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. 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 full calendar 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. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”), as a confirmation of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof, and thereafter the dates set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment hereto. 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenant.
Appears in 2 contracts
Samples: Sublease Agreement (CrowdStrike Holdings, Inc.), Sublease Agreement (CrowdStrike Holdings, 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”) 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”)) that is the earlier to occur of (i) the date Tenant commences to conduct business in any portion of the Premises, and (ii) the of “Substantial Completion”, as that term is defined in this Article 2, of the Premises by Landlord, and shall terminate on the date set forth determined in accordance with Section 3.3 of the Summary (the “Lease Expiration Date”) unless this Lease is sooner terminated as hereinafter provided. For purposes of this Lease, “Substantial Completion” of the Premises shall occur upon the completion of construction, as reasonably determined by Landlord, of the “Tenant Improvements,” as that term is defined in the Tenant Work Letter, in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to the terms of the Tenant Work Letter and the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Lease YearPunchlist Items” shall mean each consecutive twelve only commercially reasonable punchlist items, the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items shall be corrected promptly by Landlord (12within thirty (30) month period during days following Xxxxxxxx’s receipt of written notice thereof from Tenant) without unreasonable interference with Xxxxxx’s use of or access to or from the Lease Term; provided, however, Premises. It is anticipated that the first Lease Year shall commence on the Lease Commencement Date and end on will occur within sixteen (16) weeks after mutual execution of this Lease (such date, the last “Target Commencement Date”), but this Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver the Premises to Tenant by any particular date, except as hereinafter provided. Notwithstanding anything to the contrary in this Lease, if the Lease Commencement Date does not occur within 60 days after the Target Commencement Date, other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeure, then Tenant, at its option, may terminate this Lease by written notice to Landlord given at any time after the expiration of such 60-day period but before the Lease Commencement Date actually occurs. In the event of such termination by Xxxxxx, the eleventh full calendar month thereafter first month’s Base Rent, Xxxxxx’s Share of Direct Expenses paid by Tenant and the second Security Deposit shall be fully refunded to Tenant (subject to Xxxxxxxx’s right to draw upon such Security Deposit as provided in Article 21 below) and each succeeding Lease Year neither party shall commence on the first day of the next calendar month; and have any further provided that the last Lease Year shall end on the Lease Expiration Dateobligations hereunder. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit “C”, attached hereto (the “Notice of Lease Term Dates”)hereto, as a confirmation only of the information set forth therein, which Tenant shall (absent manifest error) execute and return to Landlord within five (5) business days of receipt thereof, and thereafter the dates set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment hereto. 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenant.
Appears in 2 contracts
Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, 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”) 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”)) that is the earlier to occur of (i) the date Tenant commences to conduct business in any portion of the Premises, and (ii) the of “Substantial Completion”, as that term is defined in this Article 2, of the Premises by Landlord, and shall terminate on the date set forth determined in accordance with Section 3.3 of the Summary (the “Lease Expiration Date”) unless this Lease is sooner terminated as hereinafter provided. For purposes of this Lease, “Substantial Completion” of the Premises shall occur upon the completion of construction, as reasonably determined by Landlord, of the “Tenant Improvements,” as that term is defined in the Tenant Work Letter, in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to the terms of the Tenant Work Letter and the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Lease YearPunchlist Items” shall mean each consecutive twelve only commercially reasonable punchlist items, the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items shall be corrected promptly by Landlord (12within thirty (30) month period during days following Landlord’s receipt of written notice thereof from Tenant) without unreasonable interference with Tenant’s use of or access to or from the Lease Term; provided, however, Premises. It is anticipated that the first Lease Year shall commence on the Lease Commencement Date and end on will occur within sixteen (16) weeks after mutual execution of this Lease (such date, the last “Target Commencement Date”), but this Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver the Premises to Tenant by any particular date, except as hereinafter provided. Notwithstanding anything to the contrary in this Lease, if the Lease Commencement Date does not occur within 60 days after the Target Commencement Date, other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeure, then Tenant, at its option, may terminate this Lease by written notice to Landlord given at any time after the expiration of such 60-day period but before the Lease Commencement Date actually occurs. In the event of such termination by Tenant, the eleventh full calendar month thereafter first month’s Base Rent, Tenant’s Share of Direct Expenses paid by Tenant and the second Security Deposit shall be fully refunded to Tenant (subject to Landlord’s right to draw upon such Security Deposit as provided in Article 21 below) and each succeeding Lease Year neither party shall commence on the first day of the next calendar month; and have any further provided that the last Lease Year shall end on the Lease Expiration Dateobligations hereunder. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit “C”, attached hereto (the “Notice of Lease Term Dates”)hereto, as a confirmation only of the information set forth therein, which Tenant shall (absent manifest error) execute and return to Landlord within five (5) business days of receipt thereof, and thereafter the dates set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment hereto. 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenant.
Appears in 2 contracts
Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, 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”) 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. For purposes Notwithstanding the foregoing to the contrary, Tenant hereby acknowledges that the Premises are currently occupied by an existing tenant, and that Landlord shall have no liability to Tenant for any damages resulting from any delay in delivering possession of the Premises to Tenant on any particular delivery date designated by Landlord or designated in this LeaseLease if such delay is caused by the holding over of the prior tenant, and further provided that Landlord, at its expense, shall take all actions reasonably necessary to secure possession of the term “Lease Year” shall mean each consecutive twelve Premises (12) month period during the Lease Term; provided, however, that in no event shall Landlord be required to instigate legal proceedings). In the first Lease Year shall commence on event Landlord fails to deliver the Lease Commencement Date and end on the last day of the eleventh full calendar 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. At any time during the Lease Term, Landlord may deliver Premises to Tenant on or before May 1, 2002, then, for each day Landlord delays in delivering the Premises to Tenant, Tenant shall receive a notice rent credit in the form amount of Three Hundred Thirty-Six and No/100 Dollars ($336.00) per day. Notwithstanding the foregoing, in the event Landlord fails to deliver the Premises to Tenant on or before July 1, 2002 (which date shall be extended as set forth a result of any “Force Majeure,” as that term is defined in Exhibit CSection 29.16, attached hereto below) (the “Notice of Lease Term DatesOutside Date”), as a confirmation Tenant shall have the right, in Tenant’s discretion, to terminate this Lease by providing written notice to Landlord of such election by Tenant to termination this Lease (the information set forth therein“Termination Notice”), which Tenant shall execute and return to Landlord within Termination Notice must be given, if at all, no later than five (5) days after the Outside Date. Upon the proper delivery by Tenant of receipt thereofthe Termination Notice, this Lease shall automatically terminate and be of no further force or effect, and thereafter the dates set forth on such notice shall be conclusive Landlord and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment hereto. 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenant.be
Appears in 2 contracts
Samples: Assignment of Sublease (Jaguar Animal Health, Inc.), Assignment of Sublease (Jaguar Animal Health, 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”") 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. If Landlord is unable for any reason to deliver possession of the 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 the obligations of Tenant hereunder. For purposes of this Lease, the term “"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 full month 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 thereafter 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. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof, . Tenant's failure to execute and thereafter the dates set forth on return such notice to Landlord within such time shall be conclusive and binding upon Tenant; provided, however, Tenant that all the information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment hereto. 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (is as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenantspecified therein.
