Common use of Modification of Lease - Inclusion of the Additional Space Clause in Contracts

Modification of Lease - Inclusion of the Additional Space. In the event that Tenant shall timely exercise Tenant’s First Offer Right in accordance with the provisions of this Article then, on the effective commencement date of the term applicable to the Additional Space, this Lease shall be deemed modified as follows: A. The Demised Premises shall include the Additional Space (together with all appurtenances, fixtures, improvements, additions and other property attached thereto or installed therein at the commencement of the term applicable to the Additional Space or at any time during said term, other than Tenant’s Personal Property) for all purposes of this Lease; B. The Fixed Rent reserved in this Lease shall be increased by the fair market annual rental value of the Additional Space as of the commencement date of the demised term applicable thereto, as determined by agreement between Owner and Tenant or by arbitration as provided in Section 40.06, and the monthly installments of the Fixed Rent shall each be increased accordingly to conform with the foregoing. In the event that the term applicable to the Additional Space shall commence on a date other than the first day of any month, the monthly installment of the Fixed Rent for the month during which the term applicable to the Additional Space shall occur shall be increased pro rata to reflect such increase in the Fixed Rent; C. The Demised Premises Area set forth in Section 23.01 shall be increased by the number of rentable square feet contained in the Additional Space; and D. The sum of “FOURTEEN THOUSAND TWO HUNDRED FORTY-SEVEN AND 00/100 ($14,247.00) DOLLARS” appearing in subsection A of Section 29.05 of the Lease as the Electrical Inclusion Factor (as said sum may have been increased or decreased pursuant to the provisions of said Section and the Lease), shall be increased by a sum of equal to (x) the per square foot Electrical Inclusion Factor as of the effective commencement date of the term applicable to the Additional Space multiplied by (y) the number of rentable square feet in the Additional Space, and the Electrical Inclusion Factor thereafter shall remain subject to adjustment pursuant to the provisions of Section 29.05. E. Tenant’s payments pursuant to Section 23.04 shall be increased to also take into account the increase in Fixed Rent payable during any Escalation Year by reason of the leasing of such Additional Space (other than that portion attributable to the Electric Inclusion Factor).

Appears in 1 contract

Samples: Lease Agreement (3PAR Inc.)

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Modification of Lease - Inclusion of the Additional Space. In the event that Tenant shall timely exercise Tenant’s 's First Offer Right in accordance with the provisions of this Article then, on the effective commencement date of the term applicable to the Additional Space, this Lease shall be deemed modified as follows: A. The Demised Premises shall include the Additional Space (together with all appurtenances, fixtures, improvements, additions and other property attached thereto or installed therein at the commencement of the term applicable to the Additional Space or at any time during said term, other than Tenant’s 's Personal Property) for all purposes of this Lease; B. The Fixed Rent reserved in this Lease shall be increased by the fair market annual rental value of the Additional Space as of the commencement date of the demised term applicable thereto, as determined by agreement between Owner and Tenant or by arbitration as provided in Section 40.06, and the monthly installments of the Fixed Rent shall each be increased accordingly to conform with the foregoing. In the event that the term applicable to the Additional Space shall commence on a date other than the first day of any month, the monthly installment of the Fixed Rent for the month during which the term applicable to the Additional Space shall occur shall be increased pro rata to reflect such increase in the Fixed Rent; C. The Demised Premises Area set forth in Section 23.01 shall be increased by the number of rentable square feet contained in the Additional Space, determined in the same manner as the original Demised Premises; and D. The sum of “FOURTEEN "FORTY THOUSAND TWO FOUR HUNDRED FORTYSIXTY-SEVEN AND FOUR and 00/100 ($14,247.0040,464.00) DOLLARS" appearing in subsection A of Section 29.05 29.04 of the Lease as the Electrical Inclusion Factor (as said sum may have been increased or decreased pursuant to the provisions of said Section and the Lease), shall be increased by a sum of equal to (x) the per square foot Electrical Inclusion Factor as of the effective commencement date of the term applicable to the Additional Space multiplied by (y) the number of rentable square feet in the Additional Space, and the Electrical Inclusion Factor thereafter shall remain subject to adjustment pursuant to the provisions of Section 29.0529.04. E. Tenant’s payments pursuant to Section 23.04 shall be increased to also take into account the increase in Fixed Rent payable during any Escalation Year by reason of the leasing of such Additional Space (other than that portion attributable to the Electric Inclusion Factor).

