Modification of Premises. Effective as of the earlier to occur of (i) July 1, 2025, (ii) the date that is twelve (12) months after the Effective Date, and (iii) the date that Tenant substantially completes construction of the Tenant Improvements in the Fourth Expansion Premises (such date, the “Fourth Expansion Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Expansion Premises. Landlord shall be deemed to have tendered possession of the Fourth Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fourth Expansion Premises, and no action by Tenant shall be required therefor. If, for any reason, Landlord is delayed in tendering possession of the Fourth Expansion Premises to Tenant on the Effective Date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired, but the dates set forth in (i) and (ii) of the definition of the Fourth Expansion Commencement Date shall be extended by one day for each day after the Effective Date until Landlord tenders possession of the Fourth Expansion Premises to Tenant. Effective upon the Fourth Expansion Commencement Date, the Existing Premises shall be increased to include the Fourth Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fourth Expansion Premises to the Existing Premises shall, effective as of the Fourth Expansion Commencement Date, increase the size of the Premises to approximately 186,104 RSF. The Existing Premises and the Fourth Expansion Premises may hereinafter collectively be referred to as the “Premises.” All references in the Lease, as amended, to the Building shall mean (i) the 700 Building when the context applies to the 700 Building or any portion of the Premises located in the 700 Building, (ii) the 300 Building when the context applies to the 300 Building or any portion of the Premises located in the 300 Building, (iii) the 800 Building when the context applies to the 700 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, and (vi) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, and the 500 Building when the context applies to each of such buildings.
Appears in 2 contracts
Samples: Lease (Revolution Medicines, Inc.), Lease (Revolution Medicines, Inc.)
Modification of Premises. Effective as of the earlier to occur of (i) July April 1, 2025, 2022 (ii) the date that is twelve (12) months after the Effective Date, and (iii) the date that Tenant substantially completes construction of the Tenant Improvements in the Fourth Expansion Premises (such date, the “Fourth "Expansion Commencement Date”"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Expansion Premises. Landlord shall be deemed to have tendered possession of the Fourth Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fourth Expansion PremisesPremises (the "Expansion Possession Date"), and no action by Tenant shall be required therefor. If, for any reason, Landlord is delayed in tendering possession of the Fourth Expansion Premises to Tenant on the Effective Date, Landlord shall use commercially reasonable efforts to cause the Expansion Possession Date to occur on December 1, 2021. If Landlord does not be subject cause the Expansion Possession Date to any liability for such failureoccur by January 1, and 2022 (the validity of this Lease shall not be impaired“Abatement Outside Date”), but the dates set forth in (i) and (ii) of the definition of the Fourth Expansion Commencement which Abatement Outside Date shall be extended by one day for each day of delay or delays to the extent caused by (a) Force Majeure Events (as defined in the Lease, and modified hereinbelow), and (b) any delays actually caused by Tenant. Tenant shall receive one day of abatement, with respect to the Expansion Premises only, for each day of the "Delayed Delivery Period" (defined below). For purposes of this Second Amendment, "Delayed Delivery Period" shall mean each day after the Effective Abatement Outside Date until Landlord tenders possession the Expansion Possession Date occurs (after deducting the number of the Fourth Expansion Premises to Tenantdays of tenant delays and/or delays arising from events of Force Majeure, if any). Effective Consequently, effective upon the Fourth Expansion Commencement Date, the Existing Premises shall be increased to include the Fourth Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fourth Expansion Premises to the Existing Premises shall, effective as of the Fourth Expansion Commencement Date, increase the size of the Premises to approximately 186,104 RSF29,732 rentable square feet. The Existing Premises and the Fourth Expansion Premises may hereinafter collectively be referred to as the “"Premises.” " In connection with the Expansion Premises, Tenant shall be entitled all utilities, facilities, services (including services related to maintenance, repair and restoration) as are provided under the Lease amended hereby including, but not limited to, the utilities, facilities and services provided under Articles 8, 11, Section 12.2 and Section 12.3, and the terms of Articles 14 and 15 shall apply to Tenant’s lease of the Expansion Premises. All references in the Lease, as amended, to the Building shall mean (i) the 700 Existing Building when the context applies to the 700 Existing Building or any portion of the Premises (i.e., the Existing Premises) located in the 700 Existing Building, (ii) the 300 Expansion Building when the context applies to the 300 Expansion Building or any portion of the Premises (i.e., the Expansion Premises) located in the 300 Expansion Building, and (iii) both the 800 Existing Building and the Expansion Building when the context applies to the 700 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, and (vi) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, and the 500 Building when the context applies to each both of such buildings.
Appears in 1 contract
Samples: Lease Agreement (Vaxart, Inc.)
