Common use of MODIFICATIONS TO LEASE Clause in Contracts

MODIFICATIONS TO LEASE. In the event any of Landlord’s insurance carriers or any Mortgagee requests modifications to this Lease, Tenant shall execute a written amendment incorporating such requested modifications within thirty (30) days after the same has been submitted to Tenant by Landlord, provided that such modifications do not (a) adversely affect Tenant’s use of the Premises as herein permitted, (b) increase the rentals and other sums payable by Tenant hereunder, (c) include changes to (i) Tenant’s Security Deposit required hereunder, (ii) Tenant’s Renewal Option (as hereinafter defined), (iii) Tenant’s right with respect to Tenant’s Sign (as hereinafter defined), (iv) the default provisions of Section 19 hereof, or (v) the holdover provisions of Section 21 hereof, or (d) materially adversely affect any of Tenant’s other rights or obligations under this Lease. In the event Tenant refuses or fails to execute such amendment within thirty (30) days, Landlord shall have the right, at its sole option, in addition to Landlord’s other remedies for Default, to terminate and cancel this Lease by written notice to Tenant specifying the date on which this Lease will terminate. From and after said termination date, both Landlord and Tenant shall be relieved of any and all further obligations hereunder, except liabilities arising prior to the date of termination.

Appears in 1 contract

Samples: Lease Agreement (Learning Tree International Inc)

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MODIFICATIONS TO LEASE. In the event any of Landlord’s 's insurance carriers or any Mortgagee requests modifications to this Lease, Tenant shall execute a written amendment incorporating such requested modifications within thirty ten (3010) days after the same has been submitted to Tenant by Landlord, provided that such modifications (i) do not (a) materially adversely affect Tenant’s 's use of the Premises as herein permitted, (bii) increase the rentals and other sums payable by Tenant hereunder, (ciii) include changes to do not affect any other economic terms of this Lease (i) Tenant’s Security Deposit required hereunderincluding, but not limited to, the Tenant Allowance), (iiiv) Tenant’s do not affect the area, configuration or location of the Demised Premises, (v) do not affect the Term of this Lease (including the Renewal Option (Options, as hereinafter defined), (iiivi) do not affect Tenant’s 's right with respect to lease Available Space(as hereinafter defined),(vii) do not affect Tenant’s Sign (as hereinafter defined)'s right to receive a non-disturbance agreement from the Current Mortgagee and the First Subsequent Mortgagee, (iv) if applicable, upon the default provisions of Section 19 terms and conditions set forth in Paragraph 29.2 hereof or Landlord's obligation to use commercially reasonable efforts to seek a non-disturbance agreement from any other future mortgagee upon the terms and conditions set forth in Paragraph 29.2 hereof, or and (vviii) the holdover provisions of Section 21 hereof, or (d) do not materially adversely affect any of Tenant’s 's other rights or obligations under this Lease. In the event Tenant refuses or fails to execute such amendment within thirty (such 30) days-day period, Landlord shall have the right, at its sole option, in addition to Landlord’s 's other remedies for an Event of Default, to terminate and cancel this Lease by written notice to Tenant specifying the date on which this Lease will terminate. From and after said termination date, both Landlord and Tenant shall be relieved of any and all further obligations hereunder, except liabilities arising prior to the date of termination.

Appears in 1 contract

Samples: Lease Agreement (National Consumer Cooperative Bank /Dc/)

