Common use of Lease Amendment Clause in Contracts

Lease Amendment. In the event that Tenant timely exercises Tenant’s right to lease any First Offer Space as set forth in this Section 1.3, Landlord and Tenant shall within thirty (30) days following Xxxxxxxx’s receipt of the First Offer Exercise Notice or Landlord’s delivery of the First Offer Confirmation Notice, as the case may be, execute an amendment to this Lease adding such First Offer Space to the Premises, upon the terms and conditions as set forth in the First Offer Notice and this Section 1.3, and otherwise in general compliance with the terms of this Lease, and with other appropriate modifications given the nature of the First Offer Space and the terms of the First Offer Rent, To the extent the First Offer Rent shall not have been determined at the time of the execution of the amendment as provided for hereinabove, at either party’s option, upon such determination, the parties’ shall execute an additional amendment setting forth the First Offer Rent. Tenant shall commence payment of Rent for the First Offer Space, and the term of the First Offer Space shall commence, upon such date as determined as a component of the First Offer Rent (the “First Offer Commencement Date”); provided, however, that in the event that the First Offer Rent shall be as set forth in Section 1.3.3.1, above, the First Offer Commencement Date shall be the earlier to occur of (i) the date Tenant commences the conduct of business in any portion of the First Offer Space, and (ii) the date that is one hundred eighty (180) days following delivery of the First Offer Space by Landlord to Tenant. Commencing on the First Offer Commencement Date, Tenant shall entitled to parking passes in connection with Tenant’s lease of the subject First Offer Space, upon and subject to the terms of Section 13 of the Summary and Section 29.18 of this Lease, The term of Tenant’s lease of the First Offer Space, shall terminate concurrently with the lease of the remainder of Tenant’s Premises (the “First Offer Term”). The period granted to Tenant following delivery of First Offer Space and prior to the First Offer Commencement Date shall be referred to herein as the “First Offer Build-Out Period “ and the term of Tenant’s lease of First Offer Space, commencing as of the First Offer Commencement Date and terminating concurrently with Tenant’s lease of the remainder of Tenant’s Premises, shall be referred to herein as the “First Offer Term”. Upon the First Offer Commencement Date, First Offer Space leased by Tenant shall be part of the Premises along with all other space leased by Xxxxxx and, accordingly, Tenant shall have the right to extend the term of Tenant’s lease of the Premises (including First Offer Space leased by Xxxxxx), upon and subject to the terms of Section 2.2, below.

Appears in 2 contracts

Samples: Office Lease (ServiceTitan, Inc.), Office Lease (ServiceTitan, Inc.)