Modification of Premises. Effective as of the earlier to occur of (i) July 1, 2025, (ii) date Landlord delivers the date that is twelve (12) months after the Effective Date, and (iii) the date that Tenant substantially completes construction Phase 1 portion of the Tenant Improvements in the Fourth Expansion Premises to Tenant “Ready for Occupancy” (such date, the “Fourth Expansion Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Phase 1 portion of the Expansion Premises (which date is anticipated to occur in October, 2019). Effective as of the later of the Expansion Commencement Date or the date Landlord delivers the Phase 2 portion of the Premises to Tenant “Ready for Occupancy” (the “Phase 2 Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Phase 2 portion of the Expansion Premises. Landlord shall be deemed to have tendered possession of the Fourth Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fourth Expansion Premises, and no action by Tenant shall be required therefor. If, for any reason, Landlord is delayed in tendering possession of the Fourth Expansion Premises to Tenant on the Effective Date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired, but the dates set forth in (i) and (ii) of the definition of the Fourth Expansion Commencement Date shall be extended by one day for each day after the Effective Date until Landlord tenders possession of the Fourth Expansion Premises to Tenant. Effective upon the Fourth Expansion Commencement Date, the Existing Premises shall be increased to include the Fourth Expansion Premises. Landlord and Tenant hereby acknowledge that such The addition of the Fourth Phase 1 portion of the Expansion Premises to the Existing Premises shall, effective as of the Fourth Expansion Premises Commencement Date, increase the size of the Premises to approximately 28,977 RSF. The addition of the Phase 2 portion of the Expansion Premises to the Existing Premises and the Phase 1 portion of the Expansion Premises shall, effective as of the Phase 2 Expansion Commencement Date, increase the size of the Premises to approximately 186,104 50,298 RSF. The Existing Premises and the Fourth Expansion Premises may hereinafter collectively be referred to as the “Premises.” All references in ”. The last two (2) sentences of Section 1.1.1 of the LeaseLease shall apply as to the Expansion Premises. Landlord represents that the Expansion Premises are currently leased to ICE DATA SERVICES, INC. (the “Existing Tenant”) and Landlord has entered into an agreement with the Existing Tenant to terminate its lease and the Existing Tenant and any subtenants to vacate and surrender the Expansion Premises on or before May 31, 2019, as amended, to the Building shall mean (i) the 700 Building when the context applies to the 700 Building or any Phase 1 portion of the Expansion Premises located in the 700 Buildingand December 31, (ii) the 300 Building when the context applies 2019, as to the 300 Building or any Phase 2 portion of the Expansion Premises. Landlord shall use commercially reasonable efforts to enforce such agreement and deliver the phases of the Expansion Premises located to Tenant as soon as practicable thereafter. Landlord shall deliver the Expansion Premises in the 300 Building, (iii) required condition promptly following the 800 Building when the context applies to the 700 Building or any portion Existing Tenant’s vacation and surrender of each phase of the Expansion Premises located in the 800 Buildingand completion of any environmental closure required by Applicable Laws. 799463.04/WLA 377097-00004/5-28-19/ejs/ejs HCP LIFE SCIENCE REIT, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 BuildingINC. [First Amendment] [Pulse Biosciences, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, and (vi) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, and the 500 Building when the context applies to each of such buildings.Inc.]
Appears in 1 contract
Samples: Lease (Pulse Biosciences, Inc.)
Modification of Premises. Effective as of the earlier to occur of Expansion Possession Date (idefined below) July 1, 2025, (ii) the date that is twelve (12) months after the Effective Date, and (iii) the date that Tenant substantially completes construction of the Tenant Improvements in the Fourth Expansion Premises (such date, date is also the “Fourth "Expansion Commencement Date”), ") Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Expansion Premises. Landlord shall be deemed to have tendered The date of Landlord's tendering of possession of the Fourth Expansion Premises to Tenant upon following the date that Landlord provides Tenant with a key or access card to Substantial Completion of the Fourth Expansion Premises, and no action by Tenant Improvements (as defined in the Work Letter) shall be required thereforthe "Expansion Possession Date". If, If for any reason, Landlord is delayed in tendering possession of the Fourth Expansion Premises to Tenant by any particular date (including, without limitation, on account of any present tenant or occupant of the Effective DatePremises not vacating the Premises), Landlord shall not be subject to any liability Losses for such failure, and the validity of this the Lease shall not be impaired. Consequently, but the dates set forth in (i) and (ii) of the definition of the Fourth Expansion Commencement Date shall be extended by one day for each day after the Effective Date until Landlord tenders possession of the Fourth Expansion Premises to Tenant. Effective effective upon the Fourth Expansion Commencement Date, the Existing Premises shall be increased to include the Fourth Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fourth Expansion Premises to the Existing Premises shall, effective as of the Fourth Expansion Commencement Date, increase the size of the Premises to approximately 186,104 RSF110,082 rentable (and usable) square feet. The Existing Premises and the Fourth Expansion Premises may hereinafter collectively be referred to as the “"Premises.” All references in the Lease, as amended, to the Building shall mean (i) the 700 Building when the context applies to the 700 Building or any portion of the Premises located in the 700 Building, (ii) the 300 Building when the context applies to the 300 Building or any portion of the Premises located in the 300 Building, (iii) the 800 Building when the context applies to the 700 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, and (vi) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, and the 500 Building when the context applies to each of such buildings."
Appears in 1 contract
Samples: Office Lease (DermTech, Inc.)
Modification of Premises. Effective as of the earlier to occur of (i) July January 1, 2025, 2020 (ii) the date that is twelve (12) months after the Effective Date, and (iii) the date that Tenant substantially completes construction of the Tenant Improvements in the Fourth Expansion Premises (such date, the “Fourth Expansion Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Expansion Premises. Landlord shall be deemed to have tendered possession of the Fourth Expansion Premises to Tenant Consequently, effective upon the date that Landlord provides Tenant with a key or access card to the Fourth Expansion Premises, and no action by Tenant shall be required therefor. If, for any reason, Landlord is delayed in tendering possession of the Fourth Expansion Premises to Tenant on the Effective Date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired, but the dates set forth in (i) and (ii) of the definition of the Fourth Expansion Commencement Date shall be extended by one day for each day after the Effective Date until Landlord tenders possession of the Fourth Expansion Premises to Tenant. Effective upon the Fourth Expansion Commencement Date, the Existing Premises shall be increased to include the Fourth Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fourth Expansion Premises to the Existing Premises shall, effective as of the Fourth Expansion Commencement Date, increase the size of the Premises to approximately 186,104 RSF96,944 rentable square feet. The Existing Premises and the Fourth Expansion Premises may hereinafter collectively be referred to as the “Premises.”. Notwithstanding anything to the contrary set forth in this Section 2, Tenant hereby acknowledges that the Expansion Premises are currently occupied by AIG Claims, Inc. (“AIG”), and if Tenant and AIG do not enter into the “AIG Sublease,” All references as that term is defined in Section 3.3, below, and AIG holds over in the LeaseExpansion Premises past December 31, as amended2019, then Tenant's sole remedy shall be a day-for-day abatement of Base Rent for the Expansion Premises for the number of days from January 1, 2020 until the date that Landlord recovers the Expansion Premises from AIG (the “Abatement Remedy”). Such abatement shall commence immediately following the expiration of the Rent Abatement Period and such applicable abatement amount shall be credited against Base Rent for the Expansion Premises until exhausted in full. For avoidance of doubt, if Tenant and AIG enter into the AIG Sublease, but AIG fails to timely surrender the Expansion Premises to Tenant under the AIG Sublease, the same shall be Tenant’s sole responsibility and under no circumstance shall Tenant be entitled to the Building shall mean (iAbatement Remedy. 798514 .04/WLA [Third Amendment) the 700 Building when the context applies to the 700 Building or any portion of the Premises located in the 700 Building888888-00019 / 5-6- 19 /ctl/c tl [AssetMark, (ii) the 300 Building when the context applies to the 300 Building or any portion of the Premises located in the 300 Building, (iii) the 800 Building when the context applies to the 700 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, and (vi) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, and the 500 Building when the context applies to each of such buildings.Inc.]
