Modification of Premises. The description of the space leased to Tenant pursuant to the Lease is amended as follows: (1) Effective as of the date (“2017 Expansion Space Commencement Date”) that Landlord delivers to Tenant, in the condition required under this Amendment and with the Tenant Improvements Substantially Complete (as defined below), the 9,353 rentable square feet of space (more or less) (“2017 Expansion Space”) located on the second level of the Building and further described in Exhibit A attached hereto, the description of the Premises held under the Lease shall be amended by the addition of said 2017 Expansion Space. The provisions of the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of the Premises. (2) Effective as of the 2017 Expansion Space Commencement Date, the description of the Premises held under the Lease shall be reduced by Tenant’s surrender and relinquishment to Landlord of possession of the 3,232 rentable square feet of space (more or less) on the first level in the Building that was leased to Tenant pursuant to the Third Amendment to Lease Agreement. Landlord and Tenant acknowledge and stipulate that following the modification of the Premises described in this Section 1, the Premises consists of 25,613 rentable square feet of space (more or less) in the Building, of which 9,353 rentable square feet is the 2017 Expansion Space and 16,260 rentable square feet of space is the “Original Premises.” Without limiting the foregoing, Section 1.01(g) and Exhibit A of the Lease are amended as of the 2017 Expansion Space Commencement Date to reflect the foregoing modification of the Premises.
Appears in 2 contracts
Samples: Lease Agreement (Peloton Therapeutics, Inc.), Lease Agreement (Peloton Therapeutics, Inc.)
Modification of Premises. The description of the space leased to Tenant pursuant to the Lease is amended as follows:
(1) 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 “2017 Fourth Expansion Space 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 delivers 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, in . Effective upon the condition required under this Amendment and with the Tenant Improvements Substantially Complete (as defined below), the 9,353 rentable square feet of space (more or less) (“2017 Fourth Expansion Space”) located on the second level of the Building and further described in Exhibit A attached hereto, the description of the Premises held under the Lease shall be amended by the addition of said 2017 Expansion Space. The provisions of the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of the Premises.
(2) Effective as of the 2017 Expansion Space Commencement Date, the description of the Existing Premises held under the Lease shall be reduced by Tenant’s surrender and relinquishment increased to Landlord of possession of include the 3,232 rentable square feet of space (more or less) on the first level in the Building that was leased to Tenant pursuant to the Third Amendment to Lease AgreementFourth Expansion Premises. Landlord and Tenant hereby acknowledge and stipulate that following such addition of the modification Fourth Expansion Premises to the Existing Premises shall, effective as of the Fourth Expansion Commencement Date, increase the size of the Premises described in this Section 1, to approximately 186,104 RSF. The Existing Premises and the Fourth Expansion Premises consists of 25,613 rentable square feet of space (more or less) in the Building, of which 9,353 rentable square feet is the 2017 Expansion Space and 16,260 rentable square feet of space is may hereinafter collectively be referred to as the “Original Premises.” Without limiting All references in the foregoingLease, Section 1.01(gas amended, to the Building shall mean (i) and Exhibit A the 700 Building when the context applies to the 700 Building or any portion of the Lease are amended as Premises located in the 700 Building, (ii) the 300 Building when the context applies to the 300 Building or any portion of the 2017 Expansion Space Commencement Date Premises located in the 300 Building, (iii) the 800 Building when the context applies to reflect the foregoing modification 700 Building or any portion of the PremisesPremises 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. The description of the space leased to Tenant pursuant to the Lease is amended as follows:
(1) Effective as of the date Landlord delivers the Phase 1 portion of the Expansion Premises to Tenant “Ready for Occupancy” (the “2017 Expansion Space Commencement Date”) that ), Tenant shall lease from Landlord and Landlord shall lease to Tenant the 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 to Tenant, in the condition required under this Amendment and with the Tenant Improvements Substantially Complete (as defined below), the 9,353 rentable square feet of space (more or less) (“2017 Expansion Space”) located on the second level of the Building and further described in Exhibit A attached hereto, the description Phase 2 portion of the Premises held under to Tenant “Ready for Occupancy” (the Lease “Phase 2 Commencement Date”), Tenant shall be amended by lease from Landlord and Landlord shall lease to Tenant the Phase 2 portion of the Expansion Premises. The addition of said 2017 the Phase 1 portion of the Expansion SpacePremises to the Existing Premises shall, effective as of the Expansion Premises Commencement Date, increase the size of the Premises to approximately 28,977 RSF. The provisions addition of the second paragraph 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 50,298 RSF. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the “Premises”. The last two (2) sentences of Section 4.01 1.1.1 of the Lease Agreement shall apply as to the 2017 Expansion SpacePremises. The portions 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 to the Phase 1 portion of the 2017 Expansion Space labeled Premises and December 31, 2019, as to the Phase 2 portion of the Expansion Premises. Landlord shall use commercially reasonable efforts to enforce such on Exhibit A agreement and deliver the phases of the Expansion Premises to Tenant as soon as practicable thereafter. Landlord shall be included deliver the Expansion Premises in the Laboratory Area required condition promptly following the Existing Tenant’s vacation and Server Room portions surrender of each phase of the Premises.
(2) Effective as Expansion Premises and completion of the 2017 Expansion Space Commencement Dateany environmental closure required by Applicable Laws. 799463.04/WLA 377097-00004/5-28-19/ejs/ejs HCP LIFE SCIENCE REIT, the description of the Premises held under the Lease shall be reduced by Tenant’s surrender and relinquishment to Landlord of possession of the 3,232 rentable square feet of space (more or less) on the first level in the Building that was leased to Tenant pursuant to the Third Amendment to Lease AgreementINC. Landlord and Tenant acknowledge and stipulate that following the modification of the Premises described in this Section 1[First Amendment] [Pulse Biosciences, the Premises consists of 25,613 rentable square feet of space (more or less) in the Building, of which 9,353 rentable square feet is the 2017 Expansion Space and 16,260 rentable square feet of space is the “Original Premises.” Without limiting the foregoing, Section 1.01(g) and Exhibit A of the Lease are amended as of the 2017 Expansion Space Commencement Date to reflect the foregoing modification of the Premises.Inc.]
Appears in 1 contract
Samples: Lease (Pulse Biosciences, Inc.)
