Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERM") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATE"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATE") unless this Lease is sooner terminated or extended as herein provided. For purposes of this Lease, the term "LEASE YEAR" shall mean each consecutive twelve (12) month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following the Lease Commencement Date, Landlord shall deliver to Tenant a Notice of Lease Term Dates in the form as set forth in EXHIBIT C, attached hereto (or a reasonably comparable form), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty (20) business days of receipt thereof, provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such twenty (20) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be binding upon Landlord and Tenant.
Appears in 1 contract
Samples: Office Lease (Navarre Corp /Mn/)
Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERM") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATE"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATE") unless this Lease is sooner terminated as hereinafter provided. Tenant shall have the right to occupy the Premises prior to the Lease Commencement Date for the conduct of Tenant's business, provided that (A) Tenant shall give Landlord at least ten (10) days' prior notice of any such occupancy of the Premises, (B) a temporary certificate of occupancy, or extended its equivalent, shall have been issued by the appropriate governmental authorities for the Premises, and (C) all of the terms and conditions of the Lease shall apply, other than Tenant's obligation to pay "Base Rent," as herein providedthat term is defined in Article 3, below, and "Tenant's Share" of the annual "Direct Expenses," as those terms are defined in Article 4, below, as though the Lease Commencement Date had occurred (although the Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of the second sentence of this Article 2) upon such occupancy of the Premises by Tenant. For purposes of this Lease, the term "LEASE YEAR" shall mean each consecutive twelve (12) month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh twelfth month thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six thirty (630) months days following the Lease Commencement DateDate (and, if applicable, the commencement of any Option Term), Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT C, attached hereto (or a reasonably comparable form)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty ten (2010) business days of receipt thereof, provided that if said in the event that such notice is not factually correct, then Tenant shall have the right to make such changes as are may be necessary to make the notice same factually correct and shall thereafter execute and return such notice the same to Landlord within such twenty ten (2010) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be binding upon Landlord and Tenant.
Appears in 1 contract
Samples: Office Lease (Equity Marketing Inc)
Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERMLease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATELease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATELease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. Tenant shall have the right to occupy the Second Floor Premises and/or the Third Floor Premises subsequent to the delivery of such space by Landlord pursuant to the terms of Section 1 of the Tenant Work Letter and prior to the expiration of the applicable Construction Period for such space for the conduct of Tenant's business, provided that (A) Tenant shall give Landlord at least ten (10) days' prior notice of any such occupancy of any such portion of the Premises, (B) a temporary certificate of occupancy, or extended its equivalent, shall have been issued by the appropriate governmental authorities for any such portion of the Premises, and (C) all of the terms and conditions of the Lease shall apply, other than Tenant's obligation to pay "Base Rent," as herein providedthat term is defined in Article 3, below, and "Tenant's Share" of the annual "Direct Expenses," as those terms are defined in Article 4, below, as though the Lease Commencement Date had occurred (although the Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of the second sentence of this Article 2.1) upon such occupancy of any such portion of the Premises by Tenant. For purposes of this Lease, the term "LEASE YEARLease Year" shall mean each consecutive twelve (12) month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh twelfth month thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six thirty (630) months days following the Lease Commencement DateDate (and, if applicable, the commencement of any Option Term), Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT Exhibit C, attached hereto (or a reasonably comparable form)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty ten (2010) business days of receipt thereof, provided that if said in the event that such notice is not factually correct, then Tenant shall have the right to make such changes as are may be necessary to make the notice same factually correct and shall thereafter execute and return such notice the same to Landlord within such twenty ten (2010) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be binding upon Landlord and Tenant.
Appears in 1 contract
Samples: Office Lease (Artistdirect Inc)
Initial Lease Term. The terms and provisions TCC's of this Lease shall be effective as of ------------------ the date of this Lease. The term of this Lease (the "LEASE TERM") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATE"), and shall terminate ----------- on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION ----------- DATE") unless this Lease is sooner terminated or extended as herein hereinafter provided. For purposes of this Lease, the term "LEASE YEAR" shall mean each consecutive twelve (12) month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter and the second and each succeeding Lease Year shall commence on the first day of the -6- next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following At any time during the Lease Commencement DateTerm, Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT C, attached hereto (or a reasonably comparable form)--------- hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty ten (2010) business days of receipt thereof. Notwithstanding the anticipated Lease Commencement Date set forth in Section 3.3 of the Summary (the "ANTICIPATED LC DATE"), provided that if said notice is not factually correctTenant may toll such Anticipated LC Date in one (1) month increments, then Tenant shall make such changes as are necessary up to make a maximum extension of six (6) months, by delivering the notice factually correct and shall thereafter execute and return such notice following to Landlord within on or before the date which is twelve (12) months prior to the then- existing Anticipated LC Date, as previously extended: (i) written notice (a "TOLLING NOTICE") to Landlord setting forth that Tenant is thereby extending the Anticipated LC Date by one (1) or more months (up to the cumulative total of six (6) months), and (ii) concurrently with such twenty Tolling Notice, a payment (20"TOLLING PAYMENT") business day periodin an amount equal to $20,000 for each month so extended by such Tolling Notice. Once Notwithstanding the Notice foregoing, Landlord shall have no liability to Tenant for any damages resulting from any delay in delivering possession of Building B to Tenant on the scheduled Anticipated LC Date, except as specifically set forth in this Lease Term Dates is executed and delivered by Landlord and Tenant, Section 5.4 of the same shall be binding upon Landlord and TenantTenant Work Letter.