Appears in 1 contract
Modification of Premises. Effective as In connection with any remodeling of all or any portion of the earlier to occur of (i) July 1, 2025, (ii) the date that is twelve (12) months after the Effective Date, and (iii) the date that Tenant substantially completes construction of the Tenant Improvements in the Fourth Expansion Premises (such date, the “Fourth Expansion Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Expansion Premises. Landlord shall be deemed to have tendered possession of the Fourth Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fourth Expansion Premises, and no action by Tenant shall be required therefor. If, for any reason, Landlord is delayed in tendering possession of the Fourth Expansion Premises to Tenant on the Effective DateHotel, Landlord shall not be subject have the right to any liability for such failure, and change the validity of this Lease shall not be impaired, but dimensions or reduce the dates set forth in (i) and (ii) size of the definition of the Fourth Expansion Commencement Date shall be extended by one day for each day after the Effective Date until Landlord tenders possession of the Fourth Expansion Premises to Tenant. Effective upon the Fourth Expansion Commencement Date, the Existing Premises shall be increased to include the Fourth Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fourth Expansion Premises to the Existing Premises shall, effective as of the Fourth Expansion Commencement Date, increase If a proposed reduction in the size of the Premises to approximately 186,104 RSF. The Existing Premises and the Fourth Expansion Premises may hereinafter collectively be referred to as the “Premises.” All references would result in the LeasePremises being less than eighty-five percent (85%) of its original size, or if, as amendeda result thereof, to the Building shall mean (i) the 700 Building when the context applies to the 700 Building or any remaining portion of the Premises located would not be suitable for the conduct of Tenant's permitted business hereunder, Tenant shall have the right to terminate this Lease by written notice to Landlord given within thirty (30) days after Landlord notifies Tenant of Landlord's intention to remodel. A termination by Tenant hereunder shall be effective thirty (30) days after the notice of termination is given to Landlord unless, within such thirty (30) day period, Landlord elects to relocate the Premises pursuant to Section 1.2 hereof or to rescind its decision to remodel the Premises. In the event of any remodeling pursuant to this Section 1.3, Landlord shall repair any resulting damage to the Premises. In connection with any such remodeling, Landlord may require Tenant to cease conducting business from the Premises for up to thirty (30) days. Rent shall be abated during any period that Landlord requires Tenant to cease conducting business, and Base Rent shall be reduced in proportion to any reduction in the 700 Building, (ii) the 300 Building when the context applies to the 300 Building or any portion floor area of the Premises located in the 300 Buildinghereunder. Upon any termination by Tenant hereunder, (iii) the 800 Building when the context applies to the 700 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, and (vi) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, and the 500 Building when the context applies to each of such buildingsLandlord shall reimburse Tenant for Tenant's Unamortized Costs.
Appears in 1 contract
Modification of Premises. Effective Notwithstanding any provision to the contrary contained in the Lease, effective as of the earlier date (the "Expansion Commencement Date") that is five (5) Business Days following the date that this First Amendment is fully executed and delivered by Landlord and Tenant and Landlord has delivered exclusive possession of the Expansion Premises to occur of Tenant in the condition required in subsections (i) July 1, 2025, and (ii) the date that is twelve (12) months after the Effective Date, and (iii) the date that Tenant substantially completes construction of the Tenant Improvements in the Fourth Expansion Premises (such date, the “Fourth Expansion Commencement Date”)this Section 2, Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Expansion PremisesPremises subject to the terms of this First Amendment. Landlord shall be deemed to have tendered (i) deliver exclusive possession of the Fourth Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fourth Expansion Premisesall existing furniture, fixtures and no action by Tenant shall be required therefor. Ifequipment and any other personal property removed, for any reason, Landlord is delayed in tendering possession of the Fourth Expansion Premises to Tenant on the Effective Date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired, but the dates set forth in (i) and (ii) cause the Building Systems serving the Expansion Premises to be in good working order upon the date of Landlord's delivery of the definition of the Fourth Expansion Commencement Date shall be extended by one day for each day after the Effective Date until Landlord tenders possession of the Fourth Expansion Premises to Tenant. Effective Consequently, effective upon the Fourth Expansion Commencement Date, the Existing Premises shall be increased to include the Fourth Expansion Premises. Except as otherwise provided in this First Amendment, all references in the Lease and this First Amendment to the "Premises" shall include the Existing Premises and the Expansion Premises. Notwithstanding anything to the contrary contained in the Lease, Landlord and Tenant hereby acknowledge that such addition stipulate to the rentable and usable square feet of the Fourth Expansion Premises to as set forth in Recital B above, and agree that the Existing Premises shall, effective as of the Fourth Expansion Commencement Date, increase the size of the Premises to approximately 186,104 RSF. The Existing Premises and the Fourth Expansion Premises may hereinafter collectively shall not be referred subject to remeasurement or modification at any time during the Expansion Term (as the “Premisesthat term is defined in Section 3 below).” All references in the Lease, as amended, to the Building shall mean (i) the 700 Building when the context applies to the 700 Building or any portion of the Premises located in the 700 Building, (ii) the 300 Building when the context applies to the 300 Building or any portion of the Premises located in the 300 Building, (iii) the 800 Building when the context applies to the 700 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, and (vi) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, and the 500 Building when the context applies to each of such buildings.
