Premises; Term. 1.01. Subject to and in accordance with all of the covenants and conditions of this Lease, Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the improvements (together with the heating, ventilating and air conditioning systems located therein, the "BUILDING") more particularly described on Exhibit A attached hereto together with the land on which the Building is located, more particularly described on Exhibit B attached hereto (the "LAND"; the Land and the Building, collectively, the "LEASED PROPERTY"). 1.02. The Leased Property shall be leased for a term (together with any Extension Term, the "TERM") commencing on March 4, 1996 (the "COMMENCEMENT DATE") and expiring on the date (the "EXPIRATION DATE") immediately preceding the first anniversary of the Commencement Date, unless the Term shall terminate sooner pursuant to any of the terms of this Lease or pursuant to law and subject to the following provisions of this Section 1.02. Tenant shall have two successive options to extend the Expiration Date for one year (each such one year extension period, an "EXTENSION TERM"). If the first such option is exercised as provided herein, the Expiration Date shall be the date immediately preceding the second anniversary of the Commencement Date. If the first such option and the second such option are exercised as provided herein, the Expiration Date shall be the date immediately preceding the third anniversary of the Commencement Date. Any such extension option shall be exercised by written notice to Landlord no later than 120 days prior to the Expiration Date as in effect prior to the exercise of such option. If the first such option is not exercised, Tenant shall have no rights with respect to the second such option. During the last six months of any Extension Term, Tenant shall have the right to terminate this Lease on thirty days' written notice to Landlord. Such termination shall be effective as of the first day of the calendar month beginning at least thirty days after the sending of such notice. On such effective termination date, the Term shall end with the same effect as if such effective termination date were the Expiration Date originally set forth herein.
Appears in 5 contracts
Samples: Lease Agreement (Monaco Coach Corp /De/), Lease Agreement (Monaco Coach Corp /De/), Lease Agreement (Monaco Coach Corp /De/)
Premises; Term. 1.011.1. Subject to and in accordance with all of the covenants and conditions of this Lease, Landlord Sublandlord hereby leases to Tenant Subtenant and Tenant Subtenant hereby hires from Landlord the improvements (together with the heating, ventilating and air conditioning systems located thereinSublandlord, the "BUILDING") more particularly described on Exhibit A attached hereto together with the land on which the Building is locatedPremises, more particularly described on Exhibit B attached hereto (the "LAND"; the Land and the Building, collectively, the "LEASED PROPERTY").
1.02. The Leased Property shall be leased for a term (together with any Extension Term, the "TERM") commencing on March 4, 1996 (the "COMMENCEMENT DATE") and expiring on the date (the "EXPIRATION DATE") immediately preceding the first anniversary of the Commencement Date, unless the Term shall terminate sooner pursuant to any of the terms of this Lease or pursuant to law upon and subject to the terms, covenants and conditions hereinafter set forth. Capitalized terms used in this Sublease and not otherwise defined shall have the meanings provided in the Xxxxxxxxx.
1.2. This Sublease is conditioned upon the consent of Overlandlord (“Overlandlord’s Consent”) which Overlandlord’s Consent shall be in the form required by Overlandlord provided such form is reasonably acceptable to Sublandlord and Subtenant and does not, by more than a de minimis extent, reduce the rights or increase the obligations of Sublandlord or Subtenant under this Sublease or the Xxxxxxxxx. Subject to the immediately preceding sentence, Sublandlord and Subtenant agree that they shall promptly execute such Overlandlord’s Consent. If Sublandlord does not obtain such Overlandlord’s Consent, Subtenant agrees that Sublandlord shall have no liability whatsoever to Subtenant. Sublandlord makes no representation with respect to obtaining Overlandlord’s Consent. In the event that Overlandlord notifies Sublandlord that Overlandlord will not give such Overlandlord’s Consent, Sublandlord will promptly notify Subtenant and, upon receipt of such notification by Subtenant of the disapproval by Overlandlord, this Sublease shall be deemed to be null and void and without force or effect, Sublandlord shall return to Subtenant the first monthly installment of annual fixed rent and the cash security deposit delivered upon execution hereof, and Sublandlord and Subtenant shall have no further obligations or liabilities to the other with respect to this Sublease, except for parties’ obligations under Article 9 hereof which shall survive such termination. In the event Overlandlord’s Consent reasonably satisfactory to Sublandlord and Subtenant shall have not been obtained within thirty (30) days of the date hereof (the “Cut-Off Date”), then at any time following provisions the Cut-Off Date, either Sublandlord and Subtenant may give written notice to the other seeking to terminate this Sublease. In the event the Overlandlord’s Consent shall not be obtained within ten (10) days of the giving of such notice, then this Sublease shall terminate and be of no force and effect, and neither party shall have any further obligations or liabilities hereunder, other than those expressly intended to survive its termination, and Sublandlord shall promptly return to Subtenant any funds paid to Sublandlord upon the execution hereof.