Modification of Premises. The description of the space leased to Tenant pursuant to the Lease is amended as follows:
(1) Effective as of March 1, 2015 (the date (“2017 Expansion Space Commencement Date”) that Landlord delivers to Tenant, in the condition required under this Amendment and with the Tenant Improvements Substantially Complete (as defined below), Tenant shall lease from Landlord and Landlord shall lease to Tenant the 9,353 rentable square feet Expansion Premises; provided, however, that the Expansion Commencement Date shall be extended on a day-for-day basis for each day after January 1, 2015 that the existing tenant of space the Expansion Premises (more or lessthe “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 Landlord (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 “2017 Vacation Date”). Consequently, effective upon the Expansion Space”) located on the second level of the Building and further described in Exhibit A attached hereto, the description of the Premises held under the Lease shall be amended by the addition of said 2017 Expansion Space. The provisions of the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of the Premises.
(2) Effective as of the 2017 Expansion Space Commencement Date, the description of the Expansion Premises held under the Lease shall be reduced by Tenant’s surrender and relinquishment to Landlord of possession of the 3,232 rentable square feet of space (more or less) on the first level in the Building that was leased to Tenant pursuant added to the Third Amendment Existing Premises. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to Lease Agreementas the “Premises”. Landlord and Tenant hereby acknowledge and stipulate that following the modification such addition of the Expansion Premises described in this Section 1to the Existing Premises shall, the Premises consists of 25,613 rentable square feet of space (more or less) in the Building, of which 9,353 rentable square feet is the 2017 Expansion Space and 16,260 rentable square feet of space is the “Original Premises.” Without limiting the foregoing, Section 1.01(g) and Exhibit A of the Lease are amended effective as of the 2017 Expansion Space Commencement Date Date, result in Premises equal to reflect 81,235 rentable square feet, and the foregoing modification Premises shall comprise the entirety of the PremisesBuilding. Landlord anticipates that the Vacation Date shall occur on or before January 1, 2015. Landlord shall have no liability to 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 vacation 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)
Modification of Premises. The description of the space leased to Tenant pursuant to the Lease is amended as follows:
(1) Effective as of the date later to occur of (i) January 1, 2024, and (ii) the “2017 Possession Date” (defined below) (such date, the "Third Expansion Space Commencement Date”) "), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Third Expansion Premises. Landlord shall be deemed to have tendered possession of the Third Expansion Premises to Tenant upon the date that Landlord delivers provides Tenant with a key or access card to Tenant, in the condition required under this Amendment and with Third Expansion Premises (the Tenant Improvements Substantially Complete (as defined below"Possession Date"), the 9,353 rentable square feet of space (more or less) (“2017 Expansion Space”) located on the second level and no action by Tenant shall be required therefor. If for any reason, Landlord is delayed in tendering possession of the Building Third Expansion Premises to Tenant by any particular date, Landlord shall not be subject to any liability for such failure, and further described in Exhibit A attached hereto, the description validity of the Premises held under the this Lease shall not be amended by impaired, but Tenant shall not be obligated to pay Rent until the addition of said 2017 Possession Date occurs. Consequently, effective upon the Third Expansion Space. The provisions of the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of the Premises.
(2) Effective as of the 2017 Expansion Space Commencement Date, the description of the Existing Premises held under the Lease shall be reduced by Tenant’s surrender and relinquishment increased to Landlord of possession of the 3,232 rentable square feet of space (more or less) on the first level in the Building that was leased to Tenant pursuant to include the Third Amendment to Lease AgreementExpansion Premises. Landlord and Tenant hereby acknowledge and stipulate that following such addition of the modification Third Expansion Premises to the Existing Premises shall, effective as of the Third Expansion Commencement Date, increase the size of the Premises described to approximately 142,811 RSF. The Existing Premises and the Third Expansion Premises may hereinafter collectively be referred to as the "Premises." All references in this Section 1the 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) each of the 700 Building, the Premises consists of 25,613 rentable square feet of space (more or less) in the 300 Building, the 800 Building and the 900 Building when the context applies to each of which 9,353 rentable square feet is the 2017 Expansion Space and 16,260 rentable square feet of space is the “Original Premisessuch buildings.” Without limiting the foregoing, Section 1.01(g) and Exhibit A of the Lease are amended as of the 2017 Expansion Space Commencement Date to reflect the foregoing modification of the Premises.
Appears in 1 contract
Samples: Lease (Revolution Medicines, Inc.)
Modification of Premises. The description of Tenant shall have the space leased right to Tenant pursuant to increase or decrease the Lease is amended as follows:
(1) Effective as of the date (“2017 Expansion Space Commencement Date”) that Landlord delivers to Tenant, in the condition required under this Amendment and with the Tenant Improvements Substantially Complete (as defined below), the 9,353 rentable square feet of space (more or less) (“2017 Expansion Space”) located on the second level of the Building and further described in Exhibit A attached hereto, the description of the Premises held under the Lease shall be amended by the addition of said 2017 Expansion Space. The provisions of the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of the Premises.