Appears in 2 contracts
Samples: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics 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”") 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 effect and this Lease shall govern Tenant's lease of the entirety of the Premises. 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 full calendar 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. At any time Once 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 (the “Notice of Lease Term Dates”), as a confirmation of the information set forth thereinhereto, which notice Tenant shall execute and return to Landlord within five (5) days of receipt thereof, and thereafter the dates set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment hereto. 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenant.
Appears in 1 contract
Samples: Office Lease (Ticketmaster)
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”"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 as 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 full calendar 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. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit EXHIBIT C, attached hereto (the “Notice of Lease Term Dates”)--------- hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) days of receipt thereof, and thereafter . Notwithstanding the dates set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that all information anticipated Lease Commencement Date set forth in any Notice Section 3.3 of Lease Term Dates shall be consistent with the terms and conditions Summary (the "ANTICIPATED LC DATE"), Tenant may toll such Anticipated LC Date in one (1) month increments, up to a maximum extension of this Leasesix (6) months, and such Notice of Lease Term Dates shall not constitute an amendment hereto. Failure of Tenant by delivering the following to timely execute and deliver Landlord on or before 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four date which is twelve (412) months prior to the Lease Commencement 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 for the purpose of constructing the Tenant Improvements by one (as defined below1) and installing furniture, fixtures and equipment; provided, however, that or more months (a) the provisions of this Lease, other than with respect up to the payment cumulative total of Base Rent and Building Direct Expenses six (as defined below6) months), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (dii) prior to concurrently with such entryTolling Notice, Tenant shall have delivered to Landlord an executed original of this Lease and a payment ("TOLLING PAYMENT") in an amount equal to: (i) Base Rent to $20,000 for each month so extended by such Tolling Notice. Notwithstanding the first (1st) month 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 Lease Term in which Base Rent is duescheduled Anticipated LC Date, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit except as specifically set forth in this Lease and Section 8 5.4 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to TenantTenant Work Letter.
Appears in 1 contract
Samples: Lease (Diversa Corp)
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,” as that term is defined in Section 4.1, below. 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 date set forth in Section 3.2 of the Summary (the “Lease Commencement Date”), ) set forth in Section 7.2 of the Summary (subject to the terms of the Tenant Work Letter) 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 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 commencing on the Lease Commencement Date and end ending on the last day of the eleventh full calendar month thereafter and the second and before 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 Dateanniversary thereof. At any time during the Lease Term, Landlord may deliver to Tenant a factually correct notice of Lease Term dates in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”), as a confirmation of the information set forth thereinhereto, which notice Tenant shall execute and return to Landlord within five (5) business days of receipt thereof. Notwithstanding the foregoing, Tenant shall be entitled to occupancy of the Premises when the same are “Ready for Occupancy” (as defined in Section 5.01 of the Tenant Work Letter), and thereafter the dates set forth on such notice further Tenant shall be conclusive and binding upon Tenant; provided, however, that all information set forth allowed to early entry to the Premises in any Notice of Lease Term Dates shall be consistent accordance with the terms and conditions of this Lease, and such Notice Section 6.1 of Lease Term Dates shall not constitute an amendment hereto. Failure of the 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date Work Letter for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenantpurposes described therein.
Appears in 1 contract
Samples: Lease Agreement (Buy Com Inc)
Initial Lease Term. The terms and provisions of this "Initial Lease shall be effective as Term" for the Premises ------------------ will commence, on a floor-by-floor basis, fifteen (15) days following Landlord's substantial completion of the date shell and core of this Lease. The term of this Lease the Building (as detailed on Exhibit D attached hereto) and --------- the tenant improvements (the “Lease Term”scope of which is described on Exhibit E attached hereto), including without limitation the --------- following:
(A) the utility and other systems servicing the Building and necessary for the operation of the Building or Tenant's occupancy and full enjoyment of the Premises (such as elevators, plumbing, heating, ventilating, air conditioning, electrical and security systems) shall be as set forth completed and in Section 3.1 good order and operating condition except for details of construction, decoration and mechanical adjustments which do not materially interfere with Tenant's use of the Summary, shall commence on the date set forth in Section 3.2 Premises;
(B) The lobby of the Summary Building and the entrances and public portions (including the “Lease garage), stairways, corridors and elevators (including freight elevators) of the Building shall have been finished (except for details of construction, decoration and mechanical adjustments which do not materially detract from the appearance of such areas or materially interfere with their use for normal purposes) and shall be in a clean and orderly condition affording reasonable access to all portions of the Premises;
(C) The exterior of the Building (including the installation of glass therein) shall have been completed except for minor portions thereof which in the aggregate do not materially affect Tenant's use of the Premises; and
(D) the tenant improvements on such floor have been substantially completed (meaning they are fully completed in accordance with the approved plans and specifications and ready for use by Tenant except for minor punchlist items that do not materially affect Tenant's use thereof). Additionally, Landlord shall have obtained a temporary Certificate of Occupancy for the Building and a temporary Certificate of Occupancy with respect to such floor of the Premises, each issued by the City of Bellevue. Tenant may use the fifteen (15) day period following substantial completion, as described above, to move its furniture and fixtures into the Premises. Each such date, on a floor-by-floor basis, is the "Commencement Date”), and shall terminate ." The Initial Lease Term will expire on the that date set forth in Section 3.3 of the Summary (the “Lease Expiration Date”) unless this Lease which is sooner terminated as 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 full calendar month thereafter eight (8) years following the last Commencement Date to occur for floors one through four. Landlord and Tenant shall confirm in writing the second and Commencement Date applicable to each succeeding Lease Year shall commence on the first day floor of the next calendar month; Premises. Landlord and further provided Tenant estimate that the last Lease Year Commencement Date shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form be as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”), as a confirmation follows for each of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof, and thereafter the dates set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment hereto. 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal tofloors: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is duefloor: February 1, plus 2001; (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are duesecond floor: February 15, plus 2001; (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditionsthird floor: March 1, Landlord may2001; and (iv) fourth floor: March 15, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenant2001.
