Common use of Shared Conference Facilities Clause in Contracts

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) at The Alexandria or One Alexandria Square shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Landlord, the OAS Landlord or the then-designated operators of the applicable shared conference facilities (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities and any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria for up to 4 days per calendar month. Tenant shall be required to use the food service operator(s) designated by The Alexandria Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) for any food and/or beverage service or catered events held by Tenant in the shared conference facilities. The Alexandria Landlord and the OAS Landlord have the right, in their sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities after each time that Tenant uses the shared conference facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilities, the Alexandria Amenities, the OAS Amenities, The Alexandria or One Alexandria Square caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d) shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.)

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Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square the Torreyana Project shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Torreyana Landlord, the OAS . Torreyana Landlord or the then-designated operators of the applicable shared conference facilities (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Any vendors engaged by Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has in connection with Tenant’s use of the Shared Conference Facilities shall be professional licensed vendors. Torreyana Landlord shall have the right to reserve the shared conference facilities and reasonably approve any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities and reservable dining area(s) are available for use vendors utilized by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive Tenant in connection with Tenant’s use of the main conference room within Shared Conference Facilities. Prior to any entry by any such vendor onto the shared conference facilities at The Alexandria for up Torreyana Project, Tenant shall deliver to 4 days per calendar monthLandlord a copy of the contract between Tenant and such vendor and certificates of insurance from such vendor evidencing industry standard commercial general liability, automotive liability, and workers’ compensation insurance. Tenant shall cause all such vendors utilized by Tenant to provide a certificate of insurance naming Landlord, ARE, and Torreyana Landlord as additional insureds under the vendor’s liability policies. Notwithstanding the foregoing, Tenant shall be required to use the food service operator(s) designated operator used by The Alexandria Torreyana Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) Torreyana Project for any food and/or beverage service or catered events held by Tenant in the shared conference facilities. The Alexandria Landlord and the OAS Landlord have the right, in their sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, subject to casualty, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, or the OAS Amenities, The Alexandria or One Alexandria Square Torreyana Project caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d39(c) shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square the Torreyana Project shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Torreyana Landlord, the OAS . Torreyana Landlord or the then-designated operators of the applicable shared conference facilities (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Any vendors engaged by Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has in connection with Tenant’s use of the Shared Conference Facilities shall be professional licensed vendors. Torreyana Landlord shall have the right to reserve the shared conference facilities and reasonably approve any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities and reservable dining area(s) are available for use vendors utilized by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive Tenant in connection with Tenant’s use of the main conference room within Shared Conference Facilities. Prior to any entry by any such vendor onto the shared conference facilities at The Alexandria for up Torreyana Project, Tenant shall deliver to 4 days per calendar monthLandlord a copy of the contract between Tenant and such vendor and certificates of insurance from such vendor evidencing industry standard commercial general liability, automotive liability, and workers’ compensation insurance. Tenant shall cause all such vendors utilized by Tenant to provide a certificate of insurance naming Landlord, ARE, and Torreyana Landlord as additional insureds under the vendor’s liability policies. Notwithstanding the foregoing, Tenant shall be required to use the food service operator(s) designated operator used by The Alexandria Torreyana Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) Torreyana Project for any food and/or beverage service or catered events held by Tenant in the shared conference facilities. The Alexandria Landlord and the OAS Landlord have the right, in their sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, subject to casualty, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, or the OAS Amenities, The Alexandria or One Alexandria Square Torreyana Project caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d40(c) shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement (Gossamer Bio, Inc.), Lease Agreement (Gossamer Bio, Inc.