MODIFICATIONS TO LEASE. In Effective on the event any Second Commencement Date, the following modifications shall automatically occur to the Lease: a. The following Sections of the Lease shall be deleted: (i) Subsection 11(a) (relating to Landlord’s insurance carriers right to relocate Tenant); (ii) Section 32 entitled “Expansion Option;” (iii) Section 33 entitled “Termination Option;” (iv) Section 37 entitled “Modification of Section 11(a) Landlord’s Right to Relocate Tenant; Right of Entry;” (v) Section 38 entitled “Termination Fee;” and (vi) Section 39 entitled “Early Access.” b. Section 31 entitled “Option to Extend Term” has been exercised by Tenant and, therefore, is no longer a part of the Lease. In lieu thereof, effective on the Second Commencement Date, the parties agree to the following provision being added to the Lease: Tenant shall have the right and option, exercisable by giving Landlord prior written notice thereof more than twelve (12) months in advance of the Expiration Date, to extend the Term of this Lease for an additional term of five (5) years, beginning on the day immediately following the Expiration Date, under the same terms and conditions as herein set forth, except that the Minimum Annual Rent applicable during the first twelve (12) months of such additional term shall be the then-current Market Rent for three (3) story office buildings ten (10) years old or any Mortgagee requests modifications older located in the U.S. Route 202 corridor between King of Prussia and Great Valley Corporate Center (“Comparable Buildings”). Landlord will compile a list of at least five (5) comparable transactions in Comparable Buildings, Landlord will compute the arithmetic mean of the rates of Minimum Annual Rent utilized in each such comparable transaction, and Landlord will give Tenant notice of the resulting Minimum Annual Rent, including disclosure of the data and computation method used. To assure that the transactions which are included in Landlord’s sample are comparable to each other and comparable to the extension of the Term of this Lease, the Minimum Annual Rents in the sample transactions will be adjusted to reflect differences in Tenant shall execute improvement costs on a written amendment incorporating dollars per square foot per year basis. For the second period of twelve (12) months of such requested modifications within thirty additional term and again for each subsequent period of twelve (3012) days after months during the same has been submitted to Tenant by LandlordAdditional Term, provided that such modifications do not (a) adversely affect Tenant’s use Minimum Annual Rent obligation shall increase by $0.50 per rentable square foot per year over the rate applicable to the immediately preceding period of twelve (12) months. This option to extend the Premises as herein permitted, (b) increase the rentals and other sums payable by Term shall not apply during any time periods that Tenant hereunder, (c) include changes to (i) Tenant’s Security Deposit required hereunder, (ii) Tenant’s Renewal Option (as hereinafter defined), (iii) Tenant’s right with respect to Tenant’s Sign (as hereinafter defined), (iv) the is in default provisions of Section 19 hereof, or (v) the holdover provisions of Section 21 hereof, or (d) materially adversely affect any of Tenant’s other rights or its monetary obligations under this Lease. In the event Lease and such default remains uncured or if Tenant refuses or fails has committed a non-monetary default as to execute such amendment within thirty (30) days, which Landlord shall have the right, at its sole option, in addition to Landlord’s other remedies for Default, to terminate and cancel this Lease by has given written notice to Tenant specifying Tenant, and such non-monetary default remains uncured. c. In Section 15 of the date on which this Lease will terminate. From and Lease, entitled “Indemnification of Landlord,” in the fifth line thereof, after said termination datethe word “negligence” the following phrase is hereby inserted: “or willful misconduct.” d. In Section 34 of the Lease, both Landlord and Tenant shall be relieved in the second sentence thereof, the per hour charge for HVAC service outside of any and all further obligations hereunder, except liabilities arising prior the stated hours of operation is hereby changed from $20.00 to the date of termination$30.00.

Appears in 1 contract

Samples: Agreement of Lease (Kenexa Corp)

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MODIFICATIONS TO LEASE. In the event If any of Landlord’s 's insurance carriers or any Mortgagee requests modifications to this Lease, then Tenant shall execute a written amendment incorporating such requested modifications within thirty (30) days after the same has been submitted to Tenant by Landlord, provided that such modifications do not (a) adversely affect Tenant’s 's use of the Premises as herein permitted, (b) increase the rentals and other sums payable by Tenant hereunder, (c) include any changes to (i) requirements relating to Tenant’s 's Security Deposit required hereunderunder Section 35 hereof, (ii) Tenant’s Renewal Option (as hereinafter defined), (iii) Tenant’s right with respect to Tenant’s Sign (as hereinafter defined), (iv) the default provisions of Section 19 hereof, (iii) Tenant's Renewal Option pursuant to Section 41 hereof (iv) Tenant’s termination rights pursuant to Section 42 hereof, or (v) the holdover provisions of Tenant’s rights pursuant to Section 21 43 hereof, or (d) materially do not adversely affect any of Tenant’s 's other rights or obligations under this LeaseLease in more than a de minimis manner, or (e) decrease Landlord's obligations hereunder. In the event that Tenant refuses or fails to execute such amendment that complies with this Section 22.B. within thirty ten (3010) daysdays after Landlord’s delivery of same to Tenant, then Landlord shall have the rightright to provide Tenant with a notice that such failure to execute the amendment within an additional ten (10) days shall constitute a Default under this Lease, at its sole optionand if Tenant fails to execute such amendment within such additional ten (10) day period, in addition to Landlord’s other remedies for Default, to terminate and cancel this Lease by written notice to Tenant specifying the date on which this Lease will terminate. From and after said termination date, both Landlord and Tenant then such failure shall be relieved of any and all further obligations constitute a Default hereunder, except liabilities arising prior to the date of termination.

Appears in 1 contract

Samples: Deed of Lease (Novavax Inc)

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