Appears in 1 contract

Samples: Lease Agreement (Langer Inc)

Modification of Lease - Inclusion of the Additional Space. In the event that Tenant shall timely exercise Tenant’s First Offer Right in accordance with the provisions of this Article then, on the effective commencement date of the term applicable to the Additional Space, this Lease shall be deemed modified as follows::  A. The Demised Premises shall include the Additional Space (together with all appurtenances, fixtures, improvements, additions and other property attached thereto or installed therein at the commencement of the term applicable to the Additional Space or at any time during said term, other than Tenant’s Personal Property) for all purposes of this Lease;Lease for the remainder of the Demised Term;  B. The Fixed Rent reserved in this Lease shall be increased by the fair market annual rental value of the Additional Space as of the commencement date of the demised term applicable thereto, as determined by agreement between Owner and Tenant or by arbitration as provided in Section 40.06, and the monthly installments of the Fixed Rent shall each be increased accordingly to conform with the foregoing. In the event that the term applicable to the Additional Space shall commence on a date other than the first day of any month, the monthly installment of the Fixed Rent for the month during which the term applicable to the Additional Space shall occur shall be increased pro rata to reflect such increase in the Fixed Rent;;  C. The Demised Premises Area Tenant’s Proportionate Share set forth in Section 23.01 shall be equitably increased by the number of rentable square feet contained in the Additional Space; and D. The sum of “FOURTEEN THOUSAND TWO HUNDRED FORTY-SEVEN AND 00/100 ($14,247.00) DOLLARS” appearing in subsection A of Section 29.05 of the Lease as the Electrical Inclusion Factor (as said sum may have been increased or decreased pursuant to the provisions of said Section and the Lease), shall be increased by a sum of equal to (x) the per square foot Electrical Inclusion Factor as of the effective commencement date of the term applicable to the Additional Space multiplied by (y) the number of rentable square feet in the Additional Space, and the Electrical Inclusion Factor thereafter shall remain subject to adjustment pursuant to the provisions of Section 29.05. E. Tenant’s payments pursuant to Section 23.04 shall be increased to also take into on account the increase in Fixed Rent payable during any Escalation Year by reason of the leasing of such the Additional Space (other than that portion attributable to the Electric Inclusion Factor)Space.

Appears in 1 contract

Samples: Lease Agreement (Bankrate, Inc.)