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square the Franklin Yard Project shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Franklin Yard Landlord, the OAS . Franklin Yard Landlord or the then-designated operators of the applicable shared conference facilities (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Any vendors engaged by Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has in connection with Tenant’s use of the Shared Conference Facilities shall be professional licensed vendors. Franklin Yard Landlord shall have the right to reserve the shared conference facilities and reasonably approve any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities and reservable dining area(s) are available for use vendors utilized by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive Tenant in connection with Tenant’s use of the main conference room within Shared Conference Facilities. Prior to any entry by any such vendor onto the shared conference facilities at The Alexandria for up Franklin Yard Project, Tenant shall deliver to 4 days per calendar monthLandlord a copy of the contract between Tenant and such vendor and certificates of insurance from such vendor evidencing industry standard commercial general liability, automotive liability, and workers’ compensation insurance. Tenant shall cause all such vendors utilized by Tenant to provide a certificate of insurance naming Landlord, ARE, and Franklin Yard Landlord as additional insureds under the vendor’s liability policies. Notwithstanding the foregoing, Tenant shall be required to use the food service operator(s) designated operator used by The Alexandria Franklin Yard Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) Franklin Yard Project for any food and/or beverage service or catered events held by Tenant in the shared conference facilities. The Alexandria Landlord and the OAS Landlord have the right, in their sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, subject to casualty, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty fee within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty fee payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty fee payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty fee shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Franklin Yard Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Franklin Yard Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Franklin Yard Amenities, or the OAS Amenities, The Alexandria or One Alexandria Square Franklin Yard Project caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d40(c) shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Vividion Therapeutics, Inc.), Lease Agreement (ONCOSEC MEDICAL Inc)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Landlord, the OAS Landlord or the then-The Alexandria Landlord’s then designated operators of the applicable shared conference facilities event operator (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities Shared Conference Facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the The Alexandria Landlord’s quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, Shared Conference Facilities in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area Shared Conference Area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities Shared Conference Facilities and any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Tenant shall be required to use the food service operator(s) operator designated by The Alexandria Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) for any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. As of the date of this Lease, the Designated Food and Beverage Operator is The Xxxxxx and the Seahorse. The Alexandria Landlord and the OAS Landlord have has the right, in their its sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, the OAS Amenities, or The Alexandria or One Alexandria Square caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d41(c) shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Zentalis Pharmaceuticals, Inc.), Lease Agreement (Zentalis Pharmaceuticals, LLC)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square the Torreyana Project shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Torreyana Landlord, the OAS . Torreyana Landlord or the then-designated operators of the applicable shared conference facilities (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities Shared Conference Facilities and any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Any vendors engaged by Tenant in connection with Tenant’s use of the Shared Conference Facilities shall be professional licensed vendors. Torreyana Landlord shall have the right to reasonably approve any vendors utilized by Tenant in connection with Tenant’s use of the Shared Conference Facilities. Prior to any entry by any such vendor onto the Torreyana Project, Tenant shall deliver to Landlord a copy of the contract between Tenant and such vendor and certificates of insurance from such vendor evidencing industry standard commercial general liability, automotive liability, and workers’ compensation insurance. Tenant shall cause all such vendors utilized by Tenant to provide a certificate of insurance naming Landlord, ARE, and Torreyana Landlord as additional insureds under the vendor’s liability policies. Notwithstanding the foregoing, Tenant shall be required to use the food service operator(s) designated operator used by The Alexandria Torreyana Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) Torreyana Project for any food and/or beverage service or catered events held by Tenant in the shared conference facilities. The Alexandria Landlord and the OAS Landlord have the right, in their sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, subject to casualty, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, or the OAS Amenities, The Alexandria or One Alexandria Square Torreyana Project caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d42(c) shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (NantKwest, Inc.), Lease Agreement (Conkwest, Inc.