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Lease Amendment. In the event that Tenant timely exercises Tenant’s right to lease any First Offer Space as set forth in this Section 1.37, Landlord and Tenant shall within thirty (30) days following XxxxxxxxLandlord’s receipt of the First Offer Exercise Notice or Landlord’s delivery of the First Offer Confirmation Notice, as the case may be, execute an amendment to this Lease the Lease, as amended hereby, adding such First Offer Space to the Premises, upon the terms and conditions as set forth in the First Offer Notice and this Section 1.37, and otherwise in general compliance with the terms of this the Lease, and with other appropriate modifications given the nature of the First Offer Space and the terms of the First Offer Rent, as amended hereby. To the extent the First Offer Rent shall not have been determined at the time of the execution of the amendment as provided for hereinabove, at either party’s option, upon such determination, the parties’ shall execute an additional amendment setting forth the First Offer Rent. Tenant shall commence payment of Rent for the First Offer Space, and the term of the First Offer Space shall commence, upon such date as is determined as a component of the First Offer Rent (the “First Offer Commencement Date”); provided, however, that in the event that the First Offer Rent shall be as set forth in Section 1.3.3.1, above, the First Offer Commencement Date shall be the earlier to occur of (i) the date Tenant commences the conduct of business in any portion of the First Offer Space, and (ii) the date that is one hundred eighty (180) days following delivery of the First Offer Space by Landlord to Tenant. Commencing on the First Offer Commencement Date, notwithstanding anything in the Lease to the contrary, Tenant shall entitled have the right, but not the obligation, to rent parking passes in connection with Tenant’s lease of the subject First Offer Space, in amount equal to 3.5 unreserved parking passes for each 1,000 rentable square feet of the First Offer Space leased by Tenant (the “First Offer Parking Passes”), upon and subject to the terms of Section 13 29.18 of the Summary and Section 29.18 of this Original Lease, as amended. Tenant shall pay the prevailing rate for First Offer Parking Passes rented by Tenant, plus any applicable parking taxes. The term of Tenant’s lease of the First Offer Space, shall terminate concurrently with the lease of the remainder of Tenant’s Premises (the “First Offer Term”). The period granted to Tenant following delivery of First Offer Space and prior to the First Offer Commencement Date shall be referred to herein as the “First Offer Build-Out Period “ and the term of Tenant’s lease of First Offer Space, commencing as of the First Offer Commencement Date and terminating concurrently with Tenant’s lease of the remainder of Tenant’s Premises, shall be referred to herein as the “First Offer Term”. Upon the First Offer Commencement Date, First Offer Space leased by Tenant shall be part of the Premises along with all other space leased by Xxxxxx and, accordingly, Tenant shall have the right to extend the term of Tenant’s lease of the Premises (including First Offer Space leased by Xxxxxx), upon and subject to the terms of Section 2.2, below2.2 of the Original Lease.