1.3. The term of this Section 1.02Sublease (the “Term” or “term of this Sublease”) shall commence on the Commencement Date (as hereinafter defined) and shall end on February 27, 2023 (the “Expiration Date”) unless the Term is sooner terminated pursuant to any provision of this Sublease. Tenant For purposes of this Sublease, the term “Commencement Date” shall mean the date on which Sublandlord shall have two successive options delivered to extend Subtenant (i) the Expiration Date for one year Overlandlord’s Consent in accordance with Section 1.2, and (each such one year extension periodii) vacant possession of the Premises in broom-clean condition. Sublandlord shall provide Subtenant with at least three (3) days prior written notice of the date Sublandlord anticipates delivering vacant, an "EXTENSION TERM")broom clean possession of the Premises to Subtenant. If Sublandlord does not deliver vacant, broom-clean possession of the first such option is exercised as provided hereinPremises to Subtenant by September 1, 2019 (the Expiration “Outside Date”), then the Rent Commencement Date shall be the date immediately preceding the second anniversary postponed by one (1) day for each day thereafter that Sublandlord fails to deliver vacant, broom-clean possession of the Commencement DatePremises to Subtenant. If the first such option and the second such option are exercised as provided hereinSublandlord has not delivered vacant, the Expiration Date shall be the date immediately preceding the third anniversary broom-clean possession of the Commencement Date. Any such extension option shall be exercised Premises to Subtenant by October 1, 2019, then upon ten (10) days written notice to Landlord no later than 120 days prior to the Expiration Date as in effect prior to the exercise of such option. If the first such option is not exercisedSublandlord, Tenant shall have no rights with respect to the second such option. During the last six months of any Extension Term, Tenant Subtenant shall have the right right, in its sole discretion, to terminate this Lease on thirty days' written notice to Landlord. Such termination shall be effective Sublease as of the first day of the calendar month beginning at least thirty days after the sending of such notice. On such effective termination date, the Term shall end with the same effect as if such effective termination date were the Expiration Date originally set forth hereinits sole and exclusive remedy hereunder.