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square the Torreyana Project shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Torreyana Landlord, the OAS . Torreyana Landlord or the then-designated operators of the applicable shared conference facilities (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities Shared Conference Facilities and any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) IlluminaIllumine, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Any vendors engaged by Tenant in connection with Tenant’s use of the Shared Conference Facilities shall be professional licensed vendors. Torreyana Landlord shall have the right to approve any vendors utilized by Tenant in connection with Tenant’s use of the Shared Conference Facilities. Prior to any entry by any such vendor onto the Torreyana Project, Tenant shall deliver to Landlord a copy of the contract between Tenant and such vendor and certificates of insurance from such vendor evidencing industry standard commercial general liability, automotive liability, and workers’ compensation insurance. Tenant shall cause all such vendors utilized by Tenant to provide a certificate of insurance naming Landlord, ARE, and Torreyana Landlord as additional insureds under the vendor’s liability policies. Notwithstanding the foregoing, Tenant shall be required to use the food service operator(s) designated operator used by The Alexandria Torreyana Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) Torreyana Project for any food and/or beverage service or catered events held by Tenant in the shared conference facilities. The Alexandria Landlord and the OAS Landlord have the right, in their sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, applicable for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, or the OAS Amenities, The Alexandria or One Alexandria Square Torreyana Project caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d7(c) shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Ambrx Biopharma Inc.), Lease (Ambrx Biopharma Inc.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Landlord, the OAS Landlord or the then-The Alexandria Landlord’s then designated operators of the applicable shared conference facilities event operator (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities Shared Conference Facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the The Alexandria Landlord’s quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, Shared Conference Facilities in effect at the time of Tenant’s schedulingscheduling discounted by 30%. Tenant’s use of the conference rooms in the shared conference area Shared Conference Area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities Shared Conference Facilities and any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Tenant shall be required to use the food service operator(s) operator designated by The Alexandria Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) for any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. As of the date of this Lease, the Designated Food and Beverage Operator is The Xxxxxx and the Seahorse. The Alexandria Landlord and the OAS Landlord have has the right, in their its sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Net Multi-Tenant Laboratory 3985 Sorrento Valley/Metacrine - Page 32 Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, the OAS Amenities, or The Alexandria or One Alexandria Square caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d40(c) shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Metacrine, Inc.), Lease Agreement (Metacrine, Inc.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Landlord, the OAS Landlord or the then-The Alexandria Landlord’s then designated operators of the applicable shared conference facilities event operator (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities Shared Conference Facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the The Alexandria Landlord’s quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, Shared Conference Facilities in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area Shared Conference Area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities Shared Conference Facilities and any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Tenant shall be required to use the food service operator(s) operator designated by The Alexandria Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) for any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. As of the date of this Lease, the Designated Food and Beverage Operator is The Xxxxxx and the Seahorse. The Alexandria Landlord and the OAS Landlord have has the right, in their its sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, the OAS Amenities, or The Alexandria or One Alexandria Square caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d40(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Avidity Biosciences, Inc.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Landlord, the OAS Landlord or the then-The Alexandria Landlord’s then designated operators of the applicable shared conference facilities event operator (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities Shared Conference Facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the The Alexandria Landlord’s quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, Shared Conference Facilities in effect at the time of TenantXxxxxx’s scheduling. Tenant’s use of the conference rooms in the shared conference area Shared Conference Facilities shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities Shared Conference Facilities and any reservable dining area(s) included within the Alexandria Regional Amenities for up to 50% of the time that such shared conference facilities Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Tenant shall be required to use the food service operator(s) operator designated by The Alexandria Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) for any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. The Alexandria Landlord and the OAS Landlord have has the right, in their its sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant Xxxxxx uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, subject to casualty, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant Xxxxxx has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant Xxxxxx in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Regional Amenities, the OAS Amenities, or The Alexandria or One Alexandria Square caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d41(c) shall survive the expiration or earlier termination of this Lease.. 3565 General Atomics – Suite 200&100A/Pipeline Tx - Page 40

Appears in 1 contract