Appears in 1 contract
Samples: Lease Agreement (Stamps Com Inc)
Initial Lease Term. The terms Subject to the satisfaction of the conditions set forth in Part I, Section 3 and provisions 4, and regardless of the date of the execution of this Agreement or of the Delivery Date as defined in this Agreement, the Term of this Lease shall commence effective retroactively to February 1, 1996 (the "Commencement Date") and shall extend for a period of fifteen (15) years thereafter, unless extended or earlier terminated as provided herein (the "Initial Lease Term").
Section 2.1.1. Tenant shall have the right to renew this Lease beyond the Initial Lease Term for two five (5) year renewal term(s) (the "Renewal Term(s)) by giving notice of the exercise of its renewal option at least one hundred twenty (120) days prior to the expiration of the Initial Lease Term and each Renewal Term. In the event Tenant is in default on the date of the giving of notice of its intent to renew the Lease, the notice may at Landlord's option be effective ineffective; in the event Tenant is in default on the date the applicable Renewal Term is to commence, then at Landlord's option the Renewal Term shall not commence and this Lease may expire as of the date of this Lease. The term of this Lease (the “Lease Term”) shall be as set forth in Section 3.1 end of the Summary, shall commence on Initial Lease Term or any applicable Renewal Term.
Section 2.1.2. Upon 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. For purposes termination of this Lease, whether by forfeiture, lapse of time or otherwise, or upon termination of Tenant's right to possession of the term “Lease Year” Premises, Tenant will at once surrender and deliver the Premises, together with all improvements thereof, to Landlord, (but, except as otherwise provided in Part II, Section 1.2, specifically excluding Tenant's Equipment) in good condition and repair, reasonable wear and tear excepted. At the time of surrender, Tenant shall mean each consecutive twelve (12) month period during the Lease Termremove Tenant's Equipment; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh full calendar 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. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”), as a confirmation of the information set forth therein, which Tenant shall execute repair any injury or damage done to the premises which may result from such removal and return shall restore the Premises to Landlord within five (5) days of receipt thereof, and thereafter the dates set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment hereto. 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months same condition as existed prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenantinstallation thereof.
Appears in 1 contract
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 "Lease Commencement Date," as that term is set forth in Section 3.2 of the Summary (the “Lease Commencement Date”)Summary, and shall terminate on the date "Lease Expiration Date," as that term is set forth in Section 3.3 of the Summary (the “Lease Expiration Date”) Summary, unless this Lease is sooner terminated or extended as hereinafter provided. This Lease is effective and binding upon Landlord and Tenant upon mutual execution and delivery hereof, notwithstanding the later Lease Commencement Date. For purposes of this Lease, the term “"Lease Year” " shall mean each consecutive twelve (12) month period during the Lease Term; provided, however, that however the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh twelfth (12th) full calendar 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 Datethereafter. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) business days of receipt thereof, and thereafter the dates set forth on ; provided that if such notice is not factually correct, then Tenant shall make such changes as are necessary to make such notice factually correct and shall thereafter return such notice to Landlord within said ten (10) business day period. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive and binding upon Tenant; provided, however, Tenant that all the information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment hereto. 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (is as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenantspecified therein.
Appears in 1 contract
Initial Lease Term. The terms and Subject to the provisions of this Lease shall be effective as of Section 2.1.1, 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 of execution as first set forth above (the "Commencement Date") and shall continue for a period of twenty (20) years following the "Rent Commencement Date" (as that term is defined below), subject to (i) the right of Tenant to extend the term as provided for in Section 3.2 of the Summary 2. 1.1 below and (ii) any earlier termination by either party, as permitted herein (the “"Initial Lease Commencement Date”Term"). Notwithstanding the foregoing, and shall terminate in the event the Lease Term expires on any day other than the date set forth in Section 3.3 last day of the Summary (the “Lease Expiration Date”) unless this Lease is sooner terminated as hereinafter provided. For purposes of this Leasea calendar month, the term “Lease Year” Term shall mean each consecutive twelve (12) month period during be automatically extended by the number of days necessary to cause the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end Term to expire on the last day of the eleventh full calendar month thereafter month.
SECTION 2.1.1. Tenant shall have the right to renew this Lease beyond the Initial Lease Term for two (2) successive ten (10) year renewal terms (the "Renewal Terms" and together with 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. At any time during the Initial Lease Term, Landlord may deliver the "Lease Term") by giving notice of the exercise of its renewal option at least fifteen (15) months prior to Tenant a notice in the form as set forth in Exhibit C, attached hereto (expiration of the “Notice of Initial Lease Term Dates”), as a confirmation with respect to the exercise of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereoffirst such renewal option, and thereafter prior to the dates set forth expiration of the first Renewal Term with respect to the exercise of the second renewal option. In the event Tenant is in default on such the date of the giving of notice of its intent to renew the Lease, the notice shall be conclusive ineffective; in the event Tenant is in default on the date the applicable Renewal Term is to commence, then the Renewal Term shall not commence and binding upon Tenant; provided, however, that all information set forth in any Notice this Lease shall expire as of the end of the Initial Lease Term Dates or the applicable Renewal Term. Tenant shall be consistent with have no right to renew this Lease beyond the expiration of the final Renewal Term. During each Renewal Term all of the terms and conditions of this LeaseLease shall continue to apply, and such Notice of Lease Term Dates shall not constitute an amendment hereto. Failure of Tenant to timely execute and deliver the Notice of Lease Term Dates shall constitute an acknowledgment by Tenant except that the statements included in such notice are true and correct, without exception. Tenant and its authorized agents, contractors, subcontractors and employees there shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior an adjustment to the Lease Commencement Date amount of Basic Rent as provided for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenant3.4 below.