Appears in 1 contract
Samples: Terms of Lease (Diversa Corp)
Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERMLease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATELease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATELease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. Notwithstanding the foregoing, Landlord and Tenant agree that, if the Xxxxxxxxx is terminated prior to March 31, 2020, and Tenant is not then in default under this Lease beyond any applicable notice and cure period, then Landlord and Tenant shall enter into a direct lease with respect to the Phase 2 Premises on the same terms and conditions of the Xxxxxxxxx from the date of such execution through March 31, 2020. Tenant hereby acknowledges that the Phase 1 Premises is currently occupied by another tenant of the Building. If Landlord is unable for any reason to deliver possession of the Phase 1 Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or extended as herein providedthe obligations of Tenant hereunder. For purposes of this Lease, the term "LEASE YEARLease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following For purposes of this Lease, the term "Lease Month" shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT Exhibit C, attached hereto (or a reasonably comparable form)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty ten (2010) business days of receipt thereof, provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such twenty (20) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be binding upon Landlord and Tenant.
Appears in 1 contract
Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this LeaseEffective Date. The term of this Lease with respect to each Phase of the Premises (each the applicable "LEASE TERMLease Term") shall be the period commencing on the Lease Commencement Date (as set forth in Section 3.1 defined below) for such Phase of the Summary, Premises and ending on the Lease Expiration Date (as defined below) for such Phase of the Premises. The term of the Lease Term shall commence with respect to each Phase of the Premises on the applicable date set forth in Section 3.2 of the Summary for such Phase of the Premises (each, the applicable "LEASE COMMENCEMENT DATELease Commencement Date"), and . The Lease Term with respect to each Tranche of the Premises shall terminate on the date set forth in Section 3.3 of the Summary as the Lease Expiration Date with respect to such Tranche (each, the applicable "LEASE EXPIRATION DATELease Expiration Date") unless this Lease is sooner terminated or extended as herein hereinafter provided. For purposes If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then, except as expressly set forth in this Lease and/or the Work Letter, Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease, Lease or the term "LEASE YEAR" shall mean obligations of Tenant hereunder. Promptly following each consecutive twelve (12) month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following the Lease Commencement Date, Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT Exhibit C, attached hereto (or a reasonably comparable form"Commencement Letters"), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty thirty (2030) business days of receipt thereof, provided that if said notice is not factually correct, then . If Tenant shall make such changes as are necessary fails to make the notice factually correct and shall thereafter execute sign and return such notice a particular Commencement Letter to Landlord within such twenty thirty (2030) business day period. Once days of its receipt from Landlord, the Notice of Lease Term Dates is executed and delivered Commencement Letter as sent by Landlord shall be deemed to have correctly set forth the matters addressed in it. If Landlord fails to deliver a Commencement Letter to Tenant within thirty (30) days after a particular Lease Commencement Date, Tenant shall be permitted to prepare and send to Landlord such particular Commencement Letter. If Landlord fails to sign and return a particular Commencement Letter to Tenant within thirty (30) days of its receipt from Tenant, the same Commencement Letter as sent by Tenant shall be binding upon Landlord and Tenantdeemed to have correctly set forth the matters addressed in it.
Appears in 1 contract
Samples: Office Lease (Salesforce Com Inc)
Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERMLease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATELease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATELease Expiration Date") unless this Lease is sooner terminated or extended as herein hereinafter provided. For purposes of this Lease, the term "LEASE YEARLease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following For purposes of this Lease, the term "Lease Month" shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT Exhibit C, attached hereto (or a reasonably comparable form)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty five (205) business days of receipt thereof. Landlord and Tenant hereby acknowledge that Tenant leases certain space commonly known as Suite 400 on the fourth (4th) floor of that certain building located at 0000 Xxxxxx Xxxxxx ./ -/// -10- XXXXXX REALTY, provided that if said notice is not factually correctL.P. [ACADIA Pharmaceuticals Inc.] Drive from another tenant (the "Sublease Premises"). If the Lease Commencement Date shall occur after the expiration date (i.e., after May 31, 2020) or earlier termination of such sublease of the Sublease Premises, then Landlord and Tenant shall make enter into a direct lease for the Sublease Premises in a form materially consistent with Exhibit I attached hereto for a term commencing on the expiration of such changes as are necessary to make sublease and expiring on the notice factually correct and shall thereafter execute and return such notice to Landlord within such twenty (20) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be binding upon Landlord and TenantCommencement Date.