(2) Effective as of the 2017 Expansion Space Commencement Date, the description of the Premises held under the Lease shall be reduced by Tenant’s surrender and relinquishment to Landlord of possession of the 3,232 rentable square feet of space (more or less) on the first level in the Building that was leased to Tenant pursuant to the Third Amendment to Lease Agreement. Landlord and Tenant acknowledge and stipulate that following the modification size of the 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 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 12.2. 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 consists Modification Notice”) not later than sixty (60) days after the full execution of 25,613 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) the total Rentable Area of the Premises following such modification shall not be less than 92,000 rentable square feet feet, (ii) the Second Floor Premises may be increased to include part or all of the area labeled “Initial Expansion Area” on attached Exhibit A (the “Initial Expansion Area”), (iii) the configuration of each increment of the Premises must be permitted by applicable laws regarding exiting, (iv) space included in the Premises on each floor shall be reasonably contiguous, (v) if Tenant leases a portion of the 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 Landlord’s reasonable judgment be readily leaseable for general office purposes with legal exiting and access to restrooms and elevators, and (vi) if Tenant surrenders a portion of the Premises on any floor, the space so surrendered, taken together with the balance 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 (more or less) i.e., without windows). If Landlord disapproves of Tenant’s proposed configuration of the Premises as depicted in the BuildingPremises 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 9,353 rentable square feet is the 2017 Expansion Space acceptable to both Landlord and 16,260 rentable square feet Tenant. Upon Landlord’s approval of space is the “Original Premises.” Without limiting the foregoing, Section 1.01(g) and Exhibit A of the Lease are amended as of the 2017 Expansion Space Commencement Date to reflect the foregoing Tenant’s desired modification of the Premises, Landlord and Tenant shall execute an amendment to this Lease, which amendment shall (i) modify the 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 Section 1.18 above, (iii) confirm Tenant’s Percentage Share based on the modified Rentable Area of the 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
Modification of Premises. The description of the space leased to Tenant pursuant to the Lease is amended as follows:
(1) Effective as of the date (“2017 Expansion Space Commencement Date”” (as that term is defined hereinbelow), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Expansion Premises. For purposes of this First Amendment, the term “Expansion Commencement Date” shall mean the later to occur of (i) that Landlord delivers to TenantDecember 1, 2015, or (ii) the date the Premises are “Ready for Occupancy” as defined in the condition required under this Amendment and with Tenant Work Letter attached hereto as Exhibit B (the “Tenant Improvements Substantially Complete (as defined belowWork Letter”), . Effective upon the 9,353 rentable square feet of space (more or less) (“2017 Expansion Space”) located on the second level of the Building and further described in Exhibit A attached hereto, the description of the Premises held under the Lease shall be amended by the addition of said 2017 Expansion Space. The provisions of the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of the Premises.
(2) Effective as of the 2017 Expansion Space Commencement Date, the description of the Existing Premises held under the Lease shall be reduced by Tenant’s surrender and relinquishment increased to Landlord of possession of include the 3,232 rentable square feet of space (more or less) on the first level in the Building that was leased to Tenant pursuant to the Third Amendment to Lease AgreementExpansion Premises. Landlord and Tenant hereby acknowledge and stipulate that following such addition of the modification Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises described to approximately 93,579 rentable square feet. The Existing Premises and the Expansion Premises may after the Expansion Commencement Date collectively be referred to as the “Premises”. After the Expansion Commencement Date, all references in this Section 1the Lease, as amended, to the Building shall mean (i) the 100 Building when the context applies to the 100 Building or any portion of the Premises consists of 25,613 rentable square feet of space (more or less) located in the 100 Building, (ii) the 200 Building when the context applies to the 200 Building or any portion of which 9,353 rentable square feet is the 2017 Premises located in the 200 Building, and (iii) both the 100 Building and the 200 Building when the context applies to 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 Space and 16,260 rentable square feet of space is Premises shall mean the “Original Expansion Premises.” Without limiting the foregoing, Section 1.01(g) and Exhibit A of the Lease are amended as of the 2017 Expansion Space Commencement Date to reflect the foregoing modification of the Premises.
Appears in 1 contract
Samples: Lease (Relypsa Inc)
Modification of Premises. The description of the space leased to Tenant pursuant to the Lease is amended as follows:
(1) Effective as of January 1, 2020 (the date (“2017 Expansion Space Commencement Date”) that Landlord delivers to Tenant, in the condition required under this Amendment and with the Tenant Improvements Substantially Complete (as defined below), Tenant shall lease from Landlord and Landlord shall lease to Tenant the 9,353 rentable square feet of space (more or less) (“2017 Expansion Space”) located on Premises. Consequently, effective upon the second level of the Building and further described in Exhibit A attached hereto, the description of the Premises held under the Lease shall be amended by the addition of said 2017 Expansion Space. The provisions of the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of the Premises.
(2) Effective as of the 2017 Expansion Space Commencement Date, the description of the Existing Premises held under the Lease shall be reduced by Tenant’s surrender and relinquishment increased to Landlord of possession of include the 3,232 rentable square feet of space (more or less) on the first level in the Building that was leased to Tenant pursuant to the Third Amendment to Lease AgreementExpansion Premises. Landlord and Tenant hereby acknowledge and stipulate that following such addition of the modification Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises described to 96,944 rentable square feet. The Existing Premises and the 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,” as that term is defined in Section 3.3, below, and AIG holds over in the Expansion Premises past December 31, 2019, 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 consists of 25,613 rentable square feet of space from AIG (more or less) in the Building, of which 9,353 rentable square feet is the 2017 Expansion Space and 16,260 rentable square feet of space is the “Original Premises.” Without limiting Abatement Remedy”). Such abatement shall commence immediately following the foregoing, Section 1.01(g) and Exhibit A expiration of the Lease are amended as 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 2017 AIG Sublease, but AIG fails to timely surrender the Expansion Space Commencement Date Premises to reflect Tenant under the foregoing modification of AIG Sublease, the Premises.same shall be Tenant’s sole responsibility and under no circumstance shall Tenant be entitled to the Abatement Remedy. 798514 .04/WLA [Third Amendment) 888888-00019 / 5-6- 19 /ctl/c tl [AssetMark, Inc.]
Appears in 1 contract
Modification of Premises. The description of the space leased to Tenant pursuant to the Lease is amended as follows:
(1) Effective as of the Expansion Possession Date (defined below) (such date (“2017 is also the "Expansion Space Commencement Date”") that Tenant shall lease from Landlord delivers and Landlord shall lease to Tenant, in Tenant the condition required under this Amendment and with Expansion Premises. The date of Landlord's tendering of possession of the Expansion Premises to Tenant following the Substantial Completion of the Expansion Improvements Substantially Complete (as defined below)in the Work Letter) shall be the "Expansion Possession Date". If for any reason, the 9,353 rentable square feet of space (more or less) (“2017 Expansion Space”) located on the second level Landlord is delayed in tendering possession of the Building and further described in Exhibit A attached heretoExpansion Premises to Tenant by any particular date (including, the description without limitation, on account of any present tenant or occupant of the Premises held under not vacating the Premises), Landlord shall not be subject to any Losses for such failure, and the validity of the Lease shall not be amended by impaired. Consequently, effective upon the addition of said 2017 Expansion Space. The provisions of the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of the Premises.