Appears in 1 contract
Samples: Lease Agreement (Emeritus Corp\wa\)
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”") 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. For purposes of this Lease, the term “"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 full month 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 thereafter 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. 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 may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) 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, and thereafter L.P. [ACADIA Pharmaceuticals Inc.] Drive from another tenant (the dates set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment hereto"Sublease Premises"). 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to 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 enter into a direct lease for the purpose Sublease Premises in a form materially consistent with Exhibit I attached hereto for a term commencing on the expiration of constructing the Tenant Improvements (as defined below) such sublease and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of expiring on the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to TenantCommencement Date.
Appears in 1 contract
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 “Lease Commencement Date,” as that term is set forth in Section 3.2 of the Summary (the “Lease Commencement Date”)Summary, and shall terminate on the date “Lease Expiration Date,” as that term is set forth in Section 3.3 of the Summary (the “Lease Expiration Date”) Summary, unless this Lease is sooner terminated as 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 full calendar 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. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within ten (10) business days of receipt thereof; provided that if such notice is not factually correct, then Tenant shall make such changes as are necessary to make such notice factually correct and shall thereafter return such notice to Landlord within said ten (10) business day period. Tenant’s failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein. Notwithstanding the foregoing or anything to the contrary set forth in this Lease, Tenant shall have the right to occupy the Phase II Premises and/or the Hold Space (in the event that Tenant properly exercises its rights set forth in Section 1.3, above) (individually or collectively, as the content may require, the “Beneficial Occupancy Space”), for the conduct of Tenant’s business prior to the Phase II Lease Commencement Date, provided that (i) Tenant shall give Landlord at least five (5) days days’ prior notice of receipt thereofany such occupancy of the Beneficial Occupancy Space, (ii) a certificate of occupancy, temporary certificate of occupancy, or its legal equivalent shall have been issued by the appropriate governmental authorities for the Beneficial Occupancy Space, as may be required by such governmental authorities in order for Tenant to legally occupy the Beneficial Occupancy Space, and thereafter the dates set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that (iii) all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment hereto. 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at apply (other than Tenant’s sole risk and expenseobligation to pay Base Rent), at least four (4) months prior including Tenant’s obligation to pay Tenant’s Share of Building Direct Expenses attributable to the Beneficial Occupancy Space, as though the Phase II Lease Commencement Date for had occurred (although the purpose of constructing Phase II Lease Commencement Date shall not actually occur until the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification occurrence of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant same pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 3.2 of the Summary. Upon Tenant’s breach of any , above) upon such occupancy of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Beneficial Occupancy Space by Tenant.
Appears in 1 contract
Samples: Office Lease (Trulia, 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”) shall be as set forth in Section 3.1 of the Summary, shall commence on the Building A Lease Commencement Date with respect to the Building A Premises and shall commence on the Building B Lease Commencement date set forth in Section 3.2 of with respect to the Summary Building B Premises (the Building A Lease Commencement Date and the Building B Lease Commencement Date may each be referred to herein as 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 providedprovided or extended pursuant to Section 2.2 below. Notwithstanding any provision to the contrary set forth in this Lease, Tenant shall have the right to occupy the Premises prior to the applicable Lease Commencement Date for the conduct of its business, provided that (A) a temporary certificate of occupancy or its equivalent shall have been issued by the appropriate governmental authorities for each such portion to be occupied, and (B) all of the TCCs of this Lease shall apply as though the applicable Lease Commencement Date had occurred (although the applicable Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to the TCCs of the second sentence of this Section 2.1) upon such occupancy of a portion of the Premises by Tenant, the parties acknowledging that during any such period of early occupancy Tenant shall be obligated to pay (i) Base Rent, (ii) Tenant’s Share of the annual Direct Expenses and (iii) any other Additional Rent due under this Lease, applicable to the entirety of any floor (including any portion thereof) of the Premises occupied by Tenant prior to the applicable Lease Commencement Date for the conduct of its business, notwithstanding the Rent Abatement set forth in Section 3.2 below. Tenant’s entry into the Premises for the purposes of designing, constructing and installing the Improvements or installing and testing furniture, fixtures, and equipment in the Premises, shall not constitute the conduct of business by Tenant for purposes of the preceding sentence. For purposes of this Lease, the term “Building A Lease Year” shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Building A Lease Year shall commence on the Building A Lease Commencement Date and end on the last day of the eleventh full month in which the first anniversary of the Building A Lease Commencement Date occurs (or if the Building A Lease Commencement Date is the first day of a calendar month thereafter month, then the first Building A Lease Year shall commence on the Building A Lease Commencement Date and end on the day immediately preceding the first anniversary of the Building A Lease Commencement Date), and the second and each succeeding Building A Lease Year shall commence on the first day of the next calendar month; and further provided that the last Building A Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) business days of receipt thereof, and thereafter the dates set forth on provided that if such notice is not factually correct, then Tenant shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and make such Notice of Lease Term Dates shall not constitute an amendment hereto. Failure of Tenant changes as are necessary to timely execute and deliver the Notice of Lease Term Dates shall constitute an acknowledgment by Tenant that the statements included in make such notice are true factually correct and correct, without exception. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during thereafter return such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered notice to Landlord an executed original of this Lease and payment in an amount equal to: within said ten (i10) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenantbusiness day period.
Appears in 1 contract
Samples: Office Lease (Box Inc)
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”) 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 3.4 of the Summary (the “Lease Expiration Date”) unless this Lease is sooner terminated or extended as hereinafter provided. For purposes of this Lease, the term “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 full calendar 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. At any time 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 a reasonable period of time after the occurrence of the Lease Commencement Date, Landlord may deliver to Tenant the parties shall execute a notice confirming key dates and other information in the form attached hereto as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof, and thereafter the dates set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice the failure of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and parties to execute such Notice of Lease Term Dates letter shall not constitute an amendment hereto. 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to defer the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of or otherwise invalidate this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s or constitute a breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenantor default hereunder.