Appears in 1 contract
Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. Tenant may not occupy the Premises for the conduct of its business prior to the Lease Commencement Date. The term of this Lease (the "LEASE TERM"“Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATE"“Lease Commencement Date”), and shall terminate on the date set forth in Section 3.3 3.4 of the Summary (the "LEASE EXPIRATION DATE"“Lease Expiration Date”) unless this Lease is sooner terminated or extended as herein hereinafter provided. For purposes of this Lease, the term "LEASE YEAR" “Lease Year” shall mean each consecutive twelve (12) month Lease Month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. For purposes of this Lease, the term “Lease Month” shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date. Within six (6) months following a reasonable period of time after the occurrence of the Lease Commencement Date, Landlord the parties shall deliver to Tenant execute a Notice of Lease Term Dates notice confirming key dates and other information in the form attached hereto as set forth in EXHIBIT Exhibit C, attached hereto (or a reasonably comparable form)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty (20) business days of receipt thereof, provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such twenty (20) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant; however, the same failure of the parties to execute such letter shall be binding upon Landlord and Tenantnot defer the Lease Commencement Date or otherwise invalidate this Lease or constitute a breach or default hereunder.
Appears in 1 contract
Samples: Office Lease (F5 Networks Inc)
Initial Lease Term. The Initial Lease Term shall be as set forth in Section 7.1 of the Summary and shall commence on the date (the “Rent Commencement Date”) referred to in Section 7.2 of the Summary and shall terminate on the date (the “Lease Expiration Date”) set forth in Section 7.5 of the Summary, unless sooner terminated or extended as hereinafter provided. The period between the Rent Commencement Date and the Lease Expiration Date is referred to as the “Initial Lease Term”. For purposes of this Lease, the term “Lease Year” shall mean each consecutive twelve (12) month period during the Lease Term starting with the Rent Commencement Date, and “Lease Term” shall mean the Initial Lease Term, as same may be extended. At any time during the Lease Term, Landlord may deliver to Tenant a Notice of Lease Term dates in the form as set forth in Exhibit C, attached hereto, which notice Tenant shall execute and return to Landlord within five (5) days of receipt thereof. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERM") shall be as set forth in Section 3.1 , provided that, for clarity, regardless of the Summary, shall commence on the date set forth in Section 3.2 Tenant actually occupies any of the Summary Phases (but subject to any additional Base Rent abatement arising from Landlord’s unexcused failure to achieve the "LEASE COMMENCEMENT DATE"BSC Completion Condition by the Outside BSC Completion Date), (i) Tenant’s obligation to pay Base Rent for Phase I-A and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATE") unless this Lease is sooner terminated or extended as herein provided. For purposes of this Lease, the term "LEASE YEAR" shall mean each consecutive twelve (12) month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter and the second and each succeeding Lease Year Phase I-B shall commence on the first day of the next calendar monththirteenth (13th) month of the Initial Lease Term (and Tenant’s obligation to pay Direct Expenses for Phases I-A and I-B shall commence on the Rent Commencement Date); (ii) Tenant’s obligation to pay Base Rent for Phase II shall commence on the first day of the twentieth (20th) month of the Initial Lease Term (and Tenant’s obligation to pay Direct Expenses for Phase II shall commence on the Phase II Determination Date); and further provided that the last Lease Year (iii) Tenant’s obligation to pay Base Rent for Phase III shall end commence on the Lease Expiration Date. Within six first day of the twenty-sixth (626th) months following month of the Lease Commencement Date, Landlord shall deliver to Tenant a Notice of Initial Lease Term Dates in (and its obligation to pay Direct Expenses for Phase III shall commence on the form as set forth in EXHIBIT C, attached hereto (or a reasonably comparable formPhase III Determination Date), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty (20) business days of receipt thereof, provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such twenty (20) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be binding upon Landlord and Tenant.
Appears in 1 contract
Samples: Beyond Meat, Inc.
Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this LeaseEffective Date. The term of this "Lease (the "LEASE TERM") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATE"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATE") unless this Lease is sooner terminated or extended as herein provided. For purposes of this Lease, the term "LEASE YEARYear" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following For purposes of this Lease, the term "Lease Month" shall mean each succeeding calendar month during the Lease Term; provided, however, that the first Lease Month shall commence on the Lease Commencement DateDate and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Month shall be that calendar month). At any time during the Lease Term, Landlord shall may deliver to Tenant a Notice of Lease Term Dates substantially in the form as set forth in EXHIBIT C, Exhibit C attached hereto (or a reasonably comparable formthe "Notice of Lease Term Dates"), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty fifteen (2015) business days of receipt thereof, ; provided that if said notice Notice of Lease Term Dates is not factually correct, then Tenant shall may make such changes as are necessary to make the notice Notice of Lease Term Dates factually correct correct, and shall thereafter execute and return such notice revised Notice of Lease Term Dates to Landlord within such twenty (20) 15-business day period. Once The dates set forth on the fully executed Notice of Lease Term Dates shall be conclusive and binding upon Landlord and Tenant, unless Landlord sends a written notice to Tenant rejecting Tenant's changes, whereupon this procedure shall be repeated until the parties mutually agree upon the contents of the Notice of Lease Term Date. If Landlord fails to send Tenant the Notice of Lease Term Dates is executed within thirty (30) days following the Lease Commencement Date, Tenant may send written notice to Landlord substantially in the form of the Notice of Lease Term Dates. In such event, Landlord shall acknowledge Tenant's Notice of Lease Term Dates by executing a copy thereof and delivered by Landlord and Tenant, returning the same to Tenant within fifteen (15) business days; provided that if such Notice of Lease Term Dates is not factually correct, Landlord shall make such changes to the Notice of Lease Term Dates as are necessary to make such Notice of Lease Term Dates factually correct, which revised Notice of Lease Term Dates shall thereafter be binding upon Landlord and Tenantsubject to the procedure for finalization set forth in this Section.
Appears in 1 contract
Samples: Office Lease (Reddit, Inc.)
Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this LeaseLease except for the provisions of this Lease relating to the payment of Rent. The term of this Lease (the "LEASE TERMLease Term") shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date (the "Lease Commencement Date") set forth in Section 3.2 7.2 of the Summary (the "LEASE COMMENCEMENT DATE")Summary, and shall terminate on the date (the "Lease Expiration Date") set forth in Section 3.3 7.3 of the Summary (the "LEASE EXPIRATION DATE") Summary, unless this Lease is sooner terminated as hereinafter provided. The parties acknowledge that Tenant is currently leasing from Landlord the Original Premises under the Original Leases. Landlord and Tenant agree that on the Lease Commencement Date, the Original Leases shall immediately terminate and be of no further force or extended as herein providedeffect and this Lease shall govern Tenant's lease of the entirety of the Premises. For purposes of this Lease, the term "LEASE YEARLease Year" shall mean each consecutive twelve (12) month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh twelfth (12th) month thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following Once during the Lease Commencement DateTerm, Landlord shall may deliver to Tenant a Notice notice of Lease Term Dates dates in the form as set forth in EXHIBIT Exhibit C, attached hereto (or a reasonably comparable form), as a confirmation only of the information set forth thereinhereto, which notice Tenant shall execute and return to Landlord within twenty five (205) business days of receipt thereof, provided that if said and thereafter the dates set forth on such notice is not factually correct, then shall be conclusive and binding upon Tenant. Failure of Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter timely execute and return such notice to Landlord within such twenty (20) business day period. Once deliver the Notice of Lease Term Dates is executed shall constitute an acknowledgment by Tenant that the statements included in such notice are true and delivered by Landlord and Tenantcorrect, the same shall be binding upon Landlord and Tenantwithout exception.
Appears in 1 contract
Samples: Office Lease (Ticketmaster)
Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERM"“Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATE"“Lease Commencement Date”), and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATE"“Lease Expiration Date”) unless this Lease is sooner terminated or extended as herein hereinafter provided. For purposes of this Lease, the term "LEASE YEAR" “Lease Month” shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year Month shall commence on the Lease Commencement Date and (a) if the Lease Commencement Date shall be the first day of a calendar month, then it shall end on the last day of said calendar month, or (b) if the eleventh month thereafter and the second and each succeeding Lease Year Commencement Date shall commence on be other than the first day of the next a calendar month; and further provided that the last Lease Year , then it shall end on the Lease Expiration Datelast day of said calendar month (and, accordingly, shall be shorter than a calendar month). Within six (6) months following At any time during the Lease Commencement Date, Term. Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT C, Exhibit C. attached hereto (or a reasonably comparable formthe “Notice of Lease Term Dates”), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty ten (2010) business days of receipt thereof, thereof (provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such twenty ten (2010) business day period), and thereafter the dates set forth on such notice shall be conclusive and binding upon ‘Tenant. Once Failure of Tenant to timely execute and deliver the Notice of Lease Term Dates is executed shall constitute an acknowledgment by Tenant that the statements included in such notice are true and delivered by Landlord and Tenantcorrect, the same shall be binding upon Landlord and Tenantwithout exception.