Samples: Lease Agreement (Contineum Therapeutics, Inc.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Landlord, the OAS Landlord or the then-The Alexandria Landlord’s then designated operators of the applicable shared conference facilities event operator (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities Shared Conference Facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the The Alexandria Landlord’s quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, Shared Conference Facilities in effect at the time of TenantXxxxxx’s schedulingscheduling discounted by 30%. Tenant’s use of the conference rooms in the shared conference area Shared Conference Area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities Shared Conference Facilities and any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Tenant shall be required to use the food service operator(s) operator designated by The Alexandria Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) for any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. As of the date of this Lease, the Designated Food and Beverage Operator is The Farmer and the Seahorse. The Alexandria Landlord and the OAS Landlord have has the right, in their its sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant Xxxxxx uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant Xxxxxx has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant Xxxxxx in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, the OAS Amenities, or The Alexandria or One Alexandria Square caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d41(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Contineum Therapeutics, Inc.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square the Torreyana Project shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Torreyana Landlord, the OAS . Torreyana Landlord or the then-designated operators of the applicable shared conference facilities (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Any vendors engaged by Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has in connection with Tenant’s use of the Shared Conference Facilities shall be professional licensed vendors. Torreyana Landlord shall have the right to reserve the shared conference facilities and approve any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities and reservable dining area(s) are available for use vendors utilized by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive Tenant in connection with Tenant’s use of the main conference room within Shared Conference Facilities. Prior to any entry by any such vendor onto the shared conference facilities at The Alexandria for up Torreyana Project, Tenant shall deliver to 4 days per calendar monthLandlord a copy of the Net Multi-Tenant Laboratory 3033 Science Park/Receptos - Page 35 contract between Tenant and such vendor and certificates of insurance from such vendor evidencing industry standard commercial general liability, automotive liability, and workers’ compensation insurance. Tenant shall cause all such vendors utilized by Tenant to provide a certificate of insurance naming Landlord, ARE, and Torreyana Landlord as additional insureds under the vendor’s liability policies. Notwithstanding the foregoing, Tenant shall be required to use the food service operator(s) designated operator used by The Alexandria Torreyana Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) Torreyana Project for any food and/or beverage service or catered events held by Tenant in the shared conference facilities. The Alexandria Landlord and the OAS Landlord have the right, in their sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, subject to casualty, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, or the OAS Amenities, The Alexandria or One Alexandria Square Torreyana Project caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d39(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Receptos, Inc.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square the Torreyana Project shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Torreyana Landlord, the OAS . Torreyana Landlord or the then-designated operators of the applicable shared conference facilities (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities Shared Conference Facilities and any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Any vendors engaged by Tenant in connection with Tenant’s use of the Shared Conference Facilities shall be professional licensed vendors. Torreyana Landlord shall have the right to reasonably approve any vendors utilized by Tenant in connection with Tenant’s use of the Shared Conference Facilities. Prior to any entry by any such vendor onto the Torreyana Project, Tenant shall deliver to Landlord a copy of the contract between Tenant and such vendor and certificates of insurance from such vendor evidencing industry standard commercial general liability, automotive liability, and workers’ compensation insurance. Tenant shall cause all such vendors utilized by Tenant to provide a certificate of insurance naming Landlord, ARE, and Torreyana Landlord as additional insureds under the vendor’s liability policies. Notwithstanding the foregoing, Tenant shall be required to use the food service operator(s) designated operator used by The Alexandria Torreyana Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) Torreyana Project for any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. The Alexandria Landlord and the OAS Landlord have the right, in their sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilities. Net Laboratory 4796 Executive/Otonomy - Page 35 Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, subject to casualty, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, or the OAS Amenities, The Alexandria or One Alexandria Square Torreyana Project caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d42(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Otonomy, Inc.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Landlord, the OAS Landlord or the then-The Alexandria Landlord’s then designated operators of the applicable shared conference facilities event operator (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities Shared Conference Facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the The Alexandria Landlord’s quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, Shared Conference Facilities in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area Shared Conference Facilities shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities Shared Conference Facilities and any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Tenant shall be required to use the food service operator(s) operator designated by The Alexandria Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) for any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. The Alexandria Landlord and the OAS Landlord have has the right, in their its sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant DocuSign Envelope ID: FC2CC128-9822-4855-A001-C19E6B8CA968 Net Laboratory Buildings B3 and B4/Singular - Page 37 has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, the OAS Amenities, or The Alexandria or One Alexandria Square caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d40(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Singular Genomics Systems, Inc.