MODIFICATION TO LEASE Sample Clauses

MODIFICATION TO LEASE. The terms of this Fourth Addendum shall be deemed to modify and supplement the terms of the Lease as amended by the Addendum and Second Addendum and in the event of any inconsistencies the terms of this Fourth Addendum shall control. All references herein and in the future to the "Lease", unless the context is clearly otherwise, shall be deemed to be the Lease as amended by the Addendum, the Second Addendum, the Third Addendum and this Fourth Addendum. All capitalized terms used herein shall have the meanings as set forth in the Lease, unless otherwise expressly defined herein.

MODIFICATION TO LEASE. From and after the Penthouse Space Commencement Date, Article 1 of this Lease shall be deemed modified as follows: (i) the "Premises", shall be deemed to include the Expansion Space; (ii) the "Rent", as defined in clause (iii) of subparagraph A of Article 1, shall be deemed increased by the amount of Forty-Eight Thousand and 00/100 ($48,000.00) Dollars per annum through the Term of this Lease (provided, however, if this Lease remains in full force and effect and Tenant is not in default hereunder after receipt of notice thereof and the expiration of any applicable cure period, the Rent payable with respect to the Penthouse Space only shall be abated for the one hundred eighty (180) day period immediately following the Penthouse Space Commencement Date); (iii) Base Tax Year" and "Base Labor Year", as defined in clauses (ii) and (i) of subparagraph A of Article 1, shall mean the Tax Year and the calendar year, respectively, in which the Penthouse Space Commencement Date occurs.

MODIFICATION TO LEASE. A written amendment signed by both parties shall be the exclusive method for modifying this Lease and no oral agreement or course of dealing shall be construed to suffice to modify any term of this Lease.

MODIFICATION TO LEASE. The fees/fines listed below may not be a complete list of fees that can be assessed during occupancy. However, they do summarize the most common reasons fees are assessed and the fees associated with each deficiency.

MODIFICATION TO LEASE. Guarantor’s obligations under this Guaranty shall not be extinguished, discharged, diminished or reduced in any way by any modification or amendment of the Lease including, but not limited to, any extension of the Lease Term, any relocation or substitution of Premises, any increase or decrease in the size of the Premises, any modification of payment dates or amounts, or any subsequent sublease or assignment of the Lease made with or without the consent of Landlord. Guarantor hereby waives any right to approve any modification or amendment of the Lease. Notwithstanding the foregoing, this Guaranty shall not apply during any Option Term (as defined in the Lease) unless Guarantor has delivered to Landlord an instrument in writing approving Tenant’s exercise of the Renewal Option (as defined in the Lease) for such Option Term.

MODIFICATION TO LEASE. Guarantor’s obligations under this Guaranty shall not be extinguished, discharged, diminished or reduced in any way by any modification or amendment of the Lease including, but not limited to, any extension of the Lease Term, any relocation or substitution of Premises, any increase or decrease in the size of the Premises, any modification of payment dates or amounts, or any subsequent sublease or assignment of the Lease made with or without the consent of Landlord. Guarantor hereby waives any right to approve any modification or amendment of the Lease.

MODIFICATION TO LEASE. The terms of this Addendum shall be deemed to modify and supplement the terms of the Lease and in the event of any inconsistencies the terms of this Addendum shall control. All references herein and in the future to the "Lease", unless the context is clearly otherwise, shall be deemed to the Lease as amended by this Addendum. All capitalized terms used herein shall have the meanings as set forth in the Lease, unless otherwise expressly defined herein.

MODIFICATION TO LEASE. The terms of this Second Addendum shall be deemed to modify and supplement the terms of the Lease as amended by the Addendum and in the event of an inconsistencies the terms of this Second Addendum shall control. All references herein and in the future to the "Lease", unless the context is clearly otherwise, shall be deemed to be the Lease as amended by this Second Addendum and the Addendum. All capitalized terms used herein shall have the meanings as set forth in the Lease, unless otherwise expressly defined herein.

MODIFICATION TO LEASE. The terms of this Third Addendum shall be deemed to modify and supplement the terms of the Lease as amended by the Addendum and Second Addendum and in the event of any inconsistencies the terms of this Third Addendum shall control. All references herein and in the future to the "Lease", unless the context is clearly otherwise, shall be deemed to be the Lease as amended by the Addendum, the Second Addendum and this Third Addendum. All capitalized terms used herein shall have the meanings as set forth in the Lease, unless otherwise expressly defined herein.

MODIFICATION TO LEASE. Section 2 of the Addendum to the Original Lease is hereby deleted in its entirety and replaced with the following: (a) If during the initial Term of this Lease, Tenant is not then in Default under this Lease or the PRII Lease, and has a demonstrable business need to expand into space consisting of at least 5,000 rentable square feet of area more than the aggregate of the Rentable Area of the Premises and the rentable area of the PRII Premises (the “Aggregate Premises”), Tenant shall have the option (the “Expansion Option”) to provide Landlord at least six (6) months’ notice (“Expansion Notice”) of the date when Tenant requires such larger space and shall specify the amount of space (the “Expansion Space”) that Tenant desires. Tenant shall have no right to provide an Expansion Notice if Tenant is not in occupancy of all of the Aggregate Premises, any part of the Aggregate Premises is sublet, or if this Lease or the PRII Lease has been assigned (other than pursuant to a Permitted Transfer). Landlord agrees to use reasonable efforts to locate the Expansion Space in the Project or in a building owned by an affiliate of Landlord in the Richmond, Emeryville or West Berkeley area of comparable quality to the Building (e.g. Xxxxx Station, Xxxxx Station North, 000 Xxxxx Xxxxxxxxx and 000 Xxxxx Xxxxxxxxx) to accommodate Tenant’s needs. (b) If Landlord and Tenant have not, within six (6) months of the Expansion Notice, agreed upon Expansion Space reasonably acceptable to Tenant, Tenant shall have the right to terminate this Lease by providing Landlord one hundred eighty (180) days prior notice specifying the unequivocal termination of this Lease, and provided further that Tenant provide such termination notice within thirty (30) days of the expiration of such six (6) month period. (c) If Landlord locates proposed Expansion Space within six (6) months’ of the Expansion Notice, Landlord shall notify Tenant (“Landlord’s Notice”) of the location of such space and shall provide Tenant with reasonable assurances that such proposed Expansion Space can be improved in the manner and time required by this Section. Tenant shall thereafter have ten (10) business days within which to notify Landlord whether Tenant approves such proposed Expansion Space, in Tenant’s reasonable discretion. If Tenant fails to respond within such ten (10) business day period, Tenant shall be deemed to have disapproved such proposed Expansion Space. If Tenant approves any such proposed Expansion Space...