Appears in 1 contract
Samples: Office Lease (KAYAK SOFTWARE Corp)
Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERMLease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date Phase I Lease Commencement Date set forth in Section 3.2 of the Summary (Summary, with each subsequent Lease Commencement Date for its respective Phase of the "LEASE COMMENCEMENT DATE")Premises commencing on the applicable dates set forth in Section 3.2 of the Summary, and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATELease Expiration Date") unless this Lease is sooner terminated or extended as herein hereinafter provided. The term "Lease Commencement Date" when used in this Lease shall mean the Phase I Lease Commencement Date unless specified to the contrary. For purposes of this Lease, the term "LEASE YEARLease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Phase I Lease Commencement Date and end on the last day of the eleventh twelfth (12th) full calendar month thereafter following the first Lease Commencement Date that occurs immediately following the Phase I Lease Commencement Date, provided that if the first Lease Commencement Date that occurs immediately following the Phase I Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall instead end on the day immediately preceding the first anniversary of such first Lease Commencement Date that occurs immediately following the Phase I Lease Commencement Date, and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months Promptly following Landlord's delivery of each Phase of the Lease Commencement DatePremises to Tenant, Landlord shall deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT Exhibit C, attached hereto (or a reasonably comparable form)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty ten (2010) business days of receipt thereof, provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such twenty (20) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be binding upon Landlord and Tenant.
Appears in 1 contract
Samples: Office Lease (Nektar Therapeutics)
Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERM"“Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATE"“Lease Commencement Date”), and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATE"“Lease Expiration Date”) unless this Lease is sooner terminated or extended as herein hereinafter provided. For purposes of this Lease, the term "LEASE YEAR" “Lease Year” shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following For purposes of this Lease, the term “Lease Month” shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT Exhibit C, attached hereto (or a reasonably comparable form)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty five (205) business days of receipt thereof, provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such twenty (20) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be binding upon Landlord and Tenant.
Appears in 1 contract
Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this LeaseEffective Date. The term of this Lease (the "LEASE TERM"“Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the date Lease Commencement Date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATE"“Lease Commencement Date”), and shall terminate on the date set forth in Section 3.3 of the Summary as the Lease Expiration Date (the "LEASE EXPIRATION DATE"“Lease Expiration Date”) unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then, except as expressly set forth in this Lease and/or the Work Letter, Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or extended as herein providedthe obligations of Tenant hereunder. For purposes of this Lease, the term "LEASE YEAR" “Lease Year” shall mean each consecutive twelve (12) month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter in which the first anniversary of the Lease Commencement Date occurs and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months Promptly following the Lease Commencement Date, Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT Exhibit C, attached hereto (or a reasonably comparable form“Commencement Letter”), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty thirty (2030) business days of receipt thereof. If Tenant fails to sign and return a Commencement Letter to Landlord within thirty (30) days of its receipt from Landlord, provided that if said notice the Commencement Letter was sent by Landlord shall be deemed to have correctly set forth the matters addressed in it. If Landlord fails to deliver a Commencement Letter to Tenant within thirty (30) days after the Lease Commencement Date, Tenant shall be permitted to prepare and send to Landlord such Commencement Letter. If Landlord fails to sign and return a Commencement Letter to Tenant within thirty (30) days of its receipt from Tenant, the Commencement Letter was sent by Tenant shall be deemed to have correctly set forth the matters addressed in it. Landlord shall use commercially reasonable efforts to deliver the Premises to Tenant in the Delivery Condition on or before January 7, 2016. If the Premises is not factually correctdelivered to Tenant on or before March 4, 2016 (the “Outside Delivery Date”) in the Delivery Condition (as extended by the “Utility Grace Period” with respect to the “Infrastructure Work,” as those terms are defined in Section 1.3 of the Tenant Work Letter), Tenant shall be entitled to a day-for-day abatement of Base Rent for each day following the Outside Delivery Date until the earlier of (i) the date the Premises is delivered to Tenant in the Delivery Condition, and (ii) 60 days following the Outside Delivery Date. If the Premises is not delivered to Tenant in the Delivery Condition on or before 61 days following the Outside Delivery Date, Tenant shall be entitled to an abatement of Base Rent equal to twice the per diem Base Rent for each day starting on day 61, until the date the Premises is delivered to Tenant in the Delivery Condition. If Landlord does not deliver the Premises to Tenant in the Delivery Condition on or before July 6, 2016 (the “Outside Date”), then the sole remedy of Tenant for such failure shall make such changes as are necessary be the right to make the notice factually correct and shall thereafter execute and return such deliver a notice to Landlord (a “Termination Notice”) electing to terminate this Lease effective the date the Termination Notice is delivered to Landlord. The Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date nor later than August 1, 2016. The effectiveness of any such Termination Notice delivered by Tenant to Landlord shall be governed by the terms of this Section 2.1. If, prior to the Outside Date, Landlord determines that Landlord shall not deliver the Premises to Tenant in the Delivery Condition by the