Lease Terms Co-extensive. It is acknowledged that (i) concurrently with the execution of this Lease, Landlord and Tenant are also executing a lease dated October 31, 1989 affecting adjacent property upon which is to be constructed a building for Tenant’s use consisting of approximately 155,734 square feet (the “Companion Lease”), and (ii) it is the intention of the parties that the term of this Lease be co-extensive with the term of the Companion Lease, such that the terms of both leases expire on the same date. To that end, in the event that following the date upon which the Commencement Date of this Lease and the comparable “Commencement Date” of the Companion Lease become established as a date certain following completion of improvements and satisfaction of any other conditions related to determining such dates, and if such dates are not the same, then whichever date occurs later shall be the expiration date of the lease term for both leases (subject to the right of Tenant to extend either lease pursuant to the options to extend granted in the two leases). It is acknowledged that the implementation of this paragraph may result in an extension of the term of this Lease, in which event Tenant shall continue to pay rent at the rate applicable for the period immediately prior to the adjusted lease term expiration date. As soon as the parties are able to implement the provisions of this paragraph because the Commencement Date of this Lease and “Commencement Date” of the Companion Lease have been determined following completion of improvements and satisfaction of other appropriate conditions, the parties shall execute amendments to this Lease and the Companion Lease establishing the applicable Commencement Date, the expiration date of the term of the leases in accordance with the foregoing provisions of this Paragraph 41C, the actual rent based upon the measurements of the completed building covered by such lease as certified prior to the Commencement Date by an architect or general contractor reasonably approved by the parties, and the actual date for each rent adjustment provided for in each lease, based upon the actual Commencement Date.
Appears in 1 contract
Samples: Lease Agreement (Maxtor Corp)
Lease Terms Co-extensive. It is acknowledged that (i) concurrently with Landlord has granted Tenant, pursuant to a separate Option Agreement of even date herewith, an Option to Lease an additional building on the execution of this Lease, Landlord and Tenant are also executing a lease dated October 31, 1989 affecting parcel adjacent property upon which is to be constructed a building for Tenant’s use consisting of approximately 155,734 square feet the Premises (the “Companion "Building 7 Lease”"), and (ii) it is the intention of the parties that the term Term of this Lease be co-extensive with the term of the Companion Building 7 Lease, such that the terms of both leases ("the Leases") expire on the same date. To that end, in In the event Tenant exercises its Option to Lease Building 7 (pursuant to the terms and conditions of the Option Agreement), it is hereby agreed that following the date upon which the Commencement Date of this the Building 7 Lease and the comparable “Commencement Date” of the Companion Lease become becomes established as a date certain following completion of improvements and satisfaction of any other conditions related to determining such datesdate, and if such dates are not the same, then whichever date occurs later Term of this Lease shall be extended such that the expiration scheduled Termination Date of this Lease coincides with the scheduled termination date of the lease term for both leases (subject to the right of Tenant to extend either lease pursuant to the options to extend granted in the two leases). It is acknowledged that the implementation of this paragraph may result in an extension of the term of this Building 7 Lease, in which event Tenant shall continue to pay rent at the rate applicable for the period immediately prior to the adjusted lease term expiration date. As soon as the parties are able to implement the provisions of this paragraph Paragraph because the Commencement Date of this the Building 7 Lease and “Commencement Date” of the Companion Lease have has been determined following completion of improvements and satisfaction of other appropriate conditions, the parties shall execute amendments an amendment to this Lease and (i) extending the Companion initial Term of this Lease establishing (if necessary) to be co-terminous with the applicable Commencement Date, the expiration initial termination date of the term Building 7 Lease and (ii) adjusting the Options to Extend accordingly. The monthly Basic Rent on this Lease during the Extension Period shall be increased by $.05 per square foot on the commencement date of said Extension Period. For example, if the leases in accordance with Building 7 Lease commences on May 1, 2004, and this Lease commences the foregoing scheduled Commencement Date of May 1, 1998, the initial Term of this Lease shall be extended by one year and the per square foot monthly Basic Rent during the Extension Period shall be $2.35 per square foot. The provisions of this Paragraph 41C, 40C also requires the actual rent based upon the measurements terms of both of the completed building covered Leases to be extended accordingly if Tenant exercises its Option to Extend under either of the Leases. The monthly Basic Rent during the extended term under each of the Leases shall be increased by such $.05 per square foot on the commencement date of the extended term and thereafter on each and every anniversary of the respective lease as certified prior to the Commencement Date by an architect or general contractor reasonably approved by the parties, and the actual date for each rent adjustment provided for in each lease, based upon the actual Commencement Date.
