Second Additional Space. (a) Landlord agrees to lease to Tenant, and Tenant agrees to lease from Landlord, an additional approximate 2,982 square feet located on the fourth floor of the Building, as more particularly outlined on the attached Exhibit A ("Second Additional Space").
(b) Landlord agrees to rent the Second Additional Space to Tenant for a term of five (5) years commencing May 15, 2002 (the "Second Commencement Date") and expiring on May 31, 2007 (the "Second Expiration Date"), unless earlier terminated under the terms of the Lease (the "Second Additional Space Term"). The rental (the "Second Additional Space Rent") for each Lease Year of the Second Additional Space shall be as follows: Lease Year Required Annual Rent Permitted Monthly Payment ---------- -------- ----------- ------------------------- First $53,676.00 $4,473.00 Second $55,823.04 $4,651.92 Third $58,055.96 $4,838.00 Fourth $60,378.20 $5,031.52 Fifth $62,793.33 $5,232.78 Payments of Second Additional Space Rent shall be made monthly ("Monthly Installments") together with payments of rent under the Lease.
(c) For purposes of this Amendment, the term Lease Year shall mean the consecutive twelve calendar month period commencing with the Second Commencement Date. In the event rent is due for any part month period, such rent shall be pro rated on a per diem basis.
(d) Notwithstanding anything to the contrary contained herein, monthly payments of the Second Additional Space Rent for the second, fourth, sixth and eight month of the first Lease Year shall be deferred (the "Deferred Payments"), and Tenant shall not be obligated to remit such payments to Landlord when same falls due. The total amount of the Deferred Payments shall instead be paid to Landlord, together with interest at the rate of eight percent (8%) per annum, in equal monthly payments of $1,639.40 (the "Deferred Monthly Amounts") together with the Monthly Installments during each month of the second Lease Year. Failure to timely pay the Deferred Monthly Amounts shall be considered a default under the Lease and shall entitle Landlord to exercise any and all rights arid remedies provided for therein.
(e) Notwithstanding anything to the contrary contained herein, in the Original Lease and in the First Extension Agreement, the aggregate Required Annual Rent (exclusive of additional rent) for the Initial Promises, the First Additional Space and the Second Additional Space, for each Lease Year through and including the Option period, as applicable, shall ...
Second Additional Space. Section 1.1
Second Additional Space. The Second Additional Space is hereby added to the Existing Premises effective as of the Second Additional Space Commencement Date under all of the terms, covenants and conditions of the Lease, except to the extent expressly modified herein, for a term commencing on the Second Additional Space Commencement Date and ending on the Expiration Date or on such earlier date upon which the Term shall expire, be canceled or terminated pursuant to any of the terms, covenants or conditions of the Lease or pursuant to law.
Second Additional Space. Tenant wishes to lease from Landlord, and Landlord wishes to lease to Tenant, in addition to the Original Premises and the Additional Space, approximately 5,290 rentable square feet of space on the third (3rd) floor of the Building as depicted on Exhibit A, attached hereto and incorporated herein (the “Second Additional Space”). Effective on the date on which Landlord tenders possession of the Second Additional Space to Tenant in the condition required under Paragraph 6(b) below (the “Second Additional Space Commencement Date”), the Premises subject to the Lease shall consist of the Original Premises, the Additional Space and the Second Additional Space, and all references in the Lease to the “Premises” shall refer to such space.
Second Additional Space. Landlord leases to Tenant and Tenant leases ----------------------- from Landlord that certain office space (the "Second Additional Space") consisting of approximately 28,322 rentable square feet, comprising the entire 6th floor of the Building and shown on the plan attached hereto as Exhibit A-2. The Second Additional Space is leased to Tenant subject to all of the same terms and provisions as are contained in the Lease, except as otherwise set forth herein. The Second Additional Space is leased for a lease term commencing on October 1, 2000 (the "Second Additional Space Commencement Date"). The Term of the Lease shall expire on the Expiration Date with respect to the Original Premises, the First Additional Space and the Second Additional Space. From and after the Second Additional Space Commencement Date, the term "Premises" as used and defined in the Lease, as amended hereby, shall be deemed to mean and refer to the Original Premises, the First Additional Space and the Second Additional Space. Landlord shall deliver possession of the Second Additional Space to Tenant promptly after full execution and delivery of this Amendment to enable Tenant to prepare the Second Additional Space for Tenant's occupancy (possession by Tenant prior to the commencement of the lease term for the Second Additional Space shall be upon all of the terms and conditions of the Lease [including, without limitation, Sections 9 and 11B], excluding only Tenant's obligation to pay Base Rent and Adjustment Rent for the Second Additional Space during such period).
Second Additional Space. SECTION 43.01. Owner hereby leases to Tenant and Tenant hereby hires from Owner the entire forty-second (42nd) floor of the Building (referred to herein as the "Second Additional Space") upon all of the then executory terms, covenants and conditions contained in this Lease including, but not limited to, the provisions of Article 23, and the definitions of "Owner's Basic Tax Liability" and "Base Operating Expenses" except as otherwise provided in this Article, for a term to commence on November 1, 1997 and to end on the Expiration Date, unless sooner terminated pursuant to any of the terms, covenants or conditions of the Lease or pursuant to law. The date upon which the term applicable to the Second Additional Space shall commence is sometimes referred to herein as the "Second Additional Space Commencement Date."