(2) Effective as of the 2017 Expansion Space Commencement Date, the description of the Existing Premises held under the Lease shall be reduced by Tenant’s surrender and relinquishment increased to Landlord of possession of include the 3,232 rentable square feet of space (more or less) on the first level in the Building that was leased to Tenant pursuant to the Third Amendment to Lease AgreementExpansion Premises. Landlord and Tenant hereby acknowledge and stipulate that following such addition of the modification Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises described in this Section 1, to 110,082 rentable (and usable) square feet. The Existing Premises and the Expansion Premises consists of 25,613 rentable square feet of space (more or less) in may hereinafter collectively be referred to as the Building, of which 9,353 rentable square feet is the 2017 Expansion Space and 16,260 rentable square feet of space is the “Original "Premises.” Without limiting the foregoing, Section 1.01(g) and Exhibit A of the Lease are amended as of the 2017 Expansion Space Commencement Date to reflect the foregoing modification of the Premises."
Appears in 1 contract
Samples: Office Lease (DermTech, Inc.)
Modification of Premises. The description A. Modifications to the Premises will be covered in the Conditional Use Permit, which will be attached hereto as Exhibit D, and the Business Plan, Exhibit E. Completion of improvements set forth in Exhibits D. and E. are a major part of the space leased consideration for the COUNTY's agreement to Tenant enter into a long-term lease and for reducing the rent for the first five years of the Lease. Therefore, if TENANT fails to comply with the schedule of improvements and quality of improvements set forth in the Business Plan or Conditional Use Permit then in effect, the COUNTY may either increase the minimum rent in years 1 through 5, respectively, to the minimum rent owed in years 6-10, respectively, or else the COUNTY may terminate the Lease upon forty five (45) day's written notice.
B. TENANT may make improvements or alterations to the Premises, License Areas or Park only after first having received approval from COUNTY. All improvements and alterations to be added or modifications to be made by TENANT, and the plans and specifications therefore, must have prior approval by COUNTY.
C. The TENANT shall conduct any construction program in such a manner that no mechanic's lien or materialmen's lien shall be asserted or assessed, or purportedly assessed or asserted, against the Park or Premise, or any improvements thereon. If any such lien or claimed lien shall be asserted, TENANT shall indemnify and hold harmless COUNTY in accordance with Paragraph 14. INSURANCE AND INDEMNIFICATION, of this Lease Agreement. All construction shall be in conformity with the Xxxx Xxxxx Regional Park Master Plan.
D. TENANT will, at its own expense unless otherwise provided herein, construct, perform, complete and maintain all construction and installations covered under this paragraph in a good and workmanlike manner and with high quality materials. TENANT will furnish all tools, equipment, labor and material necessary to perform and complete the same, and hereby expressly warrants that all said materials and workmanship will be free from defects.
E. All construction will meet the building code requirements of the County of San Bernardino and any other governmental jurisdiction having authority over the work. All construction will be carried out and completed in strict compliance with the plans and specifications approved in writing by COUNTY and in accordance with the schedule for commencement and completion of such construction agreed to in writing by COUNTY and TENANT. TENANT is solely liable for the development and operation of the facilities and improvements/alterations.
F. TENANT agrees that, in addition to any other inspectors, the COUNTY's Regional Parks Division ("Division") may have on the site at any time during the construction period an inspector who will have the right to access the Premises and the construction work. TENANT understands that this inspector's presence on site in no way constitutes approval of facilities being constructed. TENANT must, at the commencement of the construction work, notify the COUNTY in writing of the identity, place of business, and telephone number of TENANT's on-the-job construction representative. Said construction representative will be TENANT's prime consultant for the inspectors of COUNTY and Division.
G. Prior to commencement of any construction upon the Premises, TENANT must provide to COUNTY proof of purchase performance and payment bonds from corporations duly authorized to issue surety bonds by the State, to the extent such bonds are available. Each bond must name TENANT as principal, company as surety, and COUNTY as obligee thereon. The payment bond will also inure to the benefit of all claimants, as said term is presently defined by Section 3085 of the California Civil Code, or as may hereafter be amended, so as to give such persons a right of action to recover thereon in any suit brought to foreclose the liens provided for in Title 15 of Part of Division 3 of said Civil Code (Section 3082, et. Sec.) or in a separate suit brought upon the bond. Each bond must be in a sum equal to one hundred percent (100%) of the costs for labor and materials of the works of improvement to be located upon the Premises, as estimated by COUNTY, which shall not exceed 110% of the bid price. The condition of the performance bond will be such that if the principal well and truly performs the construction herein required, pursuant to the Lease is amended as follows:
(1) Effective as approved plans and specifications therefor, then surety will no longer be bound thereon. The condition of the date (“2017 Expansion Space Commencement Date”) payment bond will be such that Landlord delivers if the principal well and truly pays, or cause to Tenantbe paid, all claims for labor, material, appliances, teams, or power, or either or all, performed, furnished, or contributed in connection with said works of improvement, then surety will no longer be bound thereon. Said bonds are subject to approval by the condition COUNTY as to sufficiency and liability of sureties named thereon. Said bonds must be maintained in full force and effect by TENANT until said works of improvement have been completed and claims for labor and materials have been paid. COUNTY may, but is not required under this Amendment and to, waive Performance Bonds if the amount of COUNTY's estimated construction costs are below $10,000 or upon written request from TENANT showing just cause. In the event that the construction is not satisfactorily completed in accordance with the Tenant Improvements Substantially Complete (construction schedule as defined below), the 9,353 rentable square feet of space (more or less) (“2017 Expansion Space”) located on the second level of the Building and further described in Exhibit A attached heretoExhibits D and E, the description of then in effect, said proceeds may be used by COUNTY to complete construction or return the Premises held under the Lease shall be amended by the addition of said 2017 Expansion Space. The provisions of the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of the Premisesa park-like setting.
(2) Effective as of the 2017 Expansion Space Commencement Date, the description of the Premises held under the Lease shall be reduced by Tenant’s surrender and relinquishment to Landlord of possession of the 3,232 rentable square feet of space (more or less) on the first level in the Building that was leased to Tenant pursuant to the Third Amendment to Lease Agreement. Landlord and Tenant acknowledge and stipulate that following the modification of the Premises described in this Section 1, the Premises consists of 25,613 rentable square feet of space (more or less) in the Building, of which 9,353 rentable square feet is the 2017 Expansion Space and 16,260 rentable square feet of space is the “Original Premises.” Without limiting the foregoing, Section 1.01(g) and Exhibit A of the Lease are amended as of the 2017 Expansion Space Commencement Date to reflect the foregoing modification of the Premises.