Appears in 1 contract
Premises; Term. 1.01Landlord hereby leases and demises to Tenant and Tenant hereby takes and leases from Landlord the Premises identified in Article 1 for a term (“Term”) commencing on the Commencement Date and ending on the Expiration Date set forth in Article 1, unless sooner terminated as provided herein, subject to the provisions herein contained. Upon either party’s request, the Commencement Date, the Rent Commencement Date and the Expiration Date shall be confirmed by execution of the Commencement Date Confirmation in the form as set forth in Exhibit C. For all purposes of this Lease, Landlord and Tenant stipulate that the rentable square footage of the Premises and each portion thereof is as set forth in Article 1. If Landlord, for any reason whatsoever, does not deliver possession of the Premises to Tenant on the scheduled Delivery Date, this Lease shall not be void or voidable and Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, but in such event, the Delivery Date shall be postponed until the date on which Landlord delivers possession of the Premises to Tenant in the condition required by Section 5.A below. Notwithstanding the foregoing, if Landlord does not deliver the Premises to Tenant with Landlord’s Work substantially completed: (i) on or before July 1, 2014 (the “First Delivery Deadline”) (which date is subject to extension for force majeure events pursuant to the terms of Article 25 below), then Tenant shall be entitled to a credit against the Rent due hereunder in an amount equal to one (1) day of Monthly Rent for each day after the First Delivery Deadline until the earlier of July 31, 2014 or the day the Premises are delivered to Tenant with Landlord’s Work substantially completed, (ii) on or before August1, 2014 (the “Second Delivery Deadline”) (which date is subject to extension for force majeure events pursuant to the terms of Article 25 below), then Tenant shall be entitled to a credit against the Rent due hereunder in an amount equal to two (2) days of Monthly Rent for each day after the Second Delivery Deadline until the earlier of August 31, 2014 or the day the Premises are delivered to Tenant with Landlord’s Work substantially completed, and (iii) on or before September 1, 2014 (the “Termination Date”) (which date is subject to extension for force majeure events pursuant to the terms of Article 25 below), then Tenant, as Tenant’s sole remedy, may terminate this Lease upon written notice thereof to Landlord at least fifteen (15) days in advance of Tenant’s proposed termination date, and this Lease shall terminate as of such termination date unless Landlord substantially completes Landlord’s Work and delivers the Premises to Tenant on or before Tenant’s proposed termination date. Subject to any temporary shutdown for repairs, for security purposes, for compliance with any Laws (as defined below), or due to strikes, lockouts, labor disputes, fire or other casualty, acts of God, acts of terror, or other causes beyond the reasonable control of Landlord, Tenant shall have access to the Premises twenty-four (24) hours a day, each day of the Term. Any space in the Premises used for shafts, stacks, pipes, conduits, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof and access thereto through the Premises for the purposes of operation, maintenance and repairs, are reserved to Landlord. During the period between the Delivery Date and the Commencement Date (the “Early Access Period”), Tenant shall have access to the Premises for the purposes of the design, construction and installation of Tenant’s Work and Tenant’s furniture, fixtures and equipment in accordance with the Premises. Tenant’s possession of the Premises during the Early Access Period shall be on all of the terms, covenants and conditions of this Lease, Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the improvements (together with the heating, ventilating and air conditioning systems located therein, the "BUILDING") more particularly described on Exhibit A attached hereto together with the land on Lease which the Building is located, more particularly described on Exhibit B attached hereto (the "LAND"; the Land and the Building, collectively, the "LEASED PROPERTY").
1.02. The Leased Property shall be leased for a term (together with any Extension Term, the "TERM") commencing on March 4, 1996 (the "COMMENCEMENT DATE") and expiring on the date (the "EXPIRATION DATE") immediately preceding the first anniversary of are applicable after the Commencement Date, unless the Term shall terminate sooner pursuant to any of the terms of this Lease or pursuant to law and subject to the following provisions of this Section 1.02. except that Tenant shall have two successive options not be required to extend pay Monthly Rent or Tenant’s Share of Taxes and Operating Expenses during the Expiration Date for one year (each such one year extension period, an "EXTENSION TERM"). If the first such option is exercised as provided herein, the Expiration Date shall be the date immediately preceding the second anniversary of the Commencement Date. If the first such option and the second such option are exercised as provided herein, the Expiration Date shall be the date immediately preceding the third anniversary of the Commencement Date. Any such extension option shall be exercised by written notice to Landlord no later than 120 days prior to the Expiration Date as in effect prior to the exercise of such option. If the first such option is not exercised, Tenant shall have no rights with respect to the second such option. During the last six months of any Extension Term, Tenant shall have the right to terminate this Lease on thirty days' written notice to Landlord. Such termination shall be effective as of the first day of the calendar month beginning at least thirty days after the sending of such notice. On such effective termination date, the Term shall end with the same effect as if such effective termination date were the Expiration Date originally set forth hereinEarly Access Period.