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria ATP Landlord, the OAS . ATP Landlord or the then-designated operators of the applicable shared conference facilities (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities Shared Conference Facilities and any reservable dining area(s) included within as part of the Amenities at The Alexandria Amenities for up to 50% of the time that such shared conference facilities Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Any vendors engaged by Tenant in connection with Tenant’s use of the Shared Conference Facilities shall be professional vendors holding any required licenses. ATP Landlord shall have the right to reasonably approve any vendors utilized by Tenant in connection with Tenant’s use of the Shared Conference Facilities. Prior to any entry by any such vendor onto The Alexandria, Tenant shall deliver to Landlord a copy of the contract between Tenant and such vendor and certificates of insurance from such vendor evidencing industry standard commercial general liability, automotive liability, and workers’ compensation insurance. Tenant shall cause all such vendors utilized by Tenant to provide a certificate of insurance naming Landlord, ARE, and ATP Landlord as additional insureds under the vendor’s liability policies. Notwithstanding the foregoing, Tenant shall be required to use the food service operator(s) designated operator used by The Alexandria ATP Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) for any food and/or beverage service or catered events held by Tenant in the shared conference facilities. The Alexandria Landlord and the OAS Landlord have the right, in their sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, subject to casualty, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities DefaultFailure.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, ATP Landlord reasonably determines that Tenant has committed a Shared Facilities DefaultFailure, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after Exhibit 10.10 3215 Merrxxxxxx/Xxxtex - Page 41 notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities DefaultFailure. The penalty payable by Tenant in connection with the first Shared Facilities Default Failure shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default Failure (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities DefaultFailure, shall be $300 for the third Shared Facilities DefaultFailure, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS ATP Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS ATP Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, the OAS Amenities, or The Alexandria or One Alexandria Square caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d41(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Vertex Pharmaceuticals Inc / Ma)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square the Torreyana Project shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Torreyana Landlord, the OAS . Torreyana Landlord or the then-designated operators of the applicable shared conference facilities (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities Shared Conference Facilities and any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Any vendors engaged by Tenant in connection with Tenant’s use of the Shared Conference Facilities shall be professional licensed vendors. Torreyana Landlord shall have the right to approve any vendors utilized by Tenant in connection with Tenant’s use of the Shared Conference Facilities. Prior to any entry by any such vendor onto the Torreyana Project, Tenant shall deliver to Landlord a copy of the contract between Tenant and such vendor and certificates of insurance from such vendor evidencing industry standard commercial general liability, automotive liability, and workers’ compensation insurance. Tenant shall cause all such vendors utilized by Tenant to provide a certificate of insurance naming Landlord, ARE, and Torreyana Landlord as additional insureds under the vendor’s liability policies. Notwithstanding the foregoing, Tenant shall be required to use the food service operator(s) designated operator used by The Alexandria Torreyana Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) Net Lease 10151 Xxxxxx Canyon/Tandem - Page 32 Torreyana Project for any food and/or beverage service or catered events held by Tenant in the shared conference facilities. The Alexandria Landlord and the OAS Landlord have the right, in their sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, or the OAS Amenities, The Alexandria or One Alexandria Square Torreyana Project caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d40(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Tandem Diabetes Care Inc)