Appears in 2 contracts

Samples: Office Lease (ServiceTitan, Inc.), Office Lease (ServiceTitan, Inc.)

Lease Amendment. In the event that If Tenant timely exercises Tenant’s right elects to lease any the Right of First Offer Space as set forth in this Section 1.3Offering Space, then Landlord and Tenant, within 10 business days after Tenant delivers to Landlord the ROFO Election Notice exercising the Right of First Offering shall within thirty (30) days following Xxxxxxxx’s receipt of the First Offer Exercise Notice or Landlord’s delivery of the First Offer Confirmation Notice, as the case may be, execute an amendment to this Lease adding such which shall (i) add the applicable Right of First Offer Offering Space to the PremisesPremises under this Lease, upon (ii) increase the terms annual Basic Rent by an amount equal to the product of the total number of Rentable Square Feet in the Right of First Offering Space, multiplied by the ROFO Market Rent per Rentable Square Foot contained in the Right of First Offering Space as determined by Landlord and conditions set forth in the Right of First Offering Notice, (iii) increase the annual Amenity Building Rent by an amount equal to the product of the total number of Rentable Square Feet of the Amenity Building that is allocable to the Right of First Offering Space, multiplied by the then-prevailing annual rent rate for the Amenity Building, as determined by Landlord and as set forth in the Right of First Offer Offering Notice, (iv) increase Tenant’s Proportionate Share in direct proportion to the increase of Rentable Square Footage in the Premises as a result of said amendment, (v) provide for a credit to Tenant’s monthly Basic Rent for the Right of First Offering Space in the amount of the Deposit, (vi) any increase in the Security Deposit or Letter of Credit, as applicable, as reasonably determined by Landlord based on Landlord’s review of the Tenant’s financial statements delivered with the Election Notice, (vii) memorialize the other material economic terms set forth in Landlord’s Right of First Offering Notice, and (viii) proportionate adjustment to Tenant’s Parking Space Allocation based on the Rentable Square Footage in the Right of First Offering Space. Notwithstanding anything to the contrary, if Tenant fails or refuses to execute such amendment, then Landlord shall retain the Deposit, which shall not constitute Rent, but rather shall be deemed liquidated damages paid by Tenant to Landlord as reimbursement Landlord for the attorneys’ fees, administrative costs and other expenses incurred by Landlord in connection with the Right of First Offering. Except as otherwise indicated in Landlord’s Right of First Offering Notice and this Section 1.3Article XXVI, and otherwise in general compliance with all of the terms and conditions contained in this Lease shall apply to the Right of this Lease, and with other appropriate modifications given the nature of the First Offer Space and the terms of the First Offer Rent, To the extent the First Offer Rent shall not have been determined at the time of the execution of the amendment as provided for hereinabove, at either party’s option, upon such determination, the parties’ shall execute an additional amendment setting forth the First Offer Rent. Tenant shall commence payment of Rent for the First Offer Offering Space, and the term of the First Offer Space shall commence, upon such date as determined as a component of the First Offer Rent (the “First Offer Commencement Date”); provided, however, that Tenant shall not be entitled to any improvement allowance, moving allowance, free rent or rent abatement concession for any Right of First Offering Space, unless specifically set forth in Landlord’s Right of First Offering Notice. Unless otherwise set forth in Landlord’s Right of First Offering Notice, the commencement date for any Right of First Offering Space shall be 30 days after the later of (x) Tenant’s delivery to Landlord of the ROFO Election Notice exercising said Right of First Offering or (y) Landlord’s delivery of such Right of First Offering Space after vacation by the previous tenant; provided, however, in the event that Tenant actually occupies any portion of the Right of First Offer Rent shall be as set forth in Section 1.3.3.1, aboveOffering Space prior to such date for the conduct of its business and not solely for Early Access Activities, the First Offer Commencement Date commencement date shall be the earlier to occur of (i) the date upon which Tenant commences the conduct of business in any portion of the First Offer Space, and (ii) the date that is one hundred eighty (180) days following delivery of the First Offer Space by Landlord to Tenant. Commencing on the First Offer Commencement Date, Tenant shall entitled to parking passes in connection with Tenant’s lease of the subject First Offer Space, upon and subject to the terms of Section 13 of the Summary and Section 29.18 of this Lease, The term of Tenant’s lease of the First Offer Space, shall terminate concurrently with the lease of the remainder of Tenant’s Premises (the “First Offer Term”). The period granted to Tenant following delivery occupies such Right of First Offer Space and prior to the First Offer Commencement Date shall be referred to herein as the “First Offer Build-Out Period “ and the term of Tenant’s lease of First Offer Offering Space, commencing as of the First Offer Commencement Date and terminating concurrently with Tenant’s lease of the remainder of Tenant’s Premises, shall be referred to herein as the “First Offer Term”. Upon the First Offer Commencement Date, First Offer Space leased by Tenant shall be part of the Premises along with all other space leased by Xxxxxx and, accordingly, Tenant shall have the right to extend the term of Tenant’s lease of the Premises (including First Offer Space leased by Xxxxxx), upon and subject to the terms of Section 2.2, below.

Appears in 1 contract

Samples: Office Lease (Bill.com Holdings, Inc.)