Appears in 1 contract
Samples: Lease (Hortonworks, Inc.)
Premises; Term. 1.01Landlord hereby leases and demises to Tenant and Tenant hereby takes and leases from Landlord the Premises identified in Article 1 for a term (“Term”) commencing on the Commencement Date and ending on the Expiration Date set forth in Article 1, unless sooner terminated as provided herein, subject to the provisions herein contained. Subject to Upon either party’s request, the Commencement Date, the Rent Commencement Date and in accordance with all the Expiration Date shall be confirmed by execution of the covenants and conditions Commencement Date Confirmation in the form as set forth in Exhibit C. For all purposes of this Lease, Landlord hereby leases and Tenant stipulate that the rentable square footage of the Premises and each portion thereof is as set forth in Article 1. If Landlord, for any reason whatsoever, does not deliver possession of the Premises to Tenant and Tenant hereby hires from Landlord the improvements (together with the heating, ventilating and air conditioning systems located therein, the "BUILDING") more particularly described on Exhibit A attached hereto together with the land on which the Building is located, more particularly described on Exhibit B attached hereto (the "LAND"; the Land and the Building, collectively, the "LEASED PROPERTY").
1.02. The Leased Property shall be leased for a term (together with any Extension Term, the "TERM") commencing on March 4, 1996 (the "COMMENCEMENT DATE") and expiring on the date (the "EXPIRATION DATE") immediately preceding the first anniversary of the anticipated Commencement Date, unless the Term shall terminate sooner pursuant to any of the terms of this Lease shall not be void or pursuant voidable and Landlord shall not be liable to law and subject to the following provisions of this Section 1.02. Tenant shall have two successive options to extend the Expiration Date for one year (each any loss or damage resulting therefrom, but in such one year extension period, an "EXTENSION TERM"). If the first such option is exercised as provided hereinevent, the Expiration Commencement Date shall be postponed until the date immediately preceding on which Landlord delivers possession of the second anniversary Premises to Tenant; provided, however, if the Commencement Date does not occur on or before January 1, 2013, as such date may be extended by force majeure (as such concept is addressed in Article 25) (such date, as so extended, the “Credit Start Date”), then, as its sole remedy for such delay, Tenant shall receive a rent credit equal to two (2) days of Monthly Rent for each one (1) day during the period which commences on the first day following the Credit Start Date and ends on the Commencement Date. If Notwithstanding the first foregoing, if the Commencement Date does not occur on or before April 1, 2013, as such option and the second date may be extended by force majeure (such option are exercised date, as provided hereinso extended, the Expiration Date “Trigger Date”), then Tenant may terminate this Lease upon written notice to Landlord given within ten (10) calendar days after the Trigger Date. Except with respect to the abatement of Monthly Rent described above in this Article 2, the foregoing right of Tenant to terminate this Lease shall be the date immediately preceding the third anniversary of Tenant’s sole remedy for such delay in the Commencement Date. Any such extension option shall be exercised by written notice Subject to Landlord no later than 120 days prior any temporary shutdown for repairs, for security purposes, for compliance with any Laws (as defined below), or due to strikes, lockouts, labor disputes, fire or other casualty, acts of God, acts of terror, or other causes beyond the Expiration Date as in effect prior to the exercise reasonable control of such option. If the first such option is not exercisedLandlord, Tenant shall have no rights with respect access to the second such option. During the last six months of any Extension TermPremises twenty-four (24) hours a day, Tenant shall have the right to terminate this Lease on thirty days' written notice to Landlord. Such termination shall be effective as of the first each day of the calendar month beginning at least thirty days after Term. Any space in the sending Premises used for shafts, stacks, pipes, conduits, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof and access thereto through the Premises for the purposes of such notice. On such effective termination dateoperation, maintenance and repairs, are reserved to Landlord, and Landlord’s access to the Term Premises in connection therewith shall end with the same effect as if such effective termination date were the Expiration Date originally set forth hereinbe subject to Article 13.