Appears in 1 contract
Samples: To Lease (ChromaDex Corp.)
Modification of Premises. Effective as of the earlier date (the "Expansion Commencement Date") which is the later to occur of (i) July April 1, 20252015, and (ii) the date that which is twelve one hundred twenty (12120) months after the Effective Date, and (iii) days following the date that Tenant substantially completes construction of upon which Landlord delivers the Tenant Improvements in the Fourth Expansion Premises (such date, the “Fourth Expansion Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Expansion Premises. Landlord shall be deemed to have tendered possession of the Fourth Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card (which delivery is anticipated to the Fourth Expansion Premisesoccur between July 1, 2014 and no action by Tenant shall be required therefor. IfNovember 1, for any reason, Landlord is delayed in tendering possession of the Fourth Expansion Premises to Tenant on the Effective Date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired, but the dates set forth in (i) and (ii) of the definition of the Fourth Expansion Commencement Date shall be extended by one day for each day after the Effective Date until Landlord tenders possession of the Fourth Expansion Premises to Tenant. Effective upon the Fourth Expansion Commencement Date2014), the Existing Premises shall be increased to include the Fourth Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fourth Expansion Premises to the Existing Premises shall, effective as of the Fourth Expansion Commencement Date, increase the size of the Premises to approximately 186,104 RSF. The Existing Premises and the Fourth Expansion Premises may hereinafter collectively be referred to as the “"Premises.” ". All references in the Lease, as amended, to the Building shall mean (ia) the 700 250 Building when the context applies to the 700 250 Building or any portion of the Premises located in the 700 250 Building, (iib) the 300 270 Building when the context applies to the 300 270 Building or any portion of the Premises located in the 300 270 Building, and (iiic) both the 800 250 Building and the 270 Building when the context applies to both of such buildings. Tenant shall have the 700 Building right to access the Expansion Premises from and after the date upon which Landlord delivers the Expansion Premises to Tenant, in accordance with the terms of Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"). In the event the Expansion Commencement Date is determined pursuant to item (i) above (i.e., April 1, 2014 occurs more than one hundred twenty (120) days after the date Landlord delivers the Expansion Premises to Tenant), then Tenant shall have the right to occupy and use all or any portion of the Expansion Premises located during the period commencing on the date which is one hundred twenty (120) days following the date upon which Landlord delivers the Expansion Premises to Tenant; provided that Landlord is in the 800 Building, receipt of (ivx) the 900 Building when Minimum Rental for the context applies to the 900 Building or any portion second (2nd) full month of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 BuildingExpansion Term(as required by Section 4.2 below), and (viy) each a certificate of insurance in compliance with the indemnification provisions set forth in the Lease, as amended, and continuing through March 31, 2015 (the "Beneficial Occupancy Period"). Tenant shall give Landlord prior notice of any such occupancy of the 700 BuildingExpansion Premises. Other than Tenant's obligation to pay Minimum Rental and Tenant’s Operating Cost Share with respect to the Expansion Premises, all of the 300 Building, terms and conditions of the 800 Building, Lease shall apply during the 900 Building, and Beneficial Occupancy Period as though the 500 Building when Expansion Commencement Date had occurred (it nevertheless being acknowledged that the context applies Expansion Commencement Date shall not actually occur until the occurrence of the same pursuant to each the terms of such buildingsthis Section 2).
Appears in 1 contract
Samples: Lease (Portola Pharmaceuticals Inc)
Modification of Premises. Effective as of the earlier later to occur of (i) July January 1, 20252024, and (ii) the date that is twelve “Possession Date” (12defined below) months after the Effective Date, and (iii) the date that Tenant substantially completes construction of the Tenant Improvements in the Fourth Expansion Premises (such date, the “Fourth "Third Expansion Commencement Date”"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth [Revolution Medicines, Inc.] Third Expansion Premises. Landlord shall be deemed to have tendered possession of the Fourth Third Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fourth Third Expansion PremisesPremises (the "Possession Date"), and no action by Tenant shall be required therefor. If, If for any reason, Landlord is delayed in tendering possession of the Fourth Third Expansion Premises to Tenant on the Effective Dateby any particular date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired, but Tenant shall not be obligated to pay Rent until the dates set forth in (i) and (ii) of the definition of the Fourth Expansion Commencement Possession Date shall be extended by one day for each day after the Effective Date until Landlord tenders possession of the Fourth Expansion Premises to Tenantoccurs. Effective Consequently, effective upon the Fourth Third Expansion Commencement Date, the Existing Premises shall be increased to include the Fourth Third Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fourth Third Expansion Premises to the Existing Premises shall, effective as of the Fourth Third Expansion Commencement Date, increase the size of the Premises to approximately 186,104 142,811 RSF. The Existing Premises and the Fourth Third Expansion Premises may hereinafter collectively be referred to as the “"Premises.” " All references in the Lease, as amended, to the Building shall mean (i) the 700 Building when the context applies to the 700 Building or any portion of the Premises located in the 700 Building, (ii) the 300 Building when the context applies to the 300 Building or any portion of the Premises located in the 300 Building, (iii) the 800 Building when the context applies to the 700 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, and (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, and (vi) each of the 700 Building, the 300 Building, the 800 Building, Building and the 900 Building, and the 500 Building when the context applies to each of such buildings.
Appears in 1 contract
Samples: Lease (Revolution Medicines, Inc.)