Outside Date, then Landlord shall have the right to deliver a written notice to Tenant stating Landlord’s opinion as to the date by which Landlord shall deliver the Premises to Tenant in the Delivery Condition, and Tenant shall be required, within such twenty ten (2010) business day perioddays after receipt of such notice, to deliver a notice to Landlord pursuant to which Tenant shall elect either (i) to terminate this Lease, in which case this Lease shall terminate and be of no further force or effect upon Landlord’s receipt of such notice, or (ii) to agree to extend the Outside Date to that date set forth in Landlord’s notice to Tenant. Once Failure by Tenant to deliver such notice or to make such election shall be deemed to be Tenant’s agreement to extend the Notice Outside Date to that date set forth in Landlord’s notice to Tenant. The Outside Date shall be extended to the extent of Lease Term Dates any delays in the “Substantial Completion of Landlord’s Work,” as that term is executed and delivered defined in Section 1.3 of the Tenant Work Letter, caused by Tenant. Upon any termination as set forth in this Section 2.1, Landlord and Tenant shall be relieved from any and all liability to each other resulting hereunder except that Landlord shall return to Tenant any prepaid rent and, in addition to the return of such prepaid rent, Landlord shall make a payment to Tenant, by check or wire transfer, in the same amount of $250,000.00 within thirty (30) days following the termination of the Lease (the “Termination Fee”). Tenant’s rights to terminate this Lease and receive the Termination Fee, as set forth in this Section 2.1, shall be binding upon Tenant’s sole and exclusive remedy at law or in equity for the failure of Landlord and Tenantto deliver the Premises to Tenant in the Delivery Condition on or before July 1, 2016.
Appears in 1 contract
Samples: Office Lease (Unity Software Inc.)
Initial Lease Term. The terms and provisions TCCs of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERM"“Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATE"“Lease Commencement Date”). The term of Tenant’s lease of the Additional Premises shall commence as set forth in Section 1.3, above. The term of this Lease with respect to the Initial Premises and the Additional Premises shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATE"“Lease Expiration Date”) unless this Lease is sooner terminated or extended as herein hereinafter provided. For purposes of this Lease, the term "LEASE YEAR" “Lease Year” shall mean each consecutive twelve (12) month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following At any time during the Lease Commencement DateTerm, Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT Exhibit C, attached hereto (or a reasonably comparable form)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty five (205) business days of receipt thereof, provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such twenty (20) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be binding upon Landlord and Tenant.
Appears in 1 contract
Samples: Office Lease (Memec Inc)
Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERM"“Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATE"“Lease Commencement Date”), and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATE"“Lease Expiration Date”) unless this Lease is sooner terminated or extended as herein hereinafter provided. For purposes of this Lease, the term "LEASE YEAR" “Lease Year” shall mean each consecutive twelve (12) month period during the Lease Term; provided, however, that that, if the Lease Commencement Date is any day other than the first (1st) day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter in which the first anniversary of the Lease Commencement Date occurs and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following For purposes of this Lease, the term “Lease Month” shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the calendar month in which the Lease Commencement Date occurs and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT Exhibit C, attached hereto (or a reasonably comparable form)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty five (205) business days of receipt thereof, provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such twenty (20) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be binding upon Landlord and Tenant.
Appears in 1 contract
Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERMLease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATELease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATELease Expiration Date") unless this Lease is sooner terminated or extended as herein hereinafter provided. For purposes of this Lease, the term "LEASE YEARLease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following For purposes of this Lease, the term "Lease Month" shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT Exhibit C, attached hereto (or a reasonably comparable form)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty five (205) business days of receipt thereof, provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such twenty (20) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be binding upon Landlord and Tenant.
Appears in 1 contract
Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERM"“Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATE"“Lease Commencement Date”), and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATE"“Lease Expiration Date”) unless this Lease is sooner terminated or extended as herein hereinafter provided. For purposes of this Lease, the term "LEASE YEAR" “Lease Year” shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following For purposes of this Lease, the term “Lease Month” shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT C, Exhibit C attached hereto (or a reasonably comparable formthe “Commencement Notice”), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty ten (2010) business days of receipt thereof; provided, provided however, that if said notice the Commencement Notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice Commencement Amendment factually correct and shall thereafter execute and return such notice corrected Commencement Notice to Landlord within such twenty ten (2010) business day period. Once period and thereafter the dates set forth on such corrected Commencement Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be conclusive and binding upon Landlord Tenant and Landlord, unless Landlord, within ten (10) business days following receipt of Tenant’s changes, sends a notice to Tenant rejecting Tenant’s changes, whereupon this procedure shall be repeated until the parties mutually agree upon the contents of the Commencement Notice.