Appears in 1 contract
Samples: Office Lease (F5 Networks 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 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 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 that 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” "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 full calendar 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. At any time during Within thirty (30) days following the Lease Commencement Date (and, if applicable, the commencement of any Option Term), Landlord may deliver to Tenant a notice in the form as set forth in Exhibit EXHIBIT C, attached hereto (the “Notice of Lease Term Dates”)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) days of receipt thereof, and thereafter provided that in the dates set forth on event that such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall is not constitute an amendment hereto. 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 factually correct, without exception. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered the right to make such changes as may be necessary to make the same factually correct and shall thereafter execute and return the same to Landlord an executed original of this Lease and payment in an amount equal to: within such ten (i10) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenantday period.
Appears in 1 contract
Samples: Office Lease (Equity Marketing 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”"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”), "LEASE COMMENCEMENT DATE") 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 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 full calendar 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. At any time during Within six (6) months following the Lease TermCommencement Date, Landlord may shall deliver to Tenant a notice Notice (the "NOTICE OF LEASE TERM DATES") in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”), as a confirmation of the information set forth thereinhereto, which Notice Tenant shall execute and return to Landlord within five ten (510) business days of receipt thereofthereof (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 ten (10) business day period), and thereafter the dates set forth on such notice Notice shall be conclusive and binding upon Tenant and Landlord, unless Landlord within fifteen (15) business days following receipt of Tenant; provided's changes sends a Notice to Tenant rejecting Tenant's changes, however, that all information set forth in any Notice of Lease Term Dates whereupon this procedure shall be consistent with repeated until the terms and conditions parties either (a) mutually agree upon the contents of this LeaseExhibit C, and such Notice of Lease Term Dates shall not constitute an amendment heretoor (b) the contents are determined by arbitration pursuant to Section 29.29, below. 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 Notice are true and correct, without exception. In the event Landlord shall fail to send Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon Notice of the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to occurrence of the Lease Commencement Date for within six (6) months following the purpose of constructing the Lease Commencement Date, Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect may send to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification Landlord Notice of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month occurrence of the Lease Term Commencement Date substantially in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months form of the Lease Term in attached hereto as Exhibit C, which Building Direct Expenses Notice Landlord shall acknowledge by executing a copy of the Notice and returning it to Tenant (provided that if said Notice is not factually correct, the Landlord shall make such changes to the Notice as are duenecessary to make such Notice factually correct, plus (iii) which revised Notice shall thereafter be subject to the Security Deposit procedure for finalization set forth in this Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenant2.1).
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 except for the provisions of this Lease relating to the payment of "Rent," as that term is defined in Section 4.1, ----------- below. 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 date (the "Lease ----------- Commencement Date") set forth in Section 3.2 7.2 of the Summary (subject to the “Lease Commencement Date”), ----------- terms of the Tenant Work Letter) 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 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 full calendar 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. At any time during the Lease Term, Landlord may deliver to Tenant a factually correct notice of Lease Term dates in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”), as a confirmation of the information set forth thereinhereto, which notice Tenant shall execute and return to Landlord within five (5) business days of receipt thereof. Notwithstanding the foregoing, Tenant shall be entitled to occupancy of the Premises when the same are "Ready for Occupancy" (as defined in Section 5.01 of the Tenant Work Letter), and thereafter the dates set forth on such notice ------------ further Tenant shall be conclusive and binding upon Tenant; provided, however, that all information set forth allowed to early entry to the Premises in any Notice of Lease Term Dates shall be consistent accordance with the terms and conditions of this Lease, and such Notice Section 6.1 of Lease Term Dates shall not constitute an amendment hereto. Failure of the 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date Work Letter for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenantpurposes described therein.
Appears in 1 contract
Samples: Lease (Buy Com 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”) 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 hereinafter 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 full calendar 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. At any time during Within six (6) months following the Lease TermCommencement Date, Landlord may shall deliver to Tenant a notice Notice of Lease Term Dates in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”)hereto, or a reasonably comparable form, as a confirmation of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) 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 the dates set forth on execute and return such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and to Landlord within such Notice of Lease Term Dates shall not constitute an amendment heretoten (10) day period. Failure of Tenant to timely execute and deliver Once the Notice of Lease Term Dates shall constitute an acknowledgment is executed and delivered by Tenant that Landlord and Tenant, the statements included in such notice are true and correct, without exception. Tenant and its authorized agents, contractors, subcontractors and employees same shall be granted a license by binding upon Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenant.
Appears in 1 contract
Samples: Office Lease (Internet Brands, 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”) 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. For purposes of this Lease, the term “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 full (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. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”)hereto, or such other reasonably comparable 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 five (5) days of receipt thereof, and thereafter the dates set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment hereto. 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenant.
Appears in 1 contract
Samples: Office Lease (TrueCar, 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 with respect to each Phase of the Premises (each the “applicable "Lease 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 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 Date”") unless this Lease is sooner terminated as 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 full calendar 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. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”"Commencement Letters"), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five thirty (530) days of receipt thereof. If Tenant fails to sign and return a particular Commencement Letter to Landlord within thirty (30) days of its receipt from Landlord, and thereafter the dates Commencement Letter as sent by Landlord shall be deemed to have correctly set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth the matters addressed in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment heretoit. Failure of If Landlord fails to deliver a Commencement Letter to 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted within thirty (30) days after a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the particular Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entryDate, Tenant shall pay for be permitted to prepare and provide evidence 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 insurance to be provided Commencement Letter as sent by Tenant pursuant shall be deemed to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit correctly set forth the matters addressed in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenantit.