Modification of Premises. Effective as of the date (the ‘‘Expansion Commencement Date’’) that is the earlier to occur of (i) July 1, 2025the date of Tenant's occupancy of the Expansion Premises for the conduct of business, (ii) the date that is twelve of ‘‘Substantial Completion’’ of the ‘‘Tenant Improvements’’ (12) months after as those terms are defined in Sections 4.4 and 2.1, respectively, of the Effective DateTenant Work Letter attached hereto as Exhibit B (the ‘‘Tenant Work Letter’’)), and (iii) the date that Tenant substantially completes construction is six (6) months following the ‘‘Possession Date’’ (as that term is defined in Section 5 below) [provided that the dates under clauses (ii) and (iii) above shall in no event be earlier than July 1, 2021, and such dates under clauses (ii) and (iii) above shall be subject to extension as set forth in Section 5.7 of the Tenant Improvements Work Letter], and continuing until the Lease Expiration Date (i.e., April 30,2027, but subject to extension as set forth in Section 5.7 of the Fourth Expansion Premises (such date, the “Fourth Expansion Commencement Date”Tenant Work Letter), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Expansion Premises. Landlord shall be deemed to have tendered possession of the Fourth Expansion Premises to Tenant Consequently, effective upon the date that Landlord provides Tenant with a key or access card to the Fourth Expansion Premises, and no action by Tenant shall be required therefor. If, for any reason, Landlord is delayed in tendering possession of the Fourth Expansion Premises to Tenant on the Effective Date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired, but the dates set forth in (i) and (ii) of the definition of the Fourth Expansion Commencement Date shall be extended by one day for each day after the Effective Date until Landlord tenders possession of the Fourth Expansion Premises to Tenant. Effective upon the Fourth Expansion Commencement Date, the Existing Premises shall be increased to include the Fourth Expansion Premises. Landlord (The dates described in clauses (ii) and (iii) above are collectively referred to as the ‘‘Dates Subject to Extension’’.) In the event that the Lease Expiration Date is extended pursuant to Section 5.7 of the Tenant hereby acknowledge that Work Letter, then Tenant shall continue to pay Rent for the Existing Premises and the Expansion Premises in accordance with the terms of the Lease during such extended period of the Lease Term, and Base Rent shall be payable at the rate set forth in the Lease for the last month of the Lease Term for each of the Existing Premises and the Expansion Premises. The addition of the Fourth Expansion Premises to the Existing Premises shall, effective as of the Fourth Expansion Commencement Date, increase the size of the Premises to approximately 186,104 48,868 RSF. The Existing Premises and the Fourth Expansion Premises may hereinafter shall, effective as of the Expansion Commencement Date, collectively be referred to as the “‘‘Premises.” All references ’’. Landlord and Tenant hereby stipulate and agree that the rentable area of the Expansion Premises is as set forth in Recital Section B above. At any time during the ‘‘Expansion Term’’ (as that term is defined in Section 3.2 below), Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C attached to the Office Lease, as amended, to the Building shall mean (i) the 700 Building when the context applies to the 700 Building or any portion a confirmation only of the information set forth therein, which, if accurate, Tenant shall execute and return to Landlord within five (5) days of receipt thereof. If Tenant fails to respond to such notice within such 5-day period, Landlord may send a written ‘‘reminder notice’’. Tenant's failure to respond to such reminder notice within three (3) business days following Tenant's receipt thereof shall be deemed Tenant's agreement that the information set forth in such notice is as specified therein. For the avoidance of any doubt, Tenant shall not be deemed to have failed to respond to, and shall not be bound by the information set forth in, a proposed confirmation of commencement for the Expansion Premises located if Tenant shall timely notify Landlord, in the 700 Buildingwriting, (ii) the 300 Building when the context applies to the 300 Building that Tenant disputes any or any portion all of the Premises located in the 300 Building, (iii) the 800 Building when the context applies to the 700 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, and (vi) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, and the 500 Building when the context applies to each of such buildings.information set forth therein...
Appears in 1 contract
Modification of Premises. Effective as of the earlier to occur of (i) July 1, 2025, (ii) the date that is twelve (12) months after the Effective Date, and (iii) the date that Tenant substantially completes construction of the Tenant Improvements in the Fourth Expansion Premises (such date, the “Fourth Expansion Commencement Date”” (as that term is defined hereinbelow), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Expansion Premises. Landlord shall be deemed to have tendered possession of the Fourth Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fourth Expansion Premises, and no action by Tenant shall be required therefor. If, for any reason, Landlord is delayed in tendering possession of the Fourth Expansion Premises to Tenant on the Effective Date, Landlord shall not be subject to any liability for such failure, and the validity For purposes of this Lease First Amendment, the term “Expansion Commencement Date” shall not be impaired, but mean the dates set forth in later to occur of (i) and December 1, 2015, or (ii) of the definition of date the Fourth Expansion Commencement Date shall be extended by one day Premises are “Ready for each day after Occupancy” as defined in the Effective Date until Landlord tenders possession of Tenant Work Letter attached hereto as Exhibit B (the Fourth Expansion Premises to Tenant“Tenant Work Letter”). Effective upon the Fourth Expansion Commencement Date, the Existing Premises shall be increased to include the Fourth Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fourth Expansion Premises to the Existing Premises shall, effective as of the Fourth Expansion Commencement Date, increase the size of the Premises to approximately 186,104 RSF93,579 rentable square feet. The Existing Premises and the Fourth Expansion Premises may hereinafter after the Expansion Commencement Date collectively HCP LS REDWOOD CITY, LLC [First Amendment] [Relypsa, Inc.] be referred to as the “Premises.” All ”. After the Expansion Commencement Date, all references in the Lease, as amended, to the Building shall mean (i) the 700 100 Building when the context applies to the 700 100 Building or any portion of the Premises located in the 700 100 Building, (ii) the 300 200 Building when the context applies to the 300 200 Building or any portion of the Premises located in the 300 200 Building, and (iii) both the 800 100 Building and the 200 Building when the context applies to the 700 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, and (vi) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, and the 500 Building when the context applies to each both of such buildings; provided, however, references to the Building in Sections 4.1.2, 11.2, 15.4 and 24 as to the Expansion Premises shall mean the Expansion Premises.