Lease Amendment. In the event that If Tenant timely exercises Tenant’s right elects to lease any the Right of First Offer Space as set forth in this Section 1.3Offering Space, then Landlord and Tenant, within 10 business days after Tenant delivers to Landlord the Election Notice exercising the Right of First Offering, or, if applicable, 10 business days after Tenant delivers the Second Election Notice exercising the Right of First Offering, shall within thirty (30) days following Xxxxxxxx’s receipt of the First Offer Exercise Notice or Landlord’s delivery of the First Offer Confirmation Notice, as the case may be, execute an amendment to this Lease adding such which shall (i) add the applicable Right of First Offer Offering Space to the PremisesPremises under this Lease, upon (ii) increase the terms annual Basic Rent by an amount equal to the product of the total number of Rentable Square Feet in the Right of First Offering Space, multiplied by the ROFO Market Rent for the Right of First Offering Space, as reasonably determined by Landlord and conditions as set forth in the Right of First Offer Offering Notice or, if applicable, in the Revised Right of First Offering Notice, (iii) increase the annual Amenity Building Rent by an amount equal to the product of the total number of Rentable Square Feet of the Amenity Building that is allocable to the Right of First Offering Space, multiplied by the then-prevailing annual rent rate for the Amenity Building, as reasonably determined by Landlord and as set forth in the Right of First Offering Notice, (iv) increase Tenant’s Proportionate Share in direct proportion to the increase of Rentable Square Footage in the Premises as a result of said amendment, and (v) memorialize the other terms set forth in Landlord’s Right of First Offering Notice or, if applicable, in the Revised Right of First Offering Notice. Except as otherwise indicated in Landlord’s Right of First Offering Notice or, if applicable, in the Revised Right of First Offering Notice, and this Section 1.3Article XXVI, and otherwise in general compliance with all of the terms and conditions contained in this Lease shall apply to the Right of this Lease, and with other appropriate modifications given the nature of the First Offer Space and the terms of the First Offer Rent, To the extent the First Offer Rent shall not have been determined at the time of the execution of the amendment as provided for hereinabove, at either party’s option, upon such determination, the parties’ shall execute an additional amendment setting forth the First Offer Rent. Tenant shall commence payment of Rent for the First Offer Offering Space, and the term of the First Offer Space shall commence, upon such date as determined as a component of the First Offer Rent (the “First Offer Commencement Date”); provided, however, that Tenant shall not be entitled to any improvement allowance, moving allowance, free rent or rent abatement concession for any Right of First Offering Space, unless specifically set forth in Landlord’s Right of First Offering Notice or, if applicable, in the Revised Right of First Offering Notice. Unless otherwise set forth in Landlord’s Right of First Offering Notice, the commencement date for any Right of First Offering Space shall be 30 days after the later of (x) Tenant’s delivery to Landlord of the Election Notice exercising said Right of First Offering Space or (y) vacation of such Right of First Offering Space by the previous tenant; provided, however, in the event that Tenant actually occupies any portion of the Right of First Offer Rent shall be as set forth in Section 1.3.3.1, aboveOffering Space prior to such date for the conduct of its business, the First Offer Commencement Date commencement date shall be the earlier to occur of (i) the date upon which Tenant commences the conduct of business in any portion of the First Offer Space, and (ii) the date that is one hundred eighty (180) days following delivery of the First Offer Space by Landlord to Tenant. Commencing on the First Offer Commencement Date, Tenant shall entitled to parking passes in connection with Tenant’s lease of the subject First Offer Space, upon and subject to the terms of Section 13 of the Summary and Section 29.18 of this Lease, The term of Tenant’s lease of the First Offer Space, shall terminate concurrently with the lease of the remainder of Tenant’s Premises (the “First Offer Term”). The period granted to Tenant following delivery occupies such Right of First Offer Space and prior to the First Offer Commencement Date shall be referred to herein as the “First Offer Build-Out Period “ and the term of Tenant’s lease of First Offer Offering Space, commencing as of the First Offer Commencement Date and terminating concurrently with Tenant’s lease of the remainder of Tenant’s Premises, shall be referred to herein as the “First Offer Term”. Upon the First Offer Commencement Date, First Offer Space leased by Tenant shall be part of the Premises along with all other space leased by Xxxxxx and, accordingly, Tenant shall have the right to extend the term of Tenant’s lease of the Premises (including First Offer Space leased by Xxxxxx), upon and subject to the terms of Section 2.2, below.

Appears in 1 contract

Samples: Office Lease (McAfee Corp.)