Appears in 1 contract
Modification of Premises. The description of the space leased to Tenant pursuant to the Lease is amended as follows:
(1) Effective as of November 7, 2021 (the "Second Expansion Commencement Date"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Second Expansion Premises. Landlord shall be deemed to have tendered possession of the Second Expansion Premises to Tenant upon the date (“2017 Expansion Space Commencement Date”) that Landlord delivers provides Tenant with a key or access card to Tenant, in the condition required under this Amendment and with Second Expansion Premises (the Tenant Improvements Substantially Complete (as defined below"Possession Date"), the 9,353 rentable square feet of space (more or less) (“2017 Expansion Space”) located on the second level and no action by Tenant shall be required therefor. If for any reason, Landlord is delayed in tendering possession of the Building Second Expansion Premises to Tenant by any particular date, Landlord shall not be subject to any liability for such failure, and further described in Exhibit A attached hereto, the description validity of the Premises held under the this Lease shall not be amended by impaired, but Tenant shall not be obligated to pay Rent until the addition of said 2017 Possession Date occurs. Consequently, effective upon the Second Expansion Space. The provisions of the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of the Premises.
(2) Effective as of the 2017 Expansion Space Commencement Date, the description of the Existing Premises held under the Lease shall be reduced by Tenant’s surrender and relinquishment increased to Landlord of possession of include the 3,232 rentable square feet of space (more or less) on the first level in the Building that was leased to Tenant pursuant to the Third Amendment to Lease AgreementSecond Expansion Premises. Landlord and Tenant hereby acknowledge and stipulate that following such addition of the modification Second Expansion Premises to the Existing Premises shall, effective as of the Second Expansion Commencement Date, increase the size of the Premises described to approximately 102,844 RSF. The Existing Premises and the Second Expansion Premises may hereinafter collectively be referred to as the "Premises." All references in this Section 1the 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, and (iv) each of the 700 Building, the Premises consists 300 Building and the 800 Building when the context applies to each of 25,613 rentable square feet of space (more or less) in the Building, of which 9,353 rentable square feet is the 2017 Expansion Space and 16,260 rentable square feet of space is the “Original Premisessuch buildings.” Without limiting the foregoing, Section 1.01(g) and Exhibit A of the Lease are amended as of the 2017 Expansion Space Commencement Date to reflect the foregoing modification of the Premises.
Appears in 1 contract
Samples: Lease (Revolution Medicines, Inc.)
Modification of Premises. The description of the space leased to Tenant pursuant to the Lease is amended as follows:
(1) Effective as of December 15, 2020 (the date (“2017 "Expansion Space Commencement Date”) "), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Expansion Premises. Tenant hereby acknowledges that Tenant will be in possession of the Expansion Premises prior to the Expansion Commencement Date through an assignment agreement of the existing lease agreement between the existing tenant, AtriCure, Inc., a Delaware corporation, and Landlord delivers (the "Existing Lease"). The Existing Lease is scheduled to expire on December 14, 2020, and accordingly, Landlord shall have no affirmative obligation to deliver the 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. Notwithstanding the foregoing, Landlord agrees to return Tenant’s security deposit under the Existing Lease in the condition required under this Amendment and with the Tenant Improvements Substantially Complete amount of $79,880 within thirty (as defined below), the 9,353 rentable square feet of space (more or less30) (“2017 Expansion Space”) located on the second level days of the Building and further described in Exhibit A attached heretoExpansion Commencement Date, the description regardless of the condition or state of the Expansion ./ -/// [Revolution Medicines, Inc.] Premises held at such time. The date upon which Tenant takes possession of the Expansion Premises under the Existing Lease shall be amended by the addition of said 2017 "Expansion Space. The provisions of Possession Date." Consequently, effective upon the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of the Premises.
(2) Effective as of the 2017 Expansion Space Commencement Date, the description of the Existing Premises held under the Lease shall be reduced by Tenant’s surrender and relinquishment increased to Landlord of possession of include the 3,232 rentable square feet of space (more or less) on the first level in the Building that was leased to Tenant pursuant to the Third Amendment to Lease AgreementExpansion Premises. Landlord and Tenant hereby acknowledge and stipulate that following such addition of the modification Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises described to approximately 61,399 RSF. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the "Premises.". All references in this Section 1the 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 consists of 25,613 rentable square feet of space (more or less) located in the 700 Building, of which 9,353 rentable square feet is (ii) the 2017 Expansion Space and 16,260 rentable square feet of space is 300 Building when the “Original Premises.” Without limiting context applies to the foregoing, Section 1.01(g) and Exhibit A 300 Building or any portion of the Lease are amended as Premises located in the 300 Building, and (iii) both the 700 Building and the 300 Building when the context applies to both of the 2017 Expansion Space Commencement Date to reflect the foregoing modification of the Premisessuch buildings.
Appears in 1 contract
Samples: Lease (Revolution Medicines, Inc.)
Modification of Premises. The description of the space leased to Tenant pursuant to the Lease is amended as follows:
(1) Effective as of the date which is six (“2017 Expansion Space Commencement Date”6) that months following the later of (a) July 1, 2020 and (b) the date upon which Landlord delivers all of the Third Expansion Premises to Tenant, Tenant in the condition required under by this Third Amendment and with (the Tenant Improvements Substantially Complete (as defined below"Third Expansion Commencement Date"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the 9,353 rentable square feet of space (more or less) (“2017 Third Expansion Space”) located on the second level Premises. Landlord anticipates delivering and shall use commercially reasonable efforts to deliver possession of the Building and further described in Exhibit A attached heretoThird Expansion Premises to Tenant on or about July 1, 2020. Consequently, effective upon the Third Expansion Commencement Date, the description Existing Premises shall be increased to include the Third Expansion Premises. Landlord and Tenant hereby acknowledge that notwithstanding any provision to the contrary contained in the Lease, such addition of the Third Expansion Premises to the Existing Premises shall, effective as of the Third Expansion Commencement Date, increase the size of the Premises held under the Lease shall be amended by the addition of said 2017 Expansion Spaceto approximately 106,414 rentable square feet. The provisions of Existing Premises and the second paragraph of Section 4.01 of Third Expansion Premises may hereinafter collectively be referred to as the Lease Agreement shall apply as to the 2017 Expansion Space"Premises". The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of the Premises.