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Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Landlord, the OAS Landlord or the then-The Alexandria Landlord’s then designated operators of the applicable shared conference facilities event operator (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities Shared Conference Facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the The Alexandria Landlord’s quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, Shared Conference Facilities in effect at the time of Tenant’s schedulingscheduling discounted by 30%. Tenant’s use of the conference rooms in the shared conference area Shared Conference Area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities Shared Conference Facilities and any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Tenant shall be required to use the food service operator(s) operator designated by The Alexandria Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) for any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. As of the date of this Lease, the Designated Food and Beverage Operator is The Xxxxxx and the Seahorse. The Alexandria Landlord and the OAS Landlord have has the right, in their its sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, the OAS Amenities, or The Alexandria or One Alexandria Square caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d40(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Singular Genomics Systems, Inc.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Landlord, the OAS Landlord or the then-The Alexandria Landlord’s then designated operators of the applicable shared conference facilities event operator (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities Shared Conference Facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the The Alexandria Landlord’s quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, Shared Conference Facilities in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area Shared Conference Area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities Shared Conference Facilities and any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Tenant shall be required to use the food service operator(s) operator designated by The Alexandria Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) for any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. As of the date of this Lease, the Designated Food and Beverage Operator is The Xxxxxx and the Seahorse. The Alexandria Landlord and the OAS Landlord have has the right, in their its sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, the OAS Amenities, or The Alexandria or One Alexandria Square caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d40(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Singular Genomics Systems, Inc.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Landlord, the OAS Landlord or the then-The Alexandria Landlord’s then designated operators of the applicable shared conference facilities event operator (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities Shared Conference Facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the The Alexandria Landlord’s quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, Shared Conference Facilities in effect at the time of Tenant’s schedulingscheduling discounted by 30%. Tenant’s use of the conference rooms in the shared conference area Shared Conference Area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities Shared Conference Facilities and any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illuminalllumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Tenant shall be required to use the food service operator(s) operator designated by The Alexandria Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) for any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. As of the date of this Lease, the Designated Food and Beverage Operator is The Xxxxxx and the Seahorse. The Alexandria Landlord and the OAS Landlord have has the right, in their its sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, subject to casualty, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, the OAS Amenities, or The Alexandria or One Alexandria Square caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d42(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Xeris Pharmaceuticals Inc)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square the Torreyana Project shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Torreyana Landlord, the OAS . Torreyana Landlord or the then-designated operators of the applicable shared conference facilities (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Any vendors engaged by Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has in connection with Tenant’s use of the Shared Conference Facilities shall be professional licensed vendors. Torreyana Landlord shall have the right to reserve the shared conference facilities and approve any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities and reservable dining area(s) are available for use vendors utilized by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive Tenant in connection with Tenant’s use of the main conference room within Shared Conference Facilities. Prior to any entry by any such vendor onto the shared conference facilities at The Alexandria for up Torreyana Project, Tenant shall deliver to 4 days per calendar monthLandlord a copy of the contract between Tenant and such vendor and certificates of insurance from such vendor evidencing industry standard commercial general liability, automotive liability, and workers’ compensation insurance. Tenant shall cause all such vendors utilized by Tenant to provide a certificate of insurance naming Landlord, ARE, and Torreyana Landlord as additional insureds under the vendor’s liability policies. Notwithstanding the foregoing, Tenant shall be required to use the food service operator(s) designated operator used by The Alexandria Torreyana Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) Torreyana Project for any food and/or beverage service or catered events held by Tenant in the shared conference facilities. The Alexandria Landlord and the OAS Landlord have the right, in their sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, subject to casualty, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, or the OAS Amenities, The Alexandria or One Alexandria Square Torreyana Project caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d12(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Organovo Holdings, Inc.