Appears in 1 contract
Samples: Lease (Relypsa Inc)
Modification of Premises. Effective as Tenant shall have the right to increase or decrease the size of the earlier Premises described in the Basic Lease Information and shown on the attached Exhibit A, provided the specific configuration of the modified Premises shall be subject to occur Landlord’s approval, which shall not be unreasonably withheld, and such modification shall be made in accordance with the terms and conditions of this Section 2.2. If Tenant desires to increase the size of the Second Floor Premises or the Fourth Floor Premises, or to decrease the size of the Second Floor Premises, the Third Floor Premises, or the Fourth Floor Premises, Tenant shall provide Landlord with written notice of such election (the “Premises Modification Notice”) not later than sixty (60) days after the full execution of this Lease by Landlord and Tenant (the “Premises Modification Notice Deadline”), which Premises Modification Notice shall include a depiction of the desired configuration of the modified Premises. Tenant’s right to modify the Premises is subject to the following terms and conditions: (i) July 1, 2025the total Rentable Area of the Premises following such modification shall not be less than 92,000 rentable square feet, (ii) the date that is twelve (12) months after the Effective Date, and (iii) the date that Tenant substantially completes construction of the Tenant Improvements in the Fourth Expansion Second Floor Premises (such date, the “Fourth Expansion Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Expansion Premises. Landlord shall be deemed to have tendered possession of the Fourth Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fourth Expansion Premises, and no action by Tenant shall be required therefor. If, for any reason, Landlord is delayed in tendering possession of the Fourth Expansion Premises to Tenant on the Effective Date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired, but the dates set forth in (i) and (ii) of the definition of the Fourth Expansion Commencement Date shall be extended by one day for each day after the Effective Date until Landlord tenders possession of the Fourth Expansion Premises to Tenant. Effective upon the Fourth Expansion Commencement Date, the Existing Premises shall may be increased to include the Fourth Expansion Premises. Landlord and Tenant hereby acknowledge that such addition part or all of the Fourth area labeled “Initial Expansion Premises to the Existing Premises shall, effective as of the Fourth Expansion Commencement Date, increase the size of the Premises to approximately 186,104 RSF. The Existing Premises and the Fourth Expansion Premises may hereinafter collectively be referred to as Area” on attached Exhibit A (the “Premises.” All references in the Lease, as amended, to the Building shall mean (i) the 700 Building when the context applies to the 700 Building or any portion of the Premises located in the 700 Building, (ii) the 300 Building when the context applies to the 300 Building or any portion of the Premises located in the 300 BuildingInitial Expansion Area”), (iii) the 800 Building when the context applies to the 700 Building or any portion configuration of each increment of the Premises located in the 800 Buildingmust be permitted by applicable laws regarding exiting, (iv) the 900 Building when the context applies to the 900 Building or any portion of space included in the Premises located in the 900 Buildingon each floor shall be reasonably contiguous, (v) the 500 Building when the context applies to the 500 Building or any if Tenant leases a portion of the Premises located Initial Expansion Area, the balance of the Initial Expansion Area not leased by Tenant, taken together with the balance of the then-unleased space on the floor, shall in the 500 BuildingLandlord’s reasonable judgment be readily leaseable for general office purposes with legal exiting and access to restrooms and elevators, and (vi) each if Tenant surrenders a portion of the 700 BuildingPremises on any floor, the 300 Buildingspace so surrendered, taken together with the 800 Buildingbalance of the then-unleased space on the floor, shall in Landlord’s reasonable judgment be readily leaseable for general office purposes with legal exiting and access to restrooms and elevators. Landlord may consider such factors as Landlord reasonably deems relevant in determining whether space is readily leaseable for general office purposes, including, without limitation, whether it is less than 2,000 feet, is of an unusual configuration, or consists entirely of interior space (i.e., without windows). If Landlord disapproves of Tenant’s proposed configuration of the 900 BuildingPremises as depicted in the Premises Modification Notice, Landlord shall provide Tenant with written notice of such disapproval, and Landlord and Tenant shall cooperate in good faith to identify a configuration which is acceptable to both Landlord and Tenant. Upon Landlord’s approval of Tenant’s desired modification of the 500 Building when Premises, Landlord and Tenant shall execute an amendment to this Lease, which amendment shall (i) modify the context applies description of the Second Floor Premises, Third Floor Premises, or Fourth Floor Premises, as applicable, (ii) confirm the Rentable Area of the Premises as so modified, as reasonably determined by Landlord in accordance with BOMA (ANSI Z65.1-1996), using the Approved Load Factors established pursuant to each Section 1.18 above, (iii) confirm Tenant’s Percentage Share based on the modified Rentable Area of such buildingsthe Premises, (iv) replace Exhibit A to this Lease with a substitute exhibit depicting the modified Premises, (v) state the Base Rent payable by Tenant under this Lease and the Improvement Allowance payable by Landlord pursuant to the Work Letter, based on the Rentable Area of the modified Premises, and (vi) confirm the recalculated amount of the Security Deposit pursuant to Section 4.7 below. If Tenant does not deliver the Premises Modification Notice by the Premises Modification Notice Deadline, Tenant shall have no further rights under this Section 2.2. If Tenant desires to verify the usable square footage of the modified Premises, Tenant shall cause Tenant’s architect to verify the measurement of the usable square footage of the modified Premises within thirty (30) days after Landlord provides Tenant with Landlord’s calculation thereof. Landlord and Tenant shall use good faith efforts to resolve any dispute regarding the calculation of the usable square footage of the Premises.