Lease Amendment. In The Lease is hereby amended as follows: 2.1 Effective as of August 13, 2001, the event that Premises as referred to in the Lease is amended so as to include an additional 10,749 rentable square feet on the first floor of Xxx X, Xxxxxxxx 000 Xxxxxx Xxxx, as shown on the attached Exhibit "B" ("Expansion Premises"). 2.2 Effective as of August 13, 2001, the entire Premises under lease to Tenant timely exercises Tenant’s right shall consist of 25,749 rentable square feet (both Exhibit A & B). 2.3 Effective as of August 13, 2001, the Base Rent and all other applicable sections of the Lease will be increased so as to lease any First Offer Space as set forth incorporate the addition of the Expansion Premises to the overall Premises. 2.4 The Base Rent for the Expansion Premises will be the rate then being charged Tenant ($12.10 per SF) subject to the escalations referenced in this Section 1.3, the Lease. 2.5 Both Landlord and Tenant acknowledge that both the Base Rent and Operating Expenses that would be due on the Expansion Premises shall within thirty (30) days following Xxxxxxxx’s receipt be abated for the period of August 13, 2001 through January 31, 2002. 2.6 The Expiration Date of the First Offer Exercise Notice or Landlord’s delivery Lease as defined in the Lease is hereby extended to December 31, 2008. 2.7 Tenant shall be provided access to the Expansion Premises from and after the Execution Date of this Amendment, subject to approval of the First Offer Confirmation Noticecurrent tenant in occupancy of the Expansion Premises. 2.8 Tenant has agreed to accept the Expansion Premises in the current existing condition. It is understood that Tenant shall obtain certain furniture from existing occupant of the Expansion Premises in accordance with a Sublease Agreement. 2.9 It is further expected that Tenant shall simultaneously enter into a sublease with the existing tenant in the Expansion Premises for approximately 2,175 SF and a term of not longer than two (2) years. 2.10 Tenant's insurance as it relates to both the current Premises and the Expansion Premises shall not only include coverage for all personal property of Tenant, as the case but also any improvements which Tenant may be, execute an amendment to this Lease adding such First Offer Space to the Premises, construct upon the Premises or may have been constructed on behalf of Tenant. 2.11 Landlord agrees to use best efforts to provide Tenant with Tenant's name on the monument sign and if this were not possible, then to petition the City of Boca Raton for an additional monument sign that would contain the name of the Tenant. The cost of an additional monument sign would be the responsibility of the Landlord. 2.12 All other terms and conditions as set forth in remain the First Offer Notice and this Section 1.3, and otherwise in general compliance with the terms of this Lease, and with other appropriate modifications given the nature of the First Offer Space and the terms of the First Offer Rent, To the extent the First Offer Rent shall not have been determined at the time of the execution of the amendment as provided for hereinabove, at either party’s option, upon such determination, the parties’ shall execute an additional amendment setting forth the First Offer Rent. Tenant shall commence payment of Rent for the First Offer Space, and the term of the First Offer Space shall commence, upon such date as determined as a component of the First Offer Rent (the “First Offer Commencement Date”); provided, however, that in the event that the First Offer Rent shall be as set forth in Section 1.3.3.1, above, the First Offer Commencement Date shall be the earlier to occur of (i) the date Tenant commences the conduct of business in any portion of the First Offer Space, and (ii) the date that is one hundred eighty (180) days following delivery of the First Offer Space by Landlord to Tenant. Commencing on the First Offer Commencement Date, Tenant shall entitled to parking passes in connection with Tenant’s lease of the subject First Offer Space, upon and subject to the terms of Section 13 of the Summary and Section 29.18 of this Lease, The term of Tenant’s lease of the First Offer Space, shall terminate concurrently with the lease of the remainder of Tenant’s Premises (the “First Offer Term”). The period granted to Tenant following delivery of First Offer Space and prior to the First Offer Commencement Date shall be referred to herein as the “First Offer Build-Out Period “ and the term of Tenant’s lease of First Offer Space, commencing as of the First Offer Commencement Date and terminating concurrently with Tenant’s lease of the remainder of Tenant’s Premises, shall be referred to herein as the “First Offer Term”. Upon the First Offer Commencement Date, First Offer Space leased by Tenant shall be part of the Premises along with all other space leased by Xxxxxx and, accordingly, Tenant shall have the right to extend the term of Tenant’s lease of the Premises (including First Offer Space leased by Xxxxxx), upon and subject to the terms of Section 2.2, belowsame.