Appears in 1 contract
Samples: Genesis Campus Point (Heron Therapeutics, Inc. /De/)
Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERM"“Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATE"“Lease Commencement Date”), and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATE"“Lease Expiration Date”) unless this Lease is sooner terminated or extended as herein hereinafter provided. For purposes of this Lease, the term "LEASE YEAR" “Lease Year” shall mean each consecutive twelve (12) month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on (i) the last day of the eleventh (11th) calendar month thereafter and after the calendar month in which the Lease Commencement Date occurs if the Lease Commencement Date occurs on the first (1st) day of any calendar month, or (ii) the last day of the twelfth (12th) calendar month after the calendar month in which the Lease Commencement Date occurs if the Lease Commencement Date occurs on other than the first (1st) day of any calendar month, and, in either case, the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following At any time during the Lease Commencement DateTerm, Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT Exhibit C, attached hereto (hereto, or a such other reasonably comparable form)form used by Landlord from time to time, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty ten (2010) business days of receipt thereof, provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such twenty (20) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be binding upon Landlord and Tenant.
Appears in 1 contract
Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERM"“Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATE"“Lease Commencement Date”), and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATE"“Lease Expiration Date”) unless this Lease is sooner terminated or extended as herein hereinafter provided. For purposes of this Lease, the term "LEASE YEAR" “Lease Year” shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following For purposes of this Lease, the term “Lease Month” shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT Exhibit C, attached hereto (or a reasonably comparable form)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty ten (2010) business days of receipt thereof, ; provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such twenty ten (2010) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same ; further provided that such modified notice shall be binding unless Landlord within ten (10) business days following receipt of Tenant’s changes sends a notice to Tenant rejecting Tenant’s changes, whereupon this procedure shall be repeated until the parties mutually agree upon the contents of such notice. This Lease shall not be void or voidable as a result of Landlord’s failure to deliver the Premises to Tenant by any particular date; provided that the commencement date for Tenant’s lease of the Premises shall not occur until the Lease Commencement Date; and provided further that Landlord shall use commercially reasonable efforts to deliver possession of the Premises to Tenant Ready for Occupancy on or before June 1, 2014 (subject to extension on a day-for-day basis (i) for each day of delay in Tenant’s execution of this Lease and Tenant.delivery thereof to Landlord beyond February 28, 2014, (ii) to the extent of any “Tenant Delay” (as that term is defined in Section 5.2 of the Work Letter), and/or (iii) to the extent of any delays resulting from events of “Force Majeure” (as that term is defined in Section 29.16 of this Lease). In addition, if the Lease Commencement Date does not occur on or before June 30, 2014 (subject to extension on a day-for-day basis to the extent of any Tenant Delay and/or delays resulting from events of
Appears in 1 contract
Samples: Office Lease (Versartis, Inc.)
Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERMLease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATELease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATELease Expiration Date") unless this Lease is sooner terminated as hereinafter provided or extended as herein providedpursuant to the terms of Section 2.2 below. For purposes of this Lease, the term "LEASE YEARLease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following For purposes of this Lease, the term "Lease Month" shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT Exhibit C, attached hereto (or a reasonably comparable form)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty five (205) business days of receipt thereof, provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such twenty (20) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be binding upon Landlord and Tenant.
Appears in 1 contract
Samples: Office Lease (Retrophin, Inc.)
Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERM"“Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATE"“Lease Commencement Date”), and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATE"“Lease Expiration Date”) unless this Lease is sooner terminated or extended as herein provided. For purposes of this Lease, the term "LEASE YEAR" “Lease Year” shall mean each consecutive twelve (12) month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following the Lease Commencement Date, Landlord shall deliver to Tenant a Notice of Lease Term Dates in the form as set forth in EXHIBIT Exhibit C, attached hereto (hereto, or a reasonably comparable form), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty ten (2010) business days of receipt thereof, provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such twenty ten (2010) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be binding upon Landlord and Tenant.
Appears in 1 contract
Samples: Office Lease (Internet Brands, Inc.)