Appears in 1 contract
Samples: Advent Software Inc /De/
Modification of Premises. Effective as of November 7, 2021 (the earlier to occur of (i) July 1, 2025, (ii) the date that is twelve (12) months after the Effective Date, and (iii) the date that Tenant substantially completes construction of the Tenant Improvements in the Fourth Expansion Premises (such date, the “Fourth "Second Expansion Commencement Date”"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Second Expansion Premises. Landlord shall be deemed to have tendered possession of the Fourth Second Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fourth Second Expansion PremisesPremises (the "Possession Date"), and no action by Tenant shall be required therefor. If, If for any reason, Landlord is delayed in tendering possession of the Fourth Second Expansion Premises to Tenant on the Effective Dateby any particular date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired, but Tenant shall not be obligated to pay Rent until the dates set forth in (i) and (ii) of the definition of the Fourth Expansion Commencement Possession Date shall be extended by one day for each day after the Effective Date until Landlord tenders possession of the Fourth Expansion Premises to Tenantoccurs. Effective Consequently, effective upon the Fourth Second Expansion Commencement Date, the Existing Premises shall be increased to include the Fourth Second Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fourth Second Expansion Premises to the Existing Premises shall, effective as of the Fourth Second Expansion Commencement Date, increase the size of the Premises to approximately 186,104 102,844 RSF. The Existing Premises and the Fourth Second Expansion Premises may hereinafter collectively be referred to as the “"Premises.” " All references in the Lease, as amended, to the Building shall mean (i) the 700 Building when the context applies to the 700 Building or any portion of the Premises located in the 700 Building, (ii) the 300 Building when the context applies to the 300 Building or any portion of the Premises located in the 300 Building, (iii) the 800 Building when the context applies to the 700 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, and (vi) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, and the 500 Building when the context applies to each of such buildings.mean
Appears in 1 contract
Samples: Lease (Revolution Medicines, Inc.)
Modification of Premises. Effective as of the earlier to occur date which is six (6) months following the later of (ia) July 1, 2025, 2020 and (iib) the date that is twelve (12) months after the Effective Date, and (iii) the date that Tenant substantially completes construction upon which Landlord delivers all of the Third Expansion Premises to Tenant Improvements in the Fourth Expansion Premises condition required by this Third Amendment (such date, the “Fourth "Third Expansion Commencement Date”"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Third Expansion Premises. Landlord anticipates delivering and shall be deemed use commercially reasonable efforts to have tendered deliver possession of the Fourth Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fourth Expansion Premises, and no action by Tenant shall be required therefor. If, for any reason, Landlord is delayed in tendering possession of the Fourth Third Expansion Premises to Tenant on the Effective Dateor about July 1, Landlord shall not be subject to any liability for such failure2020. Consequently, and the validity of this Lease shall not be impaired, but the dates set forth in (i) and (ii) of the definition of the Fourth Expansion Commencement Date shall be extended by one day for each day after the Effective Date until Landlord tenders possession of the Fourth Expansion Premises to Tenant. Effective effective upon the Fourth Third Expansion Commencement Date, the Existing Premises shall be increased to include the Fourth Third Expansion Premises. Landlord and Tenant hereby acknowledge that notwithstanding any provision to the contrary contained in the Lease, such addition of the Fourth Third Expansion Premises to the Existing Premises shall, effective as of the Fourth Third Expansion Commencement Date, increase the size of the Premises to approximately 186,104 RSF106,414 rentable square feet. The Existing Premises and the Fourth Third Expansion Premises may hereinafter collectively be referred to as the “"Premises.” All ". Effective as of the Third Expansion Commencement Date, all references in the Lease, as amended, to the Building shall mean (i) the 700 Building E when the context applies to the 700 Building E or any portion of the Premises located in the 700 BuildingBuilding E, (ii) the 300 Building J when the context applies to the 300 Building J or any portion of the Premises located in the 300 BuildingBuilding J, (iii) the 800 Building F when the context applies to the 700 Building F or any portion of the Premises located in the 800 BuildingBuilding F, and (iv) the 900 each of Building E, Building J and Building F when the context applies to all of such buildings; provided; however, if casualty damage affects only one Building, the 900 Building or any termination rights of the parties under Article 11 of the Original Lease shall apply only to the portion of the Premises located in such Building (in which event the rent, security deposit and other amounts herein related to square footage and the definition of "Building" shall be correspondingly revised) and after the expiration of the Lease Term as to the Existing Premises, the Building shall mean only Building F and the Premises shall mean only the Third Expansion Premises. Notwithstanding the foregoing, if Landlord has not delivered possession of the Third Expansion Premises in the 900 Building“Delivery Condition” (as that term is defined in Section 1 of Exhibit B), on or before (va) October 1, 2020, then, as Tenant's sole remedy for such delay, other than the 500 Building when right to specific performance, the context applies date Tenant is otherwise obligated to commence payment of rent as to the 500 Building Third Expansion Space shall be delayed by one (1) day for each two (2) days that the delivery date is delayed beyond such date, or (b) January 1, 2021, then Tenant shall also have the right to terminate this Third Amendment by written notice thereof to Landlord, whereupon any portion monies previously paid or deliveries previously made by Tenant to Landlord under this Third Amendment shall be promptly returned to Tenant, which dates shall be extended to the extent of the Premises located any delays in delivery of possession caused by (a) Tenant delays, or (b) events of Force Majeure (which Force Majeure delays shall not exceed ninety (90) days in the 500 Building, and (vi) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, and the 500 Building when the context applies to each of such buildingsaggregate).
Appears in 1 contract
Samples: Lease (Arcus Biosciences, Inc.)