Appears in 1 contract
Samples: Office Lease (Salesforce Com Inc)
Initial Lease Term. The terms and provisions of this This Lease shall be effective as of the date of this Lease. The for a term of this Lease (herein called the “Lease Term”) specified in the Basic Lease Information; and the Lease Term shall be commence on the date provided for in the Basic Lease Information and shall end on the date provided for therein, unless sooner terminated or extended as provided herein. Tenant expressly acknowledges that the Premises are occupied by the Former Tenant pursuant to a lease between Landlord and the Former Tenant which is scheduled to expire on May 31, 2020. Landlord shall use commercially reasonable efforts to deliver possession of the Premises to Tenant on or prior to the Commencement Date set forth in Section 3.1 the Basic Lease Information (the actual date of such delivery shall be referred to herein as the “Delivery Date”); provided, however, if on the Delivery Date, there are Laws, including, but not limited to, governmental emergency orders, governmental health orders, governmental executive orders, and governmental emergency directives, in effect that prohibit Tenant from conducting its business on the Premises due to the COVID-19 pandemic (such laws, collectively, the “COVID-19 Laws”), then the Delivery Date (and Landlord’s actual delivery of the SummaryPremises) and the Commencement Date shall be tolled, and shall not be deemed to occur until such COVID-19 Laws permit Tenant to legally conduct of its business on the Premises, and in such event, the following provisions shall apply: (i) the Lease Term shall not commence on the date set forth in Section 3.2 of the Summary (the “Basic Lease Commencement Date”)Information, 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. 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 but shall commence on the earliest date thereafter that Landlord delivers possession of the Premises to Tenant and the COVID-19 Laws do not prohibit Tenant from legally conducting its business on the Premises; (ii) neither the validity of this Lease nor the obligations of Tenant under this Lease shall be affected thereby, except that (x) the Lease Term shall begin (and the Commencement Date) shall be deemed to occur on the actual date that the Delivery Date occurs (provided that COVID-19 Laws do not prohibit Tenant from legally conducting its business on the Premises on such date); and (y) the Rent Commencement Date shall be ninety (90) days after the date that the Commencement Date occurs; (iii) Tenant shall have no claim against Landlord because of Landlord’s failure to deliver possession of the Premises on the date originally fixed therefor; (iv) Tenant shall have no additional right to terminate this Lease or xxxxx Rent pursuant to this Lease if the COVID-19 Laws in effect after the Commencement Date prohibit Tenant from legally occupying the Premises for the conduct of its business (except that the foregoing shall not be an exemption of liability under any insurance procured by Tenant under this Lease, relating to the Premises, or relating to Tenant’s conducting its business on the Premises for failures or delays in the performance of the Lease for the period that the failure or delay is a result of an act of government that results in the frustration of the purpose of the contract); and (v) the Expiration Date of the Term shall be extended beyond the date specified in the Basic Lease Information by one day for every day during the period commencing on June 1, 2020, until the actual Commencement Date occurs, as provided herein. Notwithstanding the foregoing, if (a) Landlord has not delivered possession of the Premises to Tenant on or prior to October 1, 2020; and (b) as of October 1, 2020, COVID-19 Laws do not prohibit Tenant from legally conducting its business on the Premises, then Tenant shall have the right to terminate this Lease upon delivery to Landlord of written notice of its election to do so on or prior to October 10, 2020. Further, notwithstanding the foregoing, if (1) Landlord has not delivered possession of the Premises to Tenant on or prior to October 1, 2020; and (2) as of October 1, 2020, the COVID-19 Laws prohibit Tenant from legally conducting its business on the Premises, and Tenant has not accepted possession of the Premises, then Landlord and Tenant shall each have the right to terminate this Lease by delivery of written notice to the other party of its election to do so on or prior to October 10, 2020. If either party is entitled to exercise a right to terminate this Lease pursuant to Section 3.1 and fails to deliver such written notice to the other party on or prior to October 10, 2020, then such party shall have no further right to terminate this Lease due to failure of the Delivery Date or the Commencement Date not occurring prior to October 1, 2020. If either party exercises its right to terminate this Lease pursuant to this Section 3.1, Landlord shall return any and all Rent, Security Deposit and Letter of Credit previously delivered by Tenant to Landlord within ten (10) business days and neither party shall have any liability or obligations hereunder. Each party’s right to terminate this Lease pursuant to this Section 3.1 shall be such party’s sole right and/or remedy for the failure of the Delivery Date and/or the Commencement Date to occur on or prior to October 1, 2020. Tenant shall have the right, at its option, to accept possession of the Premises even if COVID-19 Laws prohibit access to the Premises. Notwithstanding anything to the contrary contained herein, if Landlord tenders possession of the Premises to Tenant (A) prior to the date specified in the Basic Lease Information for the commencement of the Term; or (B) as of a date that COVID-19 Laws prohibit Tenant from legally conducting its business on the Premises, and Tenant chooses to accept such possession, then the Term and Tenant’s obligations hereunder shall commence (and the Commencement Date shall occur) on the date that Tenant accepts such possession, but in no event shall the Expiration Date or the Rent Commencement Date be advanced by such early possession. In the event that the actual Commencement Date is a date which is other than the Commencement Date set forth in the Basic Lease Information, within a reasonable period of time after the date Tenant takes possession of the Premises Landlord shall deliver to Tenant an amendment to this Lease that shall be limited to setting forth the actual Commencement Date, the Rent Commencement Date and end on the last day of the eleventh full calendar 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. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”), as a confirmation of the information set forth therein, which amendment Tenant shall execute and return to Landlord within five (5) days of after Tenant’s receipt thereof. If Tenant fails to execute and return the amendment within such 5- day period or provide written objection thereto, Tenant shall be deemed to have approved and thereafter confirmed the dates set forth on therein, provided that such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates deemed approval shall not constitute an amendment hereto. Failure relieve Tenant of Tenant its obligation to timely execute and deliver return 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenantamendment.
Appears in 1 contract
Samples: Lease Agreement (UserTesting, 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”") 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 (subject, however, to the “Lease Commencement Date”terms of the Tenant Work Letter), 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. For purposes of this Lease, the term “"Lease Year” " shall mean each consecutive twelve (12) month period during the Lease Term; provided. If Landlord does not deliver possession of the Premises to Tenant, howeverin a state of Substantial Completion (as such capitalized term is defined in Exhibit B hereto) on or before the anticipated Lease Commencement Date (as set forth in Section 7.2(ii) of the Summary), Landlord shall not be subject to any liability nor shall the validity of this Lease nor the obligations of Tenant hereunder be affected. In the event that the first Lease Year Commencement Date is a date which is other than the anticipated Lease Commencement Date set forth in Section 7.2(ii) of the Summary, within a reasonable period of time after the date Tenant takes possession of the Premises, Landlord shall commence on deliver to Tenant a confirmation to lease in the form attached hereto as Exhibit C, attached hereto, setting forth, among other things, the Lease Commencement Date and end on the last day of the eleventh full calendar 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. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”), as a confirmation of the information set forth therein, which and Tenant shall execute and return such confirmation to Landlord within five (5) days of after Xxxxxx's receipt thereof, and thereafter the dates . Notwithstanding anything set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment hereto. 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior herein to the contrary, Landlord shall employ commercially reasonable best efforts to deliver possession of the Premises to Tenant, in a state of Substantial Completion, by the anticipated Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 7.2(ii) of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenant.