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Landlord, the OAS Landlord or the then-designated operators of the applicable shared conference facilities (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities Shared Conference Facilities and any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Any vendors engaged by Tenant in connection with Tenant’s use of the Shared Conference Facilities shall be professional licensed vendors. The Alexandria Landlord shall have the right to reasonably approve any vendors utilized by Tenant in connection with Tenant’s use of the Shared Conference Facilities. Prior to any entry by any such vendor onto The Alexandria, Tenant shall deliver to Landlord a copy of the contract between Tenant and such vendor and certificates of insurance from such vendor evidencing industry standard commercial general liability, automotive liability, and workers’ compensation insurance. Tenant shall cause all such vendors utilized by Tenant to provide a certificate of insurance naming Landlord, ARE, and The Alexandria Landlord as additional insureds under the vendor’s liability policies. Notwithstanding the foregoing, Tenant shall be required to use the food service operator(s) designated operator used by The Alexandria Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) for any food and/or beverage service or catered events held by Tenant in the shared conference facilities. The Alexandria Landlord and the OAS Landlord have the right, in their sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, the OAS Amenities, or The Alexandria or One Alexandria Square caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d42(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Arcturus Therapeutics Ltd.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurants at The Alexandria or One Alexandria Square and the Campus Point Project shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Landlord, the OAS Landlord or the then-Campus Point Landlord, as applicable, or The Alexandria Landlord’s or Campus Point Landlord’s then designated operators of the applicable shared conference facilities event operator (in either caseeach, the an “Event Operator”). Tenant’s use of the shared conference facilities Shared Conference Facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event OperatorCampus Point Landlord, as applicable, of a fee equal to the The Alexandria Landlord’s or Campus Point Landlord’s, as applicable, quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, Shared Conference Facilities in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area Shared Conference Facilities shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord and Campus Point Landlord, as applicable, (or, if applicable, the applicable Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit nonprofit corporation (“Biocom”) has the right to reserve the shared conference facilities Alexandria Shared Conference Facilities and any reservable dining area(s) included within the The Alexandria Amenities for up to 50% of the time that such shared conference facilities The Alexandria Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Tenant shall be required to use the food service operator(s) operator designated by The Alexandria Landlord at The Alexandria or and the OAS food service operator designated by the Campus Point Landlord at One Alexandria Square the Campus Point Project (as applicable, the “Designated Food and Beverage Operator”) for any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. As of the date of this Lease, the Designated Food and Beverage Operator at The Alexandria is The Xxxxxx and the Seahorse and the Designated Food and Beverage Operator at the Campus Point Project is Stellar Bleu. The Alexandria Landlord and the OAS Campus Point Landlord have the right, in their sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS the Campus Point Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS the Campus Point Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, the OAS Regional Amenities, The Alexandria or One Alexandria Square the Campus Point Project caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d40(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Mirati Therapeutics, Inc.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square the Campus Project shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Landlord, the OAS Campus Landlord or the then-Campus Landlord’s then designated operators of the applicable shared conference facilities event operator (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities Shared Conference Facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, Operator of a fee equal to the Event Operator’s quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, Shared Conference Facilities in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area Shared Conference Area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord Event Operator (or, if applicable, Event OperatorCampus Landlord) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has the right to reserve the shared conference facilities and any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria for up to 4 days per calendar month. Tenant shall be required to use the food service operator(s) operator designated by The Alexandria Campus Landlord at The Alexandria or the OAS Landlord at One Alexandria Square Campus Project (as applicable, the “Designated Food and Beverage Operator”) for any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. The Alexandria Campus Landlord and the OAS Landlord have has the right, in their its sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Campus Landlord or OAS Landlord, as applicable, Landlord reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Campus Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs actually expended by The Alexandria Landlord, OAS Campus Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilities739123072.6 Net Multi-Tenant Laboratory 4224 Campus – Suite 210/Regulus - Page 32 Shared Conference Facilities, the Alexandria Campus Amenities, the OAS Amenities, The Alexandria or One Alexandria Square Campus Project caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d40(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Regulus Therapeutics Inc.)