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. 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.
Fifth Expansion Premises.
(a) Demises. The “Fifth Expansion Premises” is the entire 23rd Floor of the Building consisting of 20,003 rentable square feet using an agreed 9.2% load factor. Landlord leases to Tenant, and Tenant leases from Landlord, the Fifth Expansion Premises. From and after the Fifth Expansion Commencement Date (as defined below), the Fifth Expansion Premises will be deemed a part of the Premises for all purposes. The “Fifth Expansion Commencement Date” means the date Landlord delivers the Fifth Expansion Premises to Tenant in the Improvable Condition (as defined below). As used herein, the term “Improvable Condition” shall mean broom clean condition and vacant so that Tenant will have exclusive possession of such Premises. The Fifth Expansion Premises is leased AS IS.
Fifth Expansion Premises. Commencing on the Fifth Expansion Commencement Date, Tenant shall pay, in addition to all sums otherwise payable under the Lease, Base Rent for the Fifth Expansion Premises in the following amounts; provided, such Base Rent for the Fifth Expansion Premises shall be abated for a period commencing on the Fifth Expansion Commencement Date and expiring the last calendar day of the sixth (6th) full calendar month thereafter as shown below: *Any first partial month is charged a prorated portion of this amount.
Fifth Expansion Premises. Subject to the provisions of this Amendment, effective as of January 1, 2021 (the “Effective Date”), the Leased Premises shall be expanded to include the approximately 4,109 rentable square feet of space in the 504 Building commonly known as Suite 201 (the “Fifth Expansion Premises”) as generally depicted on Exhibit A. Subject to all of the terms and conditions of the Original Lease except for the payment of Rent, Landlord shall provide Tenant with early access to the Fifth Expansion Premises following the date in which such space is vacated by the existing tenant, anticipated to be approximately December 19, 2020. If Landlord is unable to deliver possession of the Fifth Expansion Premises to Tenant in accordance with the foregoing provisions, then Landlord shall not be in default hereunder or be liable for damages therefor and Tenant shall accept possession on the date when Landlord delivers possession thereof to Tenant (which date will then be the Effective Date). The term, with respect to the Fifth Expansion Premises only, shall expire on August 31, 2023 (for the avoidance of doubt, no options to renew shall be applicable to the Fifth Expansion Premises).
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 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. 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. 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.