Appears in 1 contract

Samples: Lease Amendment (Medical Staffing Network Holdings Inc)

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Lease Amendment. In 4.1 The Assignee and the event Landlord agree that Tenant timely exercises Tenant’s right the following amendments shall be made to lease any First Offer Space the Lease effective as set forth in this Section 1.3, Landlord and Tenant shall within thirty (30) days following Xxxxxxxx’s receipt of the First Offer Exercise Notice or Landlord’s delivery Effective Date: (a) Notwithstanding anything in the Lease to the contrary, the Term of the First Offer Confirmation NoticeLease shall be and is hereby extended for a further period of three (3) years commencing on May 14, as the case may be2020 and expiring on May 13, execute an amendment to this Lease adding such First Offer Space to the Premises, upon the terms and conditions as set forth in the First Offer Notice and this Section 1.3, and otherwise in general compliance with the terms of this Lease, and with other appropriate modifications given the nature of the First Offer Space and the terms of the First Offer Rent, To the extent the First Offer Rent shall not have been determined at the time of the execution of the amendment as provided for hereinabove, at either party’s option, upon such determination, the parties’ shall execute an additional amendment setting forth the First Offer Rent. Tenant shall commence payment of Rent for the First Offer Space, and the term of the First Offer Space shall commence, upon such date as determined as a component of the First Offer Rent 2023 (the “First Offer Commencement Date”); provided, however, that in the event that the First Offer Rent shall be as set forth in Section 1.3.3.1, above, the First Offer Commencement Date shall be the earlier to occur of (i) the date Tenant commences the conduct of business in any portion of the First Offer Space, and (ii) the date that is one hundred eighty (180) days following delivery of the First Offer Space by Landlord to Tenant. Commencing on the First Offer Commencement Date, Tenant shall entitled to parking passes in connection with Tenant’s lease of the subject First Offer Space, upon and subject to the terms of Section 13 of the Summary and Section 29.18 of this Lease, The term of Tenant’s lease of the First Offer Space, shall terminate concurrently with the lease of the remainder of Tenant’s Premises (the “First Offer Extension Term”). The period granted Landlord and the Tenant hereby covenant and agree that the definition of “Term” set out in the Lease is amended to Tenant following delivery of First Offer Space and prior to include the First Offer Commencement Date shall be referred to herein as Extension Term. (b) Notwithstanding the use of the terms First Offer Build-Out Period “ Minimum Rent” and the term of Tenant’s lease of First Offer Space“Additional Rent”, commencing as during each year of the First Offer Commencement Date Extension Term, the Tenant shall pay to the Landlord each and terminating concurrently every month during the First Extension Term, in equal monthly installments in advance on the first day of each month of the First Extension Term, annual gross rent with respect to the Demised Premises in the amount of $6,000.00 based on an annual gross rent of $72,000.00. (c) Annual gross rent shall include all costs for which the Tenant was otherwise liable under Section 5.3 of the Lease (excepting Sales Taxes, for which the Tenant shall remain liable throughout the First Extension Term). The Landlord shall be responsible for making the timely payment of all property taxes or any other assessments levied against the Property. In the event the Landlord fails to make such payments, Tenant may, but shall not be obligated to make such payments upon the Landlord’s behalf and the Landlord shall forthwith reimburse Tenant upon receipt of reasonable evidence of Tenant to such effect. (d) In relation to the Tenant’s lease surrender an Initial Reclamation and Final Reclamation obligations, the Tenant shall not be obliged to pay rent following the Initial Reclamation and during the Landlord’s growing season, UNLESS the crops planted are not reasonably similar in quality (as provided in Section 3(b) of the remainder of TenantLease Amending Agreement, in which case the Tenant shall pay rent for that period as provided in the Lease Amending Agreement, FURTHER, the Landlord’s crops planted in that growing season must be the same as the crops planted on the surrounding lands (such that the yield comparison is accurate) and in the event the Landlord elects not to plant crops during that growing season, then the Full Reclamation shall be deemed to have occurred. (e) The Landlord and Tenant confirm that the Schedule B attached to this Assignment Agreement sets out the Schedule “A” to the Lease, outlining in red the Demised Premises, shall be referred to herein as the “First Offer Term”. Upon the First Offer Commencement Date, First Offer Space leased by Tenant shall be part comprising 10 acres. (f) Paragraph 3 of Section 9.2 of the Premises along Lease is amended such that the Tenant may hold the Deposit with all other space leased by Xxxxxx and, accordingly, Tenant shall have the right to extend the term of Tenant’s lease of the Premises (including First Offer Space leased by Xxxxxx)its solicitors or a recognized trust company, upon and subject escrow terms acceptable to the terms of Section 2.2Landlord, belowacting reasonably.