Appears in 1 contract
Samples: Lease Agreement (Quantum Corp /De/)
Lease Terms Co-extensive. It is acknowledged that (i) concurrently with Landlord has granted Tenant, pursuant to a separate Option Agreement of even date herewith, an Option to Lease an additional building on the execution of this Lease, Landlord and Tenant are also executing a lease dated October 31, 1989 affecting parcel adjacent property upon which is to be constructed a building for Tenant’s use consisting of approximately 155,734 square feet (the Premises ( the “Companion Building 7 Lease”), and (ii) it is the intention of the parties that the term Term of this Lease be co-extensive with the term of the Companion Building 7 Lease, such that the terms of both leases (“the Leases”) expire on the same date. To that end, in In the event Tenant exercises its Option to Lease Building 7 (pursuant to the terms and conditions of the Option Agreement), it is hereby agreed that following the date upon which the Commencement Date of this the Building 7 Lease and the comparable “Commencement Date” of the Companion Lease become becomes established as a date certain following completion of improvements and satisfaction of any other conditions related to determining such datesdate, and if such dates are not the same, then whichever date occurs later Term of this Lease shall be extended such that the expiration scheduled Termination Date of this Lease coincides with the scheduled termination date of the lease term for both leases (subject to the right of Tenant to extend either lease pursuant to the options to extend granted in the two leases). It is acknowledged that the implementation of this paragraph may result in an extension of the term of this Building 7 Lease, in which event Tenant shall continue to pay rent at the rate applicable for the period immediately prior to the adjusted lease term expiration date. As soon as the parties are able to implement the provisions of this paragraph Paragraph because the Commencement Date of this the Building 7 Lease and “Commencement Date” of the Companion Lease have has been determined following completion of improvements and satisfaction of other appropriate conditions, the parties shall execute amendments an amendment to this Lease and (i) extending the Companion initial Term of this Lease establishing (if necessary) to be co-terminous with the applicable Commencement Date, the expiration initial termination date of the term Building 7 Lease and (ii) adjusting the Options to Extend accordingly. The monthly Basic Rent on this Lease during the Extension Period shall be increased by $.05 per square foot on the commencement date of said Extension Period. For example, if the leases in accordance with Building 7 Lease commences on May 1, 2004, and this Lease commences the foregoing scheduled Commencement Date of May 1, 1998, the initial Term of this Lease shall be extended by one year and the per square foot monthly Basic Rent during the Extension Period shall be $[Illegible].35 per square foot. The provisions of this Paragraph 41C, 40C also requires the actual rent based upon the measurements terms of both of the completed building covered Leases to be extended accordingly if Tenant exercises its Option to Extend under either of the Leases. The monthly Basic Rent during the extended term under each of the Leases shall be increased by such $.05 per square foot on the commencement date of the extended term and thereafter on each and every anniversary of the respective lease as certified prior to the Commencement Date by an architect or general contractor reasonably approved by the parties, and the actual date for each rent adjustment provided for in each lease, based upon the actual Commencement Date.
Appears in 1 contract
Samples: Lease Agreement (Maxtor Corp)
Lease Terms Co-extensive. It is acknowledged that (i) concurrently with the execution of this Lease, Landlord and Tenant are also executing a lease dated October 31, 1989 affecting [Illegible] adjacent property upon which is to be constructed a building for Tenant’s use consisting of approximately 155,734 176,516 square feet (the “Companion Lease”), and (ii) it is the intention of the parties that the term of this Lease be co-extensive with the term of the Companion Lease, such that the terms of both leases expire on the same date. To that end, in the event that following the date upon which the Commencement Date of this Lease and the comparable “Commencement Date” of the Companion Lease become established as a date certain following completion of improvements and satisfaction of any other conditions related to determining such dates, and if such dates are not the same, then whichever date occurs later shall be the expiration date of the lease term for both leases (subject to the right of Tenant to extend either lease pursuant to the options to extend granted in the two leases). It is acknowledged that the implementation of this paragraph may result in an extension of the term of this Lease, in which event Tenant shall continue to pay rent at the rate applicable for the period immediately prior to the adjusted lease term expiration date. As soon as the parties are able to implement the provisions of this paragraph because the Commencement Date of this Lease and “Commencement Date” of the Companion Lease have been determined following completion of improvements and satisfaction of other appropriate conditions, the parties shall execute amendments to this Lease and the Companion Lease establishing the applicable Commencement Date, the expiration date of the term of the leases in accordance with the foregoing provisions of this Paragraph 41C, the actual rent based upon the measurements of the completed building covered by such lease as certified prior to the Commencement Date by an architect or general contractor reasonably approved by the parties, and the actual date for each rent adjustment provided for in each lease, based upon the actual Commencement Date.
Appears in 1 contract
Samples: Lease Agreement (Maxtor Corp)