Appears in 1 contract
Samples: Office Lease (Pc Mall Inc)
Initial Lease Term. The terms and Subject to the provisions of this Lease shall be effective as of Section 2.1.1, 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 of execution as first set forth above (the "Commencement Date") and shall continue for a period of twenty (20) years following the "Rent Commencement Date" (as that term is defined below), subject to (i) the right of Tenant to extend the term as provided for in Section 3.2 of the Summary 2. 1.1 below and (ii) any earlier termination by either party, as permitted herein (the “"Initial Lease Commencement Date”Term"), and shall terminate . Notwithstanding the foregoing in the event the Lease Term expires on any day other than the date set forth in Section 3.3 last day of the Summary (the “Lease Expiration Date”) unless this Lease is sooner terminated as hereinafter provided. For purposes of this Leasea calendar month, the term “Lease Year” Term shall mean each consecutive twelve (12) month period during be automatically extended by the number of days necessary to cause the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end Term to expire on the last day of the eleventh full calendar month thereafter month.
Section 2.1.1. Tenant shall have the right to renew this Lease beyond the Initial Lease Term for two (2) successive ten (10) year renewal terms (the "Renewal Terms" and together with 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. At any time during the Initial Lease Term, Landlord may deliver the "Lease Term") by giving notice of the exercise of its renewal option at least fifteen (15) months prior to Tenant a notice in the form as set forth in Exhibit C, attached hereto (expiration of the “Notice of Initial Lease Term Dates”), as a confirmation with respect to the exercise of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereoffirst such renewal option, and thereafter prior to the dates set forth expiration of the first Renewal Term with respect to the exercise of the second renewal option. In the event Tenant is in default on such the date of the giving of notice of its intent to renew the Lease, the notice shall be conclusive ineffective; in the event Tenant is in default on the date the applicable Renewal Term is to commence, then the Renewal Term shall not commence and binding upon Tenant; provided, however, that all information set forth in any Notice this Lease shall expire as of the end of the Initial Lease Term Dates or the applicable Renewal Term. Tenant shall be consistent with have no right to renew this Lease beyond the expiration of the final Renewal Term. During each Renewal Term all of the terms and conditions of this LeaseLease shall continue to apply, and such Notice of Lease Term Dates shall not constitute an amendment hereto. Failure of Tenant to timely execute and deliver the Notice of Lease Term Dates shall constitute an acknowledgment by Tenant except that the statements included in such notice are true and correct, without exception. Tenant and its authorized agents, contractors, subcontractors and employees there shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior an adjustment to the Lease Commencement Date amount of Basic Rent as provided for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenant3.4 below.
Appears in 1 contract
Samples: Lease Agreement (Emeritus Corp\wa\)
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 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 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 that 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 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 full calendar 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. At any time during Within thirty (30) days following the Lease Commencement Date (and, if applicable, the commencement of any Option Term), Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”)hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) days of receipt thereof, and thereafter provided that in the dates set forth on event that such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall is not constitute an amendment hereto. 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 factually correct, without exception. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered the right to make such changes as may be necessary to make the same factually correct and shall thereafter execute and return the same to Landlord an executed original of this Lease and payment in an amount equal to: within such ten (i10) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenantday period.
Appears in 1 contract
Samples: Office Lease (Artistdirect 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 Lease Commencement 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 as the Lease Expiration Date (the “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 the obligations of Tenant hereunder. 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 full calendar 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. At any time during Promptly following the Lease TermCommencement Date, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto (the a “Notice of Lease Term DatesCommencement Letter”), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five thirty (530) 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, and thereafter the dates Commencement Letter was sent by Landlord shall be deemed to have correctly set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth the matters addressed in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment heretoit. Failure of If Landlord fails to deliver a Commencement Letter to 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four within thirty (430) months prior to days after the Lease Commencement Date for 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 purpose of constructing 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 Improvements in the Delivery Condition on or before January 7, 2016. If the Premises is not delivered to Tenant on or before March 4, 2016 (the “Outside Delivery Date”) in the Delivery Condition (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) extended by the provisions of this Lease, other than “Utility Grace Period” with respect to the payment “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 Building Direct Expenses (as defined below), shall apply during such early entry, including, but ii) 60 days following the Outside Delivery Date. If the Premises is not limited to, delivered to Tenant in the provisions of Section 10.1 relating to Tenant’s indemnification of Delivery Condition on or before 61 days following the Landlord Parties (as defined below), (b) prior to any such entryOutside Delivery Date, Tenant shall pay be entitled to an abatement of Base Rent equal to twice the per diem Base Rent for and provide evidence 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 be the insurance right to 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 provided 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 ten (10) business days after receipt of such notice, to deliver a notice to Landlord pursuant to the provisions of Article 10, (c) which Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: elect either (i) Base Rent for the first (1st) month of the Lease Term to terminate this Lease, in which Base Rent is duecase this Lease shall terminate and be of no further force or effect upon Landlord’s receipt of such notice, plus or (ii) Building Direct Expenses for to agree to extend the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit Outside Date to that date set forth in Landlord’s notice to Tenant. Failure by Tenant to deliver such notice or to make such election shall be deemed to be Tenant’s agreement to extend the Outside Date to that date set forth in Landlord’s notice to Tenant. The Outside Date shall be extended to the extent of any delays in the “Substantial Completion of Landlord’s Work,” as that term is defined in Section 8 1.3 of the SummaryTenant Work Letter, caused by Tenant. Upon Tenant’s breach of any of the foregoing conditionstermination as set forth in this Section 2.1, Landlord mayand 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 exercising any the return of its other such prepaid rent, Landlord shall make a payment to Tenant, by check or wire transfer, in the 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 remedies receive the Termination Fee, as set forth hereinin this Section 2.1, revoke such license upon Notice shall be Tenant’s sole and exclusive remedy at law or in equity for the failure of Landlord to Tenantdeliver the Premises to Tenant in the Delivery Condition on or before July 1, 2016.
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Samples: Office Lease (Unity Software Inc.)
