Premises. The term of the Lease for the Expansion Space (the “Expansion Term”) shall commence on the Expansion Effective Date and, unless sooner terminated in accordance with the Lease, end on the last day of the term of the Lease for the Existing Premises (which the parties acknowledge is November 30, 2022). From and after the Expansion Effective Date, the Expansion Space shall be subject to all the terms and conditions of the Lease except as those set forth provided herein. Except as may be expressly provided herein, (a) Tenant shall not be entitled to receive, with respect to the Expansion Space, any allowance, free rent or other financial concession granted with respect to the Existing Premises, and (b) no representation or warranty made by Landlord with respect to the Existing Premises shall apply to the Expansion Space. Notwithstanding the foregoing, Tenant may enter the Expansion Space as of the date hereof (and prior to the Expansion Effective Date), solely for the purpose of performing Tenant Improvement Work (defined below) and installing telecommunications and data cabling, equipment, furnishings and other personal property in the Expansion Space. Other than the obligation to pay Monthly Rent with respect to the Expansion Space, all of Tenant’s obligations under the Lease and hereunder shall apply during any new lease or amendment to this Lease entered into between the parties pursuant to this Article 23 shall include language which sets forth a term or extends the Term for a period of at least five (5) years commencing on the execution date of the amendment or the new lease or such other date as set forth therein. It is agreed by the parties that in the event the parties enter into a new lease pursuant early entry prior to the terms of this Article 23, Lessee shall cause a guaranty, similar to the Guaranty granted to Lessor pursuant to Exhibit F hereto, be granted to LessorExpansion Effective Date.
Appears in 1 contract
Expansion. If Lessee requires more industrial space Tenant shall have a right to require that the Landlord expand the Building at the Premises by an amount of approximately 75,000 square feet, subject to the availability of permits, zoning, building, fire and sprinkler codes, and all other legal requirements, in addition accordance with the following terms:
(A) In order to Module B or in the event Lessee does not exercise its option rights under this section, Tenant must give Landlord written notice of its election to lease Module Bexpand, Lessor agrees to use its best efforts to provide the additional space adjacent which notice shall include a statement as to the Leased Premises as depicted on Exhibit H attached hereto proposed size, location and incorporated herein description of the expansion (the “Adjacent Space”"Building Expansion"), on or before the 8th anniversary of the Rent Commencement Date. If Upon such election by Tenant, the Adjacent Space canfollowing shall apply:
(1) Such election shall be deemed an election to exercise the then- applicable renewal option set forth in Section 3.1 hereof, except that the term of such renewal together with the remainder of the then-existing Term (and with respect to both the then-existing Premises and the Building Expansion) shall not be delivered, Lessor shall provide another building less than 7 years (owned by Lessor) to provide the total industrial space required by Lessee. If Lessee agrees to move into another building owned by Lessor, Lessor agrees to (i) reimburse Lessee for all moving expenses incurred by Lessee in connection with the move understanding that the then-applicable renewal option set forth in Section 3.1 above shall be deemed exercised and the term of such renewal option extended to achieve such 7 year term), and except that the rent applicable to the existing Premises for any period in such term beyond the then-current Term shall be determined in accordance with the procedures set forth in Section 3.1.
(ii2) pay for fifty percent (50%) of the tenant The improvements to be constructed in connection with such expansion of the new spacePremises shall be constructed in accordance with the terms and procedures set forth in Section 14 hereof with respect to the Tenant Improvements, except that relating to the Allowance.
(3) The monthly Base Rent applicable to the Building Expansion shall be equal to that reflecting (i) amortization of the total cost of all building standard shell improvements (i.e., consistent with the Landlord's Work) which are part of the Building Expansion (including design, permitting, utility extensions, construction and the like) over a period of 20 years with interest at a rate which is 200 basis points in excess of the rate of interest then being paid on 10-year U.S. Treasury Bonds, and (ii) amortization of the total cost of all improvements beyond the building standard shell which are part of the Building Expansion (including design, permitting, utility extensions, construction and the like) over a period which is equal to the term of the Lease with interest at a rate of 10% per annum. If Lessee decides In addition, appropriate adjustments shall be made in the Tenant's Proportionate Share of Impositions and Operating Costs to exercise reflect the addition of the Building Expansion.
(B) Within 30 days after the Tenant's notice exercising its option right to expand into the Adjacent Space or if parties agree on a new building to which Lessee can move its operationsBuilding Expansion, the parties hereto shall either (i) execute an enter into a written amendment to this Lease which redefines setting forth the Leased Premises to include the Adjacent Space or substitute the new building as the Leased Premises and recalculates rent by multiplying the rental rate set forth in Section 5.1 by the new square footage of the Leased Premises or (ii) enter into a new lease agreement under similar terms and conditions as those set forth herein. Notwithstanding the foregoing, any new lease or amendment foregoing changes to this Lease entered into between the parties pursuant to this Article 23 shall include language which sets forth a term or extends the Term for a period of at least five (5) years commencing on the execution date of the amendment or the new lease or such other date as set forth therein. It is agreed by the parties that in the event the parties enter into a new lease pursuant to the terms of this Article 23, Lessee shall cause a guaranty, similar to the Guaranty granted to Lessor pursuant to Exhibit F hereto, be granted to LessorLease.
Appears in 1 contract
Samples: Lease Agreement (Drugstore Com Inc)