Appears in 1 contract

Samples: Assignment Agreement (Hut 8 Corp.)

Lease Amendment. In the event that If Tenant timely exercises Tenant’s its right to lease any the Right of First Offer Refusal Space as set forth in pursuant to this Section 1.3Article XXVIII, Landlord and Tenant shall shall, within thirty (30) days following Xxxxxxxx’s receipt after Tenant exercises its Right of First Refusal, enter into a lease amendment with respect to such portion of the Right of First Offer Exercise Notice or Landlord’s delivery of Refusal Space leased on the First Offer Confirmation Noticeterms, as the case may be, execute an amendment to this Lease adding such First Offer Space to the Premises, upon the terms covenants and conditions as set forth in the First Offer Notice Landlord’s Notice, including, but not limited to, Basic Rent, tenant improvement allowance and this Section 1.3term (however, and otherwise in general compliance with the terms of this Lease, and with other appropriate modifications given the nature such term will not commence earlier than ninety (90) days after Landlord delivers possession of the Right of First Offer Refusal Space and the terms of the First Offer Rent, To the extent the First Offer Rent shall not have been determined at the time of the execution of the amendment as provided for hereinabove, at either party’s option, upon such determination, the parties’ shall execute an additional amendment setting forth the First Offer Rent. Tenant shall commence payment of Rent for the First Offer Space, and the term of the First Offer Space shall commence, upon such date as determined as a component of the First Offer Rent (the “First Offer Commencement Date”to Tenant); provided, however, that all other terms and conditions contained in this Lease shall apply to the Right of First Refusal Space as a result of Tenant’s election hereunder, except to the extent specified otherwise in the event that Landlord’s Notice. Effective upon delivery of the Right of First Offer Refusal Space, the Right of First Refusal Space shall be added to the definition of Premises under this Lease and the annual Basic Rent shall be increased by an amount equal to the product obtained by multiplying (1) the number of Rentable Square Feet in the Right of First Refusal Space times (2) the annual Basic Rent rate (as set forth reflected in Section 1.3.3.1the Landlord’s Notice) per Rentable Square Foot. Additionally, above, the First Offer Commencement Date Tenant’s Proportionate Share of Operating Expenses and Real Estate Taxes shall be increased by the earlier to occur amount of (i) the date Tenant commences the conduct of business in any portion of the First Offer Space, Operating Expenses and (ii) the date that is one hundred eighty (180) days following delivery of the First Offer Space by Landlord to Tenant. Commencing on the First Offer Commencement Date, Tenant shall entitled to parking passes in connection with Tenant’s lease of the subject First Offer Space, upon and subject Real Estate Taxes allocable to the terms of Section 13 of the Summary and Section 29.18 of this Lease, The term of Tenant’s lease of the First Offer Space, shall terminate concurrently with the lease of the remainder of Tenant’s Premises (the “First Offer Term”). The period granted to Tenant following delivery Right of First Offer Refusal Space and prior to (i.e. in the First Offer Commencement Date shall be referred to herein same manner as the “First Offer Build-Out Period “ and the term of Tenant’s lease of First Offer Space, commencing as of the First Offer Commencement Date and terminating concurrently with Tenant’s lease of the remainder of Tenant’s Premises, shall be referred to herein as the “First Offer Term”. Upon the First Offer Commencement Date, First Offer Space leased by Tenant shall be part of the Premises along with all other space leased by Xxxxxx and, accordingly, Tenant shall have the right to extend the term of Tenant’s lease of the Premises (including First Offer Space leased by Xxxxxx), upon responsible for Operating Expenses and subject Real Estate Taxes allocable to the terms of Section 2.2, beloworiginal Premises under this Lease).

Appears in 1 contract

Samples: Office Lease (RigNet, Inc.)

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