Second Additional Space. (a) Landlord leases to Tenant and Tenant leases from Landlord those certain premises (the “Second Additional Space”) consisting of 2,168 rentable square feet of office space located on the eleventh (11th) floor (Suite 1150) of the Building as shown on Exhibit A attached hereto. The Second Additional Space is leased for a lease tern commencing on August 1, 2007, and expiring on February 28, 2019, unless sooner terminated as provided in the Lease and subject to renewal as provided in Paragraph 2(e) below. Tenant may take occupancy of the Second Additional Space on or after the full execution of this Second Amendment. The Second Additional Space is leased upon all of the same terms and provisions as are contained in the Lease, except as otherwise provided in this Second Amendment or as may be inconsistent with the provisions of this Second Amendment. From and after the full execution of this Second Amendment, all references in the Lease to “Premises” shall mean and refer to the Original Premises, the First Additional Space, and the Second Additional Space, collectively.
(b) Effective as of August 1, 2007, Tenant shall pay Base Rent for the Second Additional Space in the following amounts for the following periods: 8/1/07-2/29/08 2,710.00 18,970.00 15.00 3/1/08-2/28/08 2,800.33 33,603.96 15.50 3/1/09-2/28/10 2,890.67 34,688.04 16.00 3/1/10-2/28/11 2,981.00 35,772.00 16.50 3/1/11-2/29/12 3,071.33 36,855.96 17.00 3/1/12-2/28/13 3,161.67 37,940.04 17.50 3/1/13-2/28/14 3,252.00 39,024.00 18.00 3/1/14-2/28/15 3,342.33 40,107.96 18.50 3/1/15-2/29/16 3,432.67 41,192.04 19.00 3/1/16-2/28/17 3,523.00 42,276.00 19.50 3/1/17-2/28/18 3,613.33 43,360.00 20.00 3/1/18-2/28/19 3,703.67 44,444.04 20.50
(c) Subject to paragraph 2(g) below, Tenant shall not be obligated to pay Additional Rent under Section 4.2 of the Original Lease for the Second Additional Space.
(d) Landlord shall not be obligated to improve or, subject to Paragraph 2(g) below, provide Tenant with any allowance to improve, the Second Additional space. By taking possession of the Second Additional Space hereunder, Tenant accepts the Second Additional Space as being in good order, condition and repair otherwise “As-Is”, “Where-Is” and will all faults, known and unknown.
(e) Section 28.4 of the Lease shall apply to the Second Additional Space, and Tenant shall have two (2) options to extend the Term for the Second Additional Space for five (5) years each, and, subject 2(g) below, the Base Rent payable for the Sec...
Second Additional Space. Tenant is currently occupying the Original Premises within the Building pursuant to the terms of the Lease. Effective as of the date Landlord delivers possession of the Second Additional Space to Tenant (the “Additional Space Delivery Date”), Landlord shall lease to Tenant the space identified as the Second Additional Space on Schedule 1 attached hereto. Effective as of the Additional Space Delivery Date, the Second Additional Space shall become part of the Original Premises for all purposes of the Lease. The Net Rentable Area of the Second Additional Space, for all purposes is stipulated to be the Net Rentable Area specified in this Agreement and in no event shall the Net Rentable Area of the Second Additional Space be remeasured or otherwise adjusted. The Second Additional Space, together with the Original Premises shall be referred to herein as the “New Premises.”
Second Additional Space. The “Second Additional Commencement Date,” as used herein, is the date that Landlord delivers possession of the Second Additional Space (defined below) to Tenant, estimated to be April 1, 2003 (“Scheduled Second Additional Space Commencement Date”). Effective as of the Second Additional Space Commencement Date, the Leased Premises shall be expanded to include the “Second Additional Space.” The “Second Additional Space” consists of a portion of additional space in the Building, located on the first floor totaling approximately 2,607 rentable square feet, as approximately depicted on Exhibit A attached hereto. Accordingly, as of the Second Additional Space Commencement Date, the Leased Premises shall consist of the Original Premises, Additional Space, plus the Second Additional Space, having a total Premises rentable area of approximately 53,867 rentable square feet. The Second Additional Space shall be a part of the Premises for all purposes of the Lease, except as specifically provided herein to the contrary.
(a) Landlord shall tender possession of the Second Additional Space with all the work, if any, to be performed by Landlord pursuant to this Second Amendment substantially completed. Tenant shall deliver a punch list of items not completed within 30 days after Landlord tenders possession of the Second Additional Space and Landlord agrees to proceed with due diligence to perform its obligations regarding such items. Landlord and Tenant shall execute a memorandum setting forth the actual Second Additional Space Commencement Date.
(b) Tenant agrees that in the event of the inability of Landlord to deliver possession of the Second Additional Space on the Scheduled Second Additional Space Commencement Date, Landlord shall not be liable for any damage resulting from such inability, but Tenant shall not be liable for any rent until the time when Landlord can, after notice to Tenant, deliver possession of the Second Additional Space to Tenant. No such failure to give possession on the Scheduled Second Additional Space Commencement Date shall affect the other obligations of Tenant under the Lease, except that if Landlord is unable to deliver possession of the Second Additional Space within one hundred twenty (120) days of the Scheduled Second Additional Space Commencement Date (other than as a result of strikes, shortages of materials or similar matters beyond the reasonable control of Landlord and Tenant is notified by Landlord in writing as to such delay), Te...
Second Additional Space. Subject to Landlord’s approval, as set forth in Section 9 below, on or before nine (9) months following the Commencement Date, Tenant shall pay for an additional thirteen thousand five hundred thirty five (13,535) square feet on the second floor of the Property (the “Second Additional Space”), at the Current Rates set forth on Exhibit “B”. Tenant shall have the right to early possession, in which event Tenant shall pay Monthly Rent at the Current Rate.