Initial Lease Term. The terms and provisions of this Lease with respect to all of the rentable square footage of the Building shall be effective as of the date of this Lease. The term of this Lease (the "LEASE TERM") shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the earlier to occur of (i) the date set forth Tenant opens for business in the Premises or (ii) the date which is later to occur of (1) the date of the expiration of the "CONSTRUCTION PERIOD," as that term is defined in Section 3.2 1.2 of the Summary Tenant Work Letter or (2) the date Landlord has substantially completed the Base Building, subject to punchlist items only, and has obtained a temporary or permanent Certificate of Occupancy for the Building (the "LEASE COMMENCEMENT DATE"), ) and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATE") set forth in Section 7.3 of the Summary, unless this Lease is sooner terminated or extended as herein hereinafter provided. For purposes of this Lease, the term "LEASE YEAR" shall mean each consecutive twelve (12) month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following the Lease Commencement Date, Landlord shall deliver to Tenant a Notice of Lease Term Dates (the "NOTICE OF LEASE TERM DATES") in the form as set forth in EXHIBIT Exhibit C, attached hereto (or a reasonably comparable form), as a confirmation only of the information set forth thereinhereto, which Notice Tenant shall execute and return to Landlord within twenty ten (2010) business days of receipt thereof, thereof (provided that if said notice Notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice Notice factually correct and shall thereafter execute and return such notice Notice to Landlord within such twenty ten (2010) business day period), and thereafter the dates set forth on such Notice shall be conclusive and binding upon Tenant and Landlord, unless Landlord within fifteen (15) business days following receipt of Tenant's changes sends a Notice to Tenant rejecting Tenant's changes, whereupon this procedure shall be repeated until the parties either (a) mutually agree upon the contents of Exhibit C, or (b) the contents are determined by arbitration pursuant to Section 29.29, below. Once Failure of Tenant to timely execute and deliver the Notice of Lease Term Dates shall constitute an acknowledgment by Tenant that the statements included in such Notice are true and correct, without exception. In the event Landlord shall fail to send Tenant Notice of the occurrence of the Lease Commencement Date within six (6) months following the Lease Commencement Date, Tenant may send to Landlord Notice of the occurrence of the Lease Commencement Date substantially in the form of the attached hereto as Exhibit C, which Notice Landlord shall acknowledge by executing a copy of the Notice and returning it to Tenant (provided that if said Notice is executed and delivered by Landlord and Tenantnot factually correct, the same Landlord shall make such changes to the Notice as are necessary to make such Notice factually correct, which revised Notice shall thereafter be binding upon Landlord and Tenantsubject to the procedure for finalization set forth in this Section 2.1).
Appears in 1 contract
Samples: Office Lease (Etoys Inc)
Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this LeaseLease is mutually executed and delivered (“Effective Date”). The term of this Lease (the "LEASE TERM"“Lease Term”) shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "LEASE COMMENCEMENT DATE"“Lease Commencement Date”), and shall terminate on the date set forth in Section 3.3 of the Summary (the "LEASE EXPIRATION DATE"“Lease Expiration Date”) unless this Lease is sooner terminated or extended as herein hereinafter provided. For purposes of this Lease, the term "LEASE YEAR" “Lease Year” shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on (i) the last day of the eleventh (11th) calendar month thereafter and after the calendar month in which the Lease Commencement Date occurs if the Lease Commencement Date occurs on the first (1st) day of any calendar month (i.e., a period equal to exactly twelve (12) calendar months), or (ii) the last day of the twelfth (12th) calendar month after the calendar month in which the Lease Commencement Date occurs if the Lease Commencement Date occurs on other than the first (1st) day of any calendar month (i.e., a period equal to exactly twelve (12) calendar months, plus the partial month during which the Lease Commencement Date occurs), and, in either case, the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following At any time during the Lease Commencement DateTerm, Landlord shall may deliver to Tenant a Notice of Lease Term Dates notice in the form as set forth in EXHIBIT Exhibit C, attached hereto (hereto, or a such other reasonably comparable form)form used by Landlord from time to time, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within twenty five (205) business days of receipt thereof, provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such twenty (20) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be binding upon Landlord and Tenant.
Appears in 1 contract
Samples: Office Lease (TrueCar, Inc.)
Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this LeaseLease except for the provisions of this Lease relating to the payment of Rent. The term of this Lease (the "LEASE TERM"“Lease Term”) shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date (the “Lease Commencement Date”) set forth in Section 3.2 7.2 of the Summary (the "LEASE COMMENCEMENT DATE")Summary, and shall terminate on the date (the “Lease Expiration Date”) set forth in Section 3.3 7.3 of the Summary (the "LEASE EXPIRATION DATE") Summary, unless this Lease is sooner terminated or extended as herein hereinafter provided. For purposes of this Lease, the term "LEASE YEAR" “Lease Year” shall mean each consecutive twelve (12) month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. Within six (6) months following At any time during the Lease Commencement DateTerm, Landlord shall may deliver to Tenant a Notice notice of Lease Term Dates dates in the form as set forth in EXHIBIT Exhibit C, attached hereto (or a reasonably comparable form), as a confirmation only of the information set forth thereinhereto, which notice Tenant shall execute and return to Landlord within twenty five (205) business days of receipt thereof, provided that if said and thereafter the dates set forth on such notice is not factually correct, then shall be conclusive and binding upon Tenant. Failure of Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter timely execute and return such notice to Landlord within such twenty (20) business day period. Once deliver the Notice of Lease Term Dates is executed shall constitute an acknowledgment by Tenant that the statements included in such notice are true and delivered by Landlord and Tenantcorrect, the same shall be binding upon Landlord and Tenantwithout exception.
Appears in 1 contract
Samples: Office Lease (Nara Bancorp Inc)