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurant at The Alexandria or One Alexandria Square the Torreyana Project shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Torreyana Landlord, the OAS . Torreyana Landlord or the then-designated operators of the applicable shared conference facilities (in either case, the “Event Operator”). Tenant’s use of the shared conference facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event Operator, as applicable, of a fee equal to the quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, in effect at the time of Tenant’s scheduling. Tenant’s use of the conference rooms in the shared conference area shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord (or, if applicable, Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Any vendors engaged by Tenant hereby acknowledges that (i) Biocom/San Diego, a California non-profit corporation (“Biocom”) has in connection with Tenant’s use of the Shared Conference Facilities shall be professional licensed vendors. Torreyana Landlord shall have the right to reserve the shared conference facilities and reasonably approve any reservable dining area(s) included within the Alexandria Amenities for up to 50% of the time that such shared conference facilities and reservable dining area(s) are available for use vendors utilized by Users each calendar month, and (ii) Illumina, Inc., a Delaware corporation, has the exclusive Tenant in connection with Tenant’s use of the main conference room within Shared Conference Facilities. Prior to any entry by any such vendor onto the shared conference facilities at The Alexandria for up Torreyana Project, Tenant shall deliver to 4 days per calendar monthLandlord a copy of the contract between Tenant and such vendor and certificates of insurance from such vendor evidencing industry standard commercial general liability, automotive liability, and workers’ compensation insurance. Tenant shall cause all such vendors utilized by Tenant to provide a certificate of insurance naming Landlord, ARE, and Torreyana Landlord as additional insureds under the vendor’s liability policies. Notwithstanding the foregoing, Tenant shall be required to use the food service operator(s) designated operator used by The Alexandria Torreyana Landlord at The Alexandria or the OAS Landlord at One Alexandria Square (as applicable, the “Designated Food and Beverage Operator”) Torreyana Project for any food and/or beverage service or catered events held by Tenant in the shared conference facilities. The Alexandria Landlord Shared Conference Facilities; provided, however, that amounts charged for goods and services by such food service operators or other vendors that Tenant is required to use shall not exceed the OAS Landlord have the right, in their sole amounts charged by unaffiliated third parties on a competitive basis for goods and absolute discretion, to change the Designated Food services of equal quality and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesamount. Tenant shall, at Tenant’s sole cost and expense, (i) be responsible for the set-up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) surrender the shared conference facilities Shared Conference Facilities after each time that Tenant uses the shared conference facilities Shared Conference Facilities free of Tenant’s personal property, in substantially the same set up and same condition as received, subject to casualty, and free of any debris and trash. If Tenant fails to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a “Shared Facilities Default.” Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty fee within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty fee payable by Tenant in connection with the first Shared Facilities Default shall be $200. The penalty fee payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty fee shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS Torreyana Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Torreyana Amenities, or the OAS Amenities, The Alexandria or One Alexandria Square Torreyana Project caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d6(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease (Senomyx Inc)

Shared Conference Facilities. Use by Tenant of any shared conference facilities and/or restaurant(s) the Shared Conference Facilities and restaurants at The Alexandria or One Alexandria Square and the Campus Point Project shall be in common with other Users with scheduling procedures reasonably determined by The Alexandria Landlord, the OAS Landlord or the then-Campus. Point Landlord, as applicable, or The Alexandria Landlord's or Campus Point Landlord's then designated operators of the applicable shared conference facilities event operator (in either caseeach, the “an "Event Operator"). Tenant’s Txxxxx's use of the shared conference facilities Shared Conference Facilities shall be subject to the payment by Tenant to The Alexandria Landlord, the OAS Landlord or the Event OperatorCampus Point Landlord, as applicable, of a fee equal to the The Alexandria Landlord's or Campus Point Landlord's, as applicable, quoted rates for the usage of the shared conference facilities at The Alexandria or One Alexandria Square, as applicable, Shared Conference Facilities in effect at the time of Tenant’s Txxxxx's scheduling. Tenant’s 's use of the conference rooms in the shared conference area shall Shared Conference Facilities •shall be subject to availability and The Alexandria Landlord and/or the OAS Landlord and Campus Point Landlord, as applicable, (or, if If applicable, the applicable Event Operator) reserve reserves the right to exercise its reasonable discretion in the event of conflicting scheduling requests among Users. Tenant hereby acknowledges that (i{I) Biocom/San Diego, a California non-profit corporation ("Biocom") has the right to reserve the shared conference facilities Alexandria Shared Conference Facilities and any reservable dining area(s) included within the The Alexandria Amenities for up to 50% of the time that such shared conference facilities The Alexandria Shared Conference Facilities and reservable dining area(s) are available for use by Users each calendar month, and (ii) Illuminalllumina, Inc., a Delaware corporation, has the exclusive use of the main conference room within the shared conference facilities at The Alexandria Shared Conference Facilities for up to 4 days per calendar month. Tenant shall be required to use the food service operator(s) operator designated by The Alexandria Landlord at The Alexandria or and the OAS food service operator designated by the Campus Point Landlord at One Alexandria Square the Campus Point Project (as applicable, the "Designated Food and Beverage Operator") for any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. As of the date of this Lease, the Designated Food and Beverage Operator at The Alexandria is The