Modification of Premises. Effective as of December 15, 2020 (the earlier to occur of (i) July 1, 2025, (ii) the date that is twelve (12) months after the Effective Date, and (iii) the date that Tenant substantially completes construction of the Tenant Improvements in the Fourth Expansion Premises (such date, the “Fourth "Expansion Commencement Date”"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Expansion Premises. Landlord shall Tenant hereby acknowledges that Tenant will be deemed to have tendered in possession of the Fourth Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card prior to the Fourth Expansion PremisesCommencement Date through an assignment agreement of the existing lease agreement between the existing tenant, AtriCure, Inc., a Delaware corporation, and no action by Tenant shall be required thereforLandlord (the "Existing Lease"). IfThe Existing Lease is scheduled to expire on December 14, for any reason2020, Landlord is delayed in tendering possession of the Fourth Expansion Premises to Tenant on the Effective Dateand accordingly, Landlord shall not be subject have no affirmative obligation to any liability for such failure, and deliver the validity of this Lease shall not be impaired, but the dates set forth in (i) and (ii) of the definition of the Fourth Expansion Commencement Date shall be extended by one day for each day after the Effective Date until Landlord tenders possession of the Fourth Expansion Premises to Tenant, Tenant shall have no affirmative surrender or restoration obligations under the Existing Lease, including Sections 5.3.3, 5.3.4, 8.2, and 23.1 and Articles 15 and 22, and Tenant’s continued possession of the Expansion Premises shall in no way be deemed a holdover under the Existing Lease. Effective Notwithstanding the foregoing, Landlord agrees to return Tenant’s security deposit under the Existing Lease in the amount of $79,880 within thirty (30) days of the Expansion Commencement Date, regardless of the condition or state of the Expansion ./ -/// [Revolution Medicines, Inc.] Premises at such time. The date upon which Tenant takes possession of the Expansion Premises under the Existing Lease shall be the "Expansion Possession Date." Consequently, effective upon the Fourth Expansion Commencement Date, the Existing Premises shall be increased to include the Fourth Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fourth Expansion Premises to the Existing Premises shall, effective as of the Fourth Expansion Commencement Date, increase the size of the Premises to approximately 186,104 61,399 RSF. The Existing Premises and the Fourth Expansion Premises may hereinafter collectively be referred to as the “"Premises.” ". All references in the Lease, as amended, to the Building shall mean (i) the 700 Building when the context applies to the 700 Building or any portion of the Premises located in the 700 Building, (ii) the 300 Building when the context applies to the 300 Building or any portion of the Premises located in the 300 Building, and (iii) both the 800 700 Building and the 300 Building when the context applies to the 700 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, and (vi) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, and the 500 Building when the context applies to each both of such buildings.
Appears in 1 contract
Samples: Lease (Revolution Medicines, Inc.)
Modification of Premises. Effective as of the earlier to occur of (i) July March 1, 2025, 2015 (ii) the date that is twelve (12) months after the Effective Date, and (iii) the date that Tenant substantially completes construction of the Tenant Improvements in the Fourth Expansion Premises (such date, the “Fourth Expansion Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Expansion Premises. Landlord shall be deemed to have tendered possession of ; provided, however, that the Fourth Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fourth Expansion Premises, and no action by Tenant shall be required therefor. If, for any reason, Landlord is delayed in tendering possession of the Fourth Expansion Premises to Tenant on the Effective Date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired, but the dates set forth in (i) and (ii) of the definition of the Fourth Expansion Commencement Date shall be extended by one on a day-for-day basis for each day after January 1, 2015 that the Effective Date until Landlord tenders possession existing tenant of the Fourth Expansion Premises (the “Existing Tenant”) fails to complete the full surrender and vacation of the Expansion Premises until such day as the Existing Tenant surrenders and vacates the Expansion Premises to TenantLandlord (such full surrender and vacation to include the removal of all furniture and personal property and delivery to Tenant of copies of environmental decommissioning and sign-off letters from all relevant state and local environmental agencies) (the “Vacation Date”). Effective Consequently, effective upon the Fourth Expansion Commencement Date, the Existing Expansion Premises shall be increased added to include the Fourth Existing Premises. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the “Premises”. Landlord and Tenant hereby acknowledge that such addition of the Fourth Expansion Premises to the Existing Premises shall, effective as of the Fourth Expansion Commencement Date, increase the size of the result in Premises equal to approximately 186,104 RSF. The Existing Premises and the Fourth Expansion Premises may hereinafter collectively be referred to as the “Premises.” All references in the Lease, as amended, to the Building shall mean (i) the 700 Building when the context applies to the 700 Building or any portion of the Premises located in the 700 Building, (ii) the 300 Building when the context applies to the 300 Building or any portion of the Premises located in the 300 Building, (iii) the 800 Building when the context applies to the 700 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, and (vi) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building81,235 rentable square feet, and the 500 Building when Premises shall comprise the context applies entirety of the Building. Landlord anticipates that the Vacation Date shall occur on or before January 1, 2015. Landlord shall have no liability to each Tenant for any damages resulting from any delay in the Vacation Date as a result of Existing Tenant’s failure to vacate and surrender the Expansion Premises or any part thereof, provided that if Landlord has not delivered possession of the Expansion Premises to Tenant free and clear of the Existing Tenant on or before March 1, 2015, Tenant shall have the right to terminate this First Amendment by written notice (the “Termination Notice”) to Landlord on or before March 15, 2015; provided further, that if Tenant delivers a Termination Notice to Landlord, then Landlord shall have the right to suspend the occurrence of the termination of this First Amendment until April 1, 2015 by delivering written notice to Tenant, within ten (10) days following Landlord’s receipt of the Termination Notice, that, in Landlord’s reasonable, good faith judgment, the Existing Tenant will vacate and surrender the Expansion Premises to Landlord on or before April 1, 2015 (the “Termination Extension Notice”). If the Existing Tenant vacates and surrenders the Expansion Premises to Landlord on or before April 1, 2015, then the Termination Notice shall be of no force or effect, but if such buildingsvacation and surrender does not occur on or before April 1, 2015, then this First Amendment shall terminate on April 1, 2015.
Appears in 1 contract
Samples: Lease (Five Prime Therapeutics Inc)