(2) Effective as of the 2017 Third Expansion Space Commencement Date, all references in the description Lease, as amended, to the Building shall mean (i) Building E when the context applies to Building E or any portion of the Premises held located in Building E, (ii) Building J when the context applies to Building J or any portion of the Premises located in Building J, (iii) Building F when the context applies to Building F or any portion of the Premises located in Building F, and (iv) 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 termination rights of the parties under Article 11 of the Original Lease shall apply only to the portion of the Premises 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 be reduced by Tenant’s surrender mean only Building F and relinquishment to the Premises shall mean only the Third Expansion Premises. Notwithstanding the foregoing, if Landlord of has not delivered possession of the 3,232 rentable square feet of space (more or less) on the first level Third Expansion Premises in the Building “Delivery Condition” (as that was leased term is defined in Section 1 of Exhibit B), on or before (a) October 1, 2020, then, as Tenant's sole remedy for such delay, other than the right to specific performance, the date Tenant pursuant is otherwise obligated to commence payment of rent as to the Third Amendment to Lease Agreement. Landlord and Tenant acknowledge and stipulate Expansion Space shall be delayed by one (1) day for each two (2) days that following the modification of the Premises described in this Section delivery date is delayed beyond such date, or (b) January 1, 2021, then Tenant shall also have the Premises consists right to terminate this Third Amendment by written notice thereof to Landlord, whereupon any 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 25,613 rentable square feet any delays in delivery of space possession caused by (more a) Tenant delays, or less(b) events of Force Majeure (which Force Majeure delays shall not exceed ninety (90) days in the Building, of which 9,353 rentable square feet is the 2017 Expansion Space and 16,260 rentable square feet of space is the “Original Premisesaggregate).” Without limiting the foregoing, Section 1.01(g) and Exhibit A of the Lease are amended as of the 2017 Expansion Space Commencement Date to reflect the foregoing modification of the Premises.
Appears in 1 contract
Samples: Lease (Arcus Biosciences, Inc.)
Modification of Premises. The description 2.1. 6310 Initial Premises. Effective as of September 15, 2010 (the “Expansion Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the 6310 Initial Premises. Consequently, effective upon the Expansion Commencement Date, the Existing Premises shall be expanded to include the 6310 Initial Premises (the Existing Premises together with the 6310 Initial Premises are sometimes collectively referred to herein as the “Initially Expanded Premises”). Landlord and Tenant hereby acknowledge that the Initially Expanded Premises shall, effective as of the space leased Expansion Commencement Date, contain a total of approximately 102,844 rentable square feet. For the period ending on the day immediately preceding the 6310 Must-Take Premises Commencement Date, the Initially Expanded Premises is also referred to Tenant pursuant to in the underlying Lease is amended as follows:the “Premises.”
(1) 2.2. 6310 Must-Take Premises. Effective as of the earlier to occur of (i) the date Tenant first commences to conduct its “Business Operations” (as that term is defined below) from any portion of the 6310 Must-Take Premises, and (ii) September 1, 2012 (as applicable, the “2017 Expansion Space 6310 Must-Take Premises Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the 6310 Must-Take Premises. For purposes hereof, “Business Operations” shall mean (i) that Landlord delivers the stationing of employees in any portion of the 6310 Must-Take Premises, or (ii) the operating of equipment in any portion of the 6310 Must-Take Premises, or (iii) the storing of items related to Tenant, ’s business in the condition required under this Amendment and with the Tenant Improvements Substantially Complete (as defined below), the 9,353 a total area which is larger than 500 rentable square feet of space (more or less) (“2017 Expansion Space”) located on the second level of the Building and further described in Exhibit A attached hereto, the description of the Premises held under the Lease shall be amended by the addition of said 2017 Expansion Space. The provisions of the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of 6310 Must-Take Premises; provided, however, in no event shall “Business Operations” be deemed to have commenced in the 6310 Must-Take Premises if Tenant, its employees or agents are (a) solely using the restrooms located in the 6310 Must-Take Premises.
, (2b) Effective as of the 2017 Expansion Space Commencement DateTenant, the description of the Premises held under the Lease shall be reduced by Tenant’s surrender and relinquishment to Landlord of possession of the 3,232 its employees or agents are solely using 500 rentable square feet of space (more or less) on the first level less in the Building 6310 Must-Take Premises to store items related to its business (subject to Landlord’s reasonable rules and regulations), and/or (c) solely constructing “Improvements” (as that was leased term is defined in Section 2.1.1 of the Work Letter) in the 6310 Must-Take Premises for a period of not more than eight (8) weeks prior to the Must-Take Premises Commencement Date. Landlord shall deliver possession of the 6310 Must-Take Premises to Tenant concurrently with its delivery of possession of the 6310 Initial Premises to Tenant, and therefore during the period prior to the 6310 Must-Take Premises Commencement Date, other than (i) Tenant’s obligation to pay Base Rent with respect to the 6310 Must-Take Premises, and (ii) Tenant’s right to use the 6310 Must-Take Premises for the Permitted Use, all of the terms and conditions of the Lease shall apply during the period occurring prior to the date immediately preceding the 6310 Must-Take Premises Commencement Date as if the 6310 Must-Take Premises Commencement Date had occurred (it nevertheless being acknowledged that the 6310 Must-Take Premises Commencement Date shall not actually occur until the occurrence of the same pursuant to the Third Amendment to Lease Agreement. Landlord and Tenant acknowledge and stipulate that following the modification terms of the Premises described in this Section 1, the Premises consists of 25,613 rentable square feet of space (more or less) in the Building, of which 9,353 rentable square feet is the 2017 Expansion Space and 16,260 rentable square feet of space is the “Original Premises2.2).” Without limiting the foregoing, Section 1.01(g) and Exhibit A of the Lease are amended as of the 2017 Expansion Space Commencement Date to reflect the foregoing modification of the Premises.