Initial Lease Term. The terms and provisions of this Initial Lease shall be effective as of the date of this Lease. The term of this Lease (the “Lease Term”) Term shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date set forth (the “Rent Commencement Date”) referred to in Section 3.2 7.2 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”) set forth in Section 7.5 of the Summary, unless this Lease is 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; provided” shall mean the Initial Lease Term, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh full calendar 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 Dateas same may be extended. At any time during the Lease Term, Landlord may deliver to Tenant a notice Notice of Lease Term dates in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”), as a confirmation of the information set forth thereinhereto, which notice Tenant shall execute and return to Landlord within five (5) days of receipt thereof, . The terms and thereafter the dates set forth on such notice provisions of this Lease shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice effective as of Lease Term Dates shall be consistent with the terms and conditions date of this Lease, and such Notice provided that, for clarity, regardless of Lease Term Dates shall not constitute an amendment hereto. Failure the date Tenant actually occupies any of Tenant the Phases (but subject 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of any additional Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, abatement arising from Landlord’s unexcused failure to achieve the provisions of Section 10.1 relating to Tenant’s indemnification of BSC Completion Condition by the Landlord Parties (as defined belowOutside BSC Completion Date), (bi) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior obligation to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) pay Base Rent for Phase I-A and Phase I-B shall commence on the first day of the thirteenth (1st13th) month of the Initial Lease Term in which Base (and Tenant’s obligation to pay Direct Expenses for Phases I-A and I-B shall commence on the Rent is due, plus Commencement Date); (ii) Building 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 first (1st) months of the Lease Term in which Building Direct Expenses are due, plus Phase II Determination Date); and (iii) Tenant’s obligation to pay Base Rent for Phase III shall commence on the Security Deposit set forth in Section 8 first day of the Summary. Upon Tenant’s breach of any twenty-sixth (26th) month of the foregoing conditions, Landlord may, in addition Initial Lease Term (and its obligation to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenantpay Direct Expenses for Phase III shall commence on the Phase III Determination Date).
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Samples: Lease (Beyond Meat, 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”) shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date set forth Lease Commencement Date described in Section 3.2 7.2 of the Summary (the “Lease Commencement Date”), and shall terminate on the date Lease Expiration Date set forth in Section 3.3 7.4 of the Summary (the “Lease Expiration Date”) Summary, unless this Lease is sooner terminated or extended as hereinafter provided. For purposes If Landlord does not deliver possession of the Premises to Tenant on or before the Anticipated Lease Commencement Date (as set forth in Section 7.2 of the Summary) or any other date, Landlord shall not be subject to any liability nor shall the validity of this LeaseLease nor the obligations of Tenant hereunder be affected. Notwithstanding the foregoing provisions of this Section 2.1 or anything else in this Lease to the contrary, 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 if the Lease Commencement Date and end on does not occur prior to April 1,2013 for any reason other than delays caused by Tenant, Tenant shall have the last day of the eleventh full calendar 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. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto (the “Notice of Lease Term Dates”)right, as a confirmation of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof, and thereafter the dates set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment hereto. 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expenseexclusive remedy for a delivery failure, at least four (4) months to terminate this Lease by written notice to Landlord delivered prior to the Lease Commencement Date for and upon such termination all sums previously deposited with Landlord shall be refunded to Tenant and thereafter the purpose of constructing the Tenant Improvements parties shall have no further rights or obligations hereunder (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect except to the payment extent otherwise expressly set forth herein). Within a reasonable period of Base Rent and Building Direct Expenses (time after the date Tenant takes possession of the Premises Landlord shall deliver to Tenant a Commencement Date Memorandum in the form attached hereto as defined below)Exhibit C, shall apply during such early entryattached hereto, including, but not limited tosetting forth the Lease Commencement Date, the provisions of Section 10.1 relating Rent Commencement Date and the Lease Expiration Date, and Tenant shall execute and return such amendment to Landlord within ten (10) days after Tenant’s indemnification of receipt thereof. If Tenant fails to execute and return the Landlord Parties (as defined below), (b) prior to any amendment within such entry10-day period, Tenant shall pay for be deemed to have approved and provide evidence of confirmed the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit dates set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditionstherein, Landlord may, in addition to exercising any provided that such deemed approval shall not relieve Tenant of its other rights obligation to execute and remedies set forth herein, revoke such license upon Notice to Tenantreturn the amendment.
Appears in 1 contract
Samples: Lease (Invitae Corp)
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”) shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date set forth in Section 3.2 of the Summary (the “Lease Commencement Date”) set forth in Section 7.2 of the Summary (subject, however, to the terms of Section 5 of the Tenant Work Letter), and shall terminate expire 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 as 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 Term commencing on the Lease Commencement Date and end on the last day of the eleventh full calendar month thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar monthDate; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during Notwithstanding the foregoing definition of the Lease TermCommencement Date for the Premises, Landlord if Tenant commences business operations from any portion of the Premises or the Additional Space, as the case may deliver be, prior to Tenant a notice in the form occurrence of the Lease Commencement Date (each space occupied to be known as set forth in Exhibit C, attached hereto (the “Notice of Lease Term DatesPre-Occupancy Space”), as a confirmation all of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof, and thereafter the dates set forth on such notice shall be conclusive and binding upon Tenant; provided, however, that all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this LeaseLease shall apply to that portion of the Premises containing the Pre-Occupancy Space, except that during the period commencing on the date Tenant commences business operations from the applicable Pre-Occupancy Space and such Notice of Lease Term Dates shall not constitute an amendment hereto. 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. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to continuing until the Lease Commencement Date (the “Pre-Occupancy Period”), Tenant shall have no obligation to pay Base Rent (but shall be responsible for parking charges for all parking spaces used); provided that if Tenant occupies more than fifty percent (50%) of the Premises for the purpose of constructing conducting business in the Premises, then Tenant Improvements (as defined below) and installing furnitureshall pay- to Landlord in accordance with the terms of Article 3, fixtures and equipment; provided, however, that Base Rent for the Pre-Occupancy Space equal to the product of (a) Dollars ( ), and (b) the provisions rentable square feet of the Pre-Occupancy Space. Tenant shall have the right to commence business operations from any portion of the Premises during the Pre-Occupancy Period, provided that a certificate of occupancy or its equivalent permitting occupancy shall have been issued by the appropriate governmental authorities for the Pre-Occupancy Space. Notwithstanding anything to the contrary contained herein, Tenant shall be responsible to pay “Tenant’s Share” of “Direct Expenses,” as those terms are defined in Section 4.1 of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below)during June, shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is due, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenant1997.
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