Modification of Lease - Inclusion of the Additional Space. In the event that Tenant shall timely exercise Tenant’s 's First Offer Right in accordance with the provisions of this Article then, on the effective commencement date of the term applicable to the Additional Space, this Lease shall be deemed modified as follows: A. The Demised Premises shall include the Additional Space (together with all appurtenances, fixtures, improvements, additions and other property attached thereto or installed therein at the commencement of the term applicable to the Additional Space or at any time during said term, other than Tenant’s 's Personal Property) for all purposes of this Lease; B. The Fixed Rent reserved in this Lease shall be increased by the fair market annual rental value of the Additional Space as of the commencement date dare of the demised term applicable thereto, as determined by agreement between Owner and Tenant or by arbitration as provided in Section 40.06, but in no event shall such increase in the Fixed Rent per rentable square foot, from time to time, be less than the Fixed Rent per rentable square foot in effect from time to time applicable to the original portion of the Demised Premises (before giving effect to any abatement or apportionment of such Fixed Rent), and the monthly installments of the Fixed Rent shall each be increased accordingly to conform with the foregoing. In the event that the term applicable to the Additional Space shall commence on a date other than the first day of any month, the monthly installment of the Fixed Rent for the month during which the term applicable to the Additional Space shall occur shall be increased pro rata to reflect such increase in the Fixed Rent; C. The Demised Premises Area set forth in Section 23.01 shall be increased by the number of rentable 2,033 square feet contained in the Additional Spacefeet; and D. The sum Tenant's Electrical Share of “FOURTEEN THOUSAND TWO HUNDRED FORTYsixty-SEVEN AND 00/100 two and 13/100 ($14,247.0062.13%) DOLLARS” appearing percent set forth in subsection A of Section 29.05 of the Lease as the Electrical Inclusion Factor (as said sum may have been increased or decreased pursuant to the provisions of said Section and the Lease), shall be increased by a sum of equal to twelve and 9/10 (x12.9%) the per square foot Electrical Inclusion Factor as of the effective commencement date of the term applicable to the Additional Space multiplied by (y) the number of rentable square feet in the Additional Space, and the Electrical Inclusion Factor thereafter shall remain subject to adjustment pursuant to the provisions of Section 29.05percent. E. Tenant’s payments pursuant to Section 23.04 shall be increased to also take into account the increase in Fixed Rent payable during any Escalation Year by reason of the leasing of such Additional Space (other than that portion attributable to the Electric Inclusion Factor).

Appears in 1 contract

Samples: Lease Agreement (N2k Inc)

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Modification of Lease - Inclusion of the Additional Space. In the event that Tenant shall timely exercise Tenant’s 's First Offer Right in accordance with the provisions of this Article then, on the effective commencement date of the term applicable to the Additional Space, this Lease shall be deemed modified as follows: A. The Demised Premises shall include the Additional Space (together with all appurtenances, fixtures, improvements, additions and other property attached thereto or installed therein at the commencement of the term applicable to the Additional Space or at any time during said term, other than Tenant’s 's Personal Property) for all purposes of this Lease; B. The Fixed Rent reserved in this Lease shall be increased by the fair market annual rental value of the Additional Space as of the commencement date of the demised term applicable thereto, as determined by agreement between Owner and Tenant or by arbitration as provided in Section 40.06, but in no event shall such increase in the Fixed Rent per rentable square foot, from time to time, be less than the Fixed Rent per rentable square foot in effect from time to time applicable to the original portion of the Demised Premises (before giving effect to any abatement or apportionment of such Fixed Rent), and the monthly installments of the Fixed Rent shall each be increased accordingly to conform with the foregoing. In the event that the term applicable to the Additional Space shall commence on a date other than the first day of any month, the monthly installment of the Fixed Rent for the month during which the term applicable to the Additional Space shall occur shall be increased pro rata to reflect such increase in the Fixed Rent;; and C. The Demised Premises Area set forth in Section 23.01 shall be increased by the number of rentable square feet contained in the Additional Space; and D. The sum of “FOURTEEN THOUSAND TWO HUNDRED FORTY-SEVEN AND 00/100 ($14,247.00) DOLLARS” appearing , determined in subsection A of Section 29.05 of the Lease same manner as the Electrical Inclusion Factor (as said sum may have been increased or decreased pursuant to the provisions of said Section and the Lease), shall be increased by a sum of equal to (x) the per square foot Electrical Inclusion Factor as of the effective commencement date of the term applicable to the Additional Space multiplied by (y) the number of rentable square feet in the Additional Space, and the Electrical Inclusion Factor thereafter shall remain subject to adjustment pursuant to the provisions of Section 29.05. E. Tenant’s payments pursuant to Section 23.04 shall be increased to also take into account the increase in Fixed Rent payable during any Escalation Year by reason of the leasing of such Additional Space (other than that portion attributable to the Electric Inclusion Factor).original Demised Premises

Appears in 1 contract

Samples: Lease Agreement (GTJ REIT, Inc.)

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