Appears in 1 contract
Samples: Office Lease
Modification of Premises. The description In connection with any remodeling of all or any portion of the space leased Hotel, Landlord shall have the right to Tenant pursuant to change the Lease is amended as follows:
(1) Effective as dimensions or reduce the size of the date (“2017 Expansion Space Commencement Date”) that Landlord delivers to Tenant, Premises. If a proposed reduction in the condition required under this Amendment and with the Tenant Improvements Substantially Complete (as defined below), the 9,353 rentable square feet of space (more or less) (“2017 Expansion Space”) located on the second level of the Building and further described in Exhibit A attached hereto, the description size of the Premises held under the Lease shall be amended by the addition of said 2017 Expansion Space. The provisions of the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included would result in the Laboratory Area and Server Room portions Premises being less than eighty-five percent (85%) of the Premises.
(2) Effective its original size, or if, as of the 2017 Expansion Space Commencement Datea result thereof, the description remaining portion of the Premises held under 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 by Tenant’s surrender and relinquishment in proportion to Landlord of possession of the 3,232 rentable square feet of space (more or less) on the first level any reduction in the Building that was leased to Tenant pursuant to the Third Amendment to Lease Agreement. Landlord and Tenant acknowledge and stipulate that following the modification floor area of the Premises described in this Section 1hereunder. Upon any termination by Tenant hereunder, the Premises consists of 25,613 rentable square feet of space (more or less) in the Building, of which 9,353 rentable square feet is the 2017 Expansion Space and 16,260 rentable square feet of space is the “Original PremisesLandlord shall reimburse Tenant for Tenant's Unamortized Costs.” Without limiting the foregoing, Section 1.01(g) and Exhibit A of the Lease are amended as of the 2017 Expansion Space Commencement Date to reflect the foregoing modification of the Premises.
Appears in 1 contract
Modification of Premises. The description of the space leased to Tenant pursuant to the Lease is amended as follows:
(1) Effective as of April 1, 2022 (the "Expansion Commencement Date"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Expansion Premises. Landlord shall be deemed to have tendered possession of the Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Expansion Premises (the "Expansion Possession Date"), and no action by Tenant shall be required therefor. Landlord shall use commercially reasonable efforts to cause the Expansion Possession Date to occur on December 1, 2021. If Landlord does not cause the Expansion Possession Date to occur by January 1, 2022 (the “2017 Expansion Space Commencement Abatement Outside Date”), which Abatement Outside Date shall be extended one day for each day of delay or delays to the extent caused by (a) that Landlord delivers to Tenant, in the condition required under this Amendment and with the Tenant Improvements Substantially Complete 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 9,353 rentable square feet Abatement Outside Date until the Expansion Possession Date occurs (after deducting the number of space (more or less) (“2017 days of tenant delays and/or delays arising from events of Force Majeure, if any). Consequently, effective upon the Expansion Space”) located on the second level of the Building and further described in Exhibit A attached hereto, the description of the Premises held under the Lease shall be amended by the addition of said 2017 Expansion Space. The provisions of the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of the Premises.
(2) Effective as of the 2017 Expansion Space Commencement Date, the description of the Existing Premises held under the Lease shall be reduced by Tenant’s surrender and relinquishment increased to Landlord of possession of include the 3,232 rentable square feet of space (more or less) on the first level in the Building that was leased to Tenant pursuant to the Third Amendment to Lease AgreementExpansion Premises. Landlord and Tenant hereby acknowledge and stipulate that following such addition of the modification Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises described in this Section 1to approximately 29,732 rentable square feet. The Existing Premises and the 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 Premises consists utilities, facilities and services provided under Articles 8, 11, Section 12.2 and Section 12.3, and the terms of 25,613 rentable square feet Articles 14 and 15 shall apply to Tenant’s lease of space (more or less) the Expansion Premises. All references in the Lease, as amended, to the Building shall mean (i) the Existing Building when the context applies to the Existing Building or any portion of the Premises (i.e., the Existing Premises) located in the Existing Building, of which 9,353 rentable square feet is (ii) the 2017 Expansion Space and 16,260 rentable square feet of space is Building when the “Original Premises.” Without limiting context applies to the foregoing, Section 1.01(g) and Exhibit A Expansion Building or any portion of the Lease are amended as Premises (i.e., the Expansion Premises) located in the Expansion Building, and (iii) both the Existing Building and the Expansion Building when the context applies to both of the 2017 Expansion Space Commencement Date to reflect the foregoing modification of the Premisessuch buildings.
Appears in 1 contract
Samples: Lease Agreement (Vaxart, Inc.)
Modification of Premises. The description of the space leased to Tenant pursuant to the Lease is amended as follows:
(1) Effective as of the date (“2017 the "Expansion Space Commencement Date”") that which is the later to occur of (i) April 1, 2015, and (ii) the date which is one hundred twenty (120) days following the date upon which Landlord delivers the Expansion Premises to Tenant (which delivery is anticipated to occur between July 1, 2014 and November 1, 2014), the Existing Premises shall be increased to include the Expansion Premises. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the "Premises". All references in the Lease, as amended, to the Building shall mean (a) the 250 Building when the context applies to the 250 Building or any portion of the Premises located in the 250 Building, (b) the 270 Building when the context applies to the 270 Building or any portion of the Premises located in the 270 Building, and (c) both the 250 Building and the 270 Building when the context applies to both of such buildings. Tenant shall have the right to access the Expansion Premises from and after the date upon which Landlord delivers the Expansion Premises to Tenant, in the condition required under this Amendment and accordance with the terms of Section 5.1 of the Tenant Improvements Substantially Complete Work Letter attached hereto as Exhibit B (as defined 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 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 receipt of (x) the Minimum Rental for the second (2nd) full month of the Expansion Term(as required by Section 4.2 below), and (y) a certificate of insurance in compliance with the 9,353 rentable square feet 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 space (more or less) (“2017 Expansion Space”) located on the second level any such occupancy of the Building Expansion Premises. Other than Tenant's obligation to pay Minimum Rental and further described in Exhibit A attached heretoTenant’s Operating Cost Share with respect to the Expansion Premises, the description all of the Premises held under terms and conditions of the Lease shall be amended by apply during the addition of said 2017 Beneficial Occupancy Period as though the Expansion Space. The provisions Commencement Date had occurred (it nevertheless being acknowledged that the Expansion Commencement Date shall not actually occur until the occurrence of the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of the Premises.
(2) Effective as of the 2017 Expansion Space Commencement Date, the description of the Premises held under the Lease shall be reduced by Tenant’s surrender and relinquishment to Landlord of possession of the 3,232 rentable square feet of space (more or less) on the first level in the Building that was leased to Tenant same pursuant to the Third Amendment to Lease Agreement. Landlord and Tenant acknowledge and stipulate that following the modification terms of the Premises described in this Section 1, the Premises consists of 25,613 rentable square feet of space (more or less) in the Building, of which 9,353 rentable square feet is the 2017 Expansion Space and 16,260 rentable square feet of space is the “Original Premises2).” Without limiting the foregoing, Section 1.01(g) and Exhibit A of the Lease are amended as of the 2017 Expansion Space Commencement Date to reflect the foregoing modification of the Premises.
Appears in 1 contract
Samples: Lease (Portola Pharmaceuticals Inc)
Modification of Premises. The description of the space leased to Tenant pursuant Notwithstanding any provision to the Lease is amended as follows:
(1) Effective contrary contained in the Lease, effective as of the date (“2017 the "Expansion Space Commencement Date”") that is five (5) Business Days following the date that this First Amendment is fully executed and delivered by Landlord delivers and Tenant and Landlord has delivered exclusive possession of the Expansion Premises to Tenant, Tenant in the condition required under in subsections (i) and (ii) of this Amendment Section 2, Tenant shall lease from Landlord and with Landlord shall lease to Tenant the Tenant Improvements Substantially Complete Expansion Premises subject to the terms of this First Amendment. Landlord shall (as defined below), the 9,353 rentable square feet of space (more or lessi) (“2017 Expansion Space”) located on the second level deliver exclusive possession of the Expansion Premises to Tenant with all existing furniture, fixtures and equipment and any other personal property removed, and (ii) cause the Building and further described Systems serving the Expansion Premises to be in Exhibit A attached hereto, good working order upon the description date of Landlord's delivery of the Expansion Premises held under to Tenant. Consequently, effective upon the Lease shall be amended by the addition of said 2017 Expansion Space. The provisions of the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of the Premises.
(2) Effective as of the 2017 Expansion Space Commencement Date, the description of Existing Premises shall be increased to include the Premises held under Expansion Premises. Except as otherwise provided in this First Amendment, all references in the Lease and this First Amendment to the "Premises" shall be reduced by Tenant’s surrender include the Existing Premises and relinquishment the Expansion Premises. Notwithstanding anything to the contrary contained in the Lease, Landlord of possession of and Tenant hereby stipulate to the 3,232 rentable and usable square feet of space the Expansion Premises as set forth in Recital B above, and agree that the Expansion Premises shall not be subject to remeasurement or modification at any time during the Expansion Term (more or less) on the first level as that term is defined in the Building that was leased to Tenant pursuant to the Third Amendment to Lease Agreement. Landlord and Tenant acknowledge and stipulate that following the modification of the Premises described in this Section 1, the Premises consists of 25,613 rentable square feet of space (more or less) in the Building, of which 9,353 rentable square feet is the 2017 Expansion Space and 16,260 rentable square feet of space is the “Original Premises3 below).” Without limiting the foregoing, Section 1.01(g) and Exhibit A of the Lease are amended as of the 2017 Expansion Space Commencement Date to reflect the foregoing modification of the Premises.
Appears in 1 contract
Samples: Lease (ChromaDex Corp.)
Modification of Premises. The description of the space leased to Tenant pursuant to the Lease is amended as follows:
(1) Effective as of the date (“2017 the ‘‘Expansion Space Commencement Date”’’) that Landlord delivers is the earlier to occur of (i) the date of Tenant's occupancy of the Expansion Premises for the conduct of business, (ii) the date of ‘‘Substantial Completion’’ of the ‘‘Tenant Improvements’’ (as those terms are defined in the condition required under this Amendment Sections 4.4 and with 2.1, respectively, of the Tenant Improvements Substantially Complete Work Letter attached hereto as Exhibit B (the ‘‘Tenant Work Letter’’)), and (iii) the date that 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 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 Tenant Work Letter), Tenant shall lease from Landlord and Landlord shall lease to Tenant the 9,353 rentable square feet of space (more or less) (“2017 Expansion Space”) located on Premises. Consequently, effective upon the second level of the Building and further described in Exhibit A attached hereto, the description of the Premises held under the Lease shall be amended by the addition of said 2017 Expansion Space. The provisions of the second paragraph of Section 4.01 of the Lease Agreement shall apply as to the 2017 Expansion Space. The portions of the 2017 Expansion Space labeled as such on Exhibit A shall be included in the Laboratory Area and Server Room portions of the Premises.
(2) Effective as of the 2017 Expansion Space Commencement Date, the description Existing Premises shall be increased to include the Expansion Premises. (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 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 Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises held under to 48,868 RSF. The Existing Premises and the Lease shall be reduced by Tenant’s surrender and relinquishment to Landlord of possession Expansion Premises shall, effective as of the 3,232 rentable square feet of space (more or less) on Expansion Commencement Date, collectively be referred to as the first level in the Building that was leased to Tenant pursuant to the Third Amendment to Lease Agreement‘‘Premises’’. Landlord and Tenant acknowledge hereby stipulate and stipulate agree that following the modification rentable area of the Expansion Premises described is as set forth in this Recital Section 1B above. At any time during the ‘‘Expansion Term’’ (as that term is defined in Section 3.2 below), the Premises consists of 25,613 rentable square feet of space (more or less) Landlord may deliver to Tenant a notice in the Buildingform as set forth in Exhibit C attached to the Office Lease, of which 9,353 rentable square feet is the 2017 Expansion Space and 16,260 rentable square feet of space is the “Original Premises.” Without limiting the foregoing, Section 1.01(g) and Exhibit A as a confirmation only of the Lease are amended 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 if Tenant shall timely notify Landlord, in writing, that Tenant disputes any or all of the 2017 Expansion Space Commencement Date to reflect the foregoing modification of the Premises.information set forth therein...
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