Fifth Expansion Premises. Landlord does hereby rent and lease to Tenant and Tenant does hereby rent and lease from Landlord for general office use reasonable and customary in Atlanta, Georgia, the space described below together with the non-exclusive right to use the common areas (as the same may from time to time be changed by Landlord) in common with all other Tenants of the Building and their licensees and invitees and in common with any other parties permitted by Landlord to use such areas, 8,491 rentable square feet of space located on the sixth floor of that certain building consisting of approximately 68,987 rentable square feet and commonly known as 0000 Xxxx Xxxxxxxxx, Xxxxxxx, Xxxxxxx, said space to be located as shown on the floorplans attached hereto as Exhibit "A-5" and made a part hereof by reference.
Fifth Expansion Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Fifth Expansion Premises. The Fifth Expansion Premises has been measured in accordance with the Building Owners and Managers Association Standard Method of Measurement (ANSI/BOMA Z65.1 1996). Notwithstanding anything herein to the contrary, Tenant is leasing the Fifth Expansion Premises in its as-in condition, broom clean, with all furniture, movable fixtures, equipment, cabling and personal property removed and all base Building systems serving the Fifth Expansion Premises in good operating order and repair. Landlord shall, in good faith, use reasonable efforts to deliver the Fifth Expansion Premises to Tenant by June 1, 2020 (the “Fifth Expansion Premises Delivery Date”). In the event that Landlord fails to deliver the Fifth Expansion Premises to Tenant by June 15, 2020, then commencing on June 15th and continuing until such date that the Fifth Floor Expansion Premises is delivered to Tenant, Tenant shall receive one day of abatement of Fifth Expansion Premises Base Rent for each day of delay.
Fifth Expansion Premises. The term of the Lease with respect to the Fifth Expansion Premises (the “Fifth Expansion Premises Term”) shall commence on December 1, 2020, and expire on June 30, 2026.
Fifth Expansion Premises. In addition to the “Base Rent” (as defined in the Original Lease) with respect to the Remainder Premises, commencing on December 1, 2020 (the “Fifth Expansion Premises Rent Commencement Date”), Tenant covenants and agrees to pay Landlord Base Rent with respect to the Fifth Expansion Premises (the “Fifth Expansion Premises Base Rent”) as follows:
Fifth Expansion Premises. In addition to paying Tenant’s “Pro Rata Share” (as defined in the Lease) of increases in “Expenses” (as defined in the Lease) and “Taxes” (as defined in the Lease) with respect to the Remainder Premises, commencing on January 1, 2022, and continuing throughout the Fifth Expansion Premises Term, Tenant shall pay its “Fifth Expansion Premises Pro Rata Share” (as defined below) of increases in Expenses over the Expenses for the “Fifth Expansion Premises Base Year” (as defined below) [subject to the Controllable Expenses Cap (as defined in Section 5.03.D. of the Original Lease)] and increases in Taxes over the Taxes for the Fifth Expansion Premises Base Year in accordance with the Lease (as amended by this Amendment). As used herein, (a) “Tenant’s Fifth Expansion Premises Pro Rata Share” shall mean 4.57% (i.e., based on a Total Rentable Area of the Building of 257,824 rentable square feet), and (b) the “Fifth Expansion Premises Base Year” for Expenses and Taxes shall mean calendar year 2021. Expenses for the Fifth Expansion Premises Base Year shall be grossed-up, as provided in Section 5.03.C. of the Original Lease, to reflect a ninety-five percent (95%) occupancy rate for the Building. Taxes for the Fifth Expansion Premises Base Year shall reflect actual Taxes assessed or imposed upon the Property or Landlord, as applicable, during the Fifth Expansion Premises Base Year.
Fifth Expansion Premises. In consideration of the rents, terms, provisions and covenants of this Amendment and the Lease, Landlord hereby leases unto Tenant and Tenant hereby rents and accepts from Landlord the “Fifth Expansion Premises” which is comprised of four second (2nd) floor suites in the building: Suites 201 (3,773 rentable square feet), 210 (3,142 rentable square feet), 250 (2,316 rentable square feet), and 260 (2,608 rentable square feet). The Suites collectively are 11,839 rentable square feet and will be combined with the Suite 200 Premises per Exhibit A attached hereto.
Fifth Expansion Premises. From and after the date of this Seventh Amendment, the Fifth Expansion Premises, and all references thereto in the Lease, shall mean the approximately 2,871 rentable square feet of space on the eighth (8th) floor of the Building consisting of (a) approximately 1,450 rentable square feet of space on the eighth (8th) floor of the Building known as Suite 8W04 ( “Suite 8W04”); and (b) approximately 1,421 rentable square feet of space on the eighth (8th) floor of the Building known as Suite 8W05 (“Suite 8W05”), both as outlined on the plans attached hereto and incorporated herein as Exhibit A.
Fifth Expansion Premises. In addition to the payments referenced in Section 5(A) above, Tenant shall pay Operating Expenses for the Fifth Expansion Premises to be calculated as follows: For purposes of calculating Tenant’s payments for Operating Expenses for the Fifth Expansion Premises pursuant to Section 2.6 of the Lease for that portion of the Term on and after the Fifth Expansion Premises Rent Commencement Date, with respect to the Fifth Expansion Premises only, the definition of “Base Operating Expenses” shall be: BASE OPERATING Landlord’s Operating Expenses (as defined in EXPENSES: Section 2.6 of the Lease) for calendar year 2008 being January 1, 2008 through December 31, 2008.
Fifth Expansion Premises. In addition to the payments referenced in Section 6(A) above, Tenant shall pay real estate taxes for the Fifth Expansion Premises to be calculated as follows: For purposes of calculating Tenant’s payments for real estate taxes for the Fifth Expansion Premises pursuant to Section 2.7 of the Lease for that portion of the Term on and after the Fifth Expansion Premises Rent Commencement Date, with respect to the Fifth Expansion Premises only, the definition of “Base Taxes” shall be: BASE TAXES: Landlord’s Tax Expenses (as defined in Section 2.7 of the Lease) for fiscal tax year 2009 being July 1, 2008 through June 30, 2009.
Fifth Expansion Premises. In addition to the Existing Premises, commencing on (a) the Initial Fifth Expansion Premises Commencement Date (as defined below) with respect to the Initial Fifth Expansion Premises, and (b) the Subsequent Fifth Expansion Premises (as defined below) with respect to the Subsequent Fifth Expansion Premises, Landlord leases to Tenant, and Tenant leases from Landlord, the Initial Fifth Expansion Premises and the Subsequent Fifth Expansion Premises.