Appears in 1 contract
Samples: Lease Agreement (Conceptus Inc)
Premises; Term. 1.01Landlord hereby leases and demises to Tenant and Tenant hereby takes and leases from Landlord the Premises identified in Article 1 for a term ("Term") commencing on the Commencement Date and ending on the Expiration Date set forth in Article 1, unless sooner terminated as provided herein, subject to the provisions herein contained. Subject to Upon either party's request, the Commencement Date, the Rent Commencement Date and in accordance with all the Expiration Date shall be confirmed by execution of the covenants and conditions Commencement Date Confirmation in the form as set forth in Exhibit C. For all purposes of this Lease, Landlord hereby leases and Tenant stipulate that the rentable square footage of the Premises and each portion thereof is as set forth in Article 1. IfLandlord, for any reason whatsoever, does not deliver possession of the Premises to Tenant on the anticipated Commencement Date, this Lease shall not be void or voidable and Landlord shall not be liable to Tenant hereby hires from for any loss or damage resulting therefrom, but in such event, the Commencement Date shall be postponed until the date on which Landlord delivers possession of the improvements Premises to Tenant; provided, however, if the Commencement Date does not occur on or before January 1, 2013, as such date may be extended by force majeure (together with the heatingas such concept is addressed in Article 25) (such date, ventilating and air conditioning systems located thereinas so extended, the "BUILDING") more particularly described on Exhibit A attached hereto together with the land on which the Building is located, more particularly described on Exhibit B attached hereto (the "LAND"; the Land and the Building, collectively, the "LEASED PROPERTYCredit Start Date").
1.02. The Leased Property , then, as its sole remedy for such delay, Tenant shall be leased receive a rent credit equal to two (2) days of Monthly Rent for a term each one (together with any Extension Term, 1) day during the "TERM") commencing on March 4, 1996 (the "COMMENCEMENT DATE") and expiring period which commences on the date (first day following the "EXPIRATION DATE") immediately preceding the first anniversary of the Commencement Date, unless the Term shall terminate sooner pursuant to any of the terms of this Lease or pursuant to law Credit Start Date and subject to the following provisions of this Section 1.02. Tenant shall have two successive options to extend the Expiration Date for one year (each such one year extension period, an "EXTENSION TERM"). If the first such option is exercised as provided herein, the Expiration Date shall be the date immediately preceding the second anniversary of ends on the Commencement Date. If Notwithstanding the first foregoing, if the Commencement Date does not occur on or before April I, 2013, as such option and the second date may be extended by force majeure (such option are exercised date, as provided hereinso extended, the Expiration Date "Trigger Date"), then Tenant may terminate this Lease upon written notice to Landlord given within ten (10) calendar days after the Trigger Date. Except with respect to the abatement of Monthly Rent described above in this Article 2, the foregoing right of Tenant to terminate this Lease shall be the date immediately preceding the third anniversary of Tenant's sole remedy for such delay in the Commencement Date. Any such extension option shall be exercised by written notice Subject to Landlord no later than 120 days prior any temporary shutdown for repairs, for security purposes, for compliance with any Laws (as defined below), or due to strikes, lockouts, labor disputes, fire or other casualty, acts of God, acts of terror, or other causes beyond the Expiration Date as in effect prior to the exercise reasonable control of such option. If the first such option is not exercisedLandlord, Tenant shall have no rights with respect access to the second such option. During the last six months of any Extension TermPremises twenty-four (24) hours a day, Tenant shall have the right to terminate this Lease on thirty days' written notice to Landlord. Such termination shall be effective as of the first each day of the calendar month beginning at least thirty days after Term. Any space in the sending Premises used for shafts, stacks, pipes, conduits, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof and access thereto through the Premises for the purposes of such notice. On such effective termination dateoperation, maintenance and repairs, are reserved to Landlord, and Landlord's access to the Term Premises in connection therewith shall end with the same effect as if such effective termination date were the Expiration Date originally set forth hereinbe subject to Article 13.
Appears in 1 contract
Samples: Sublease (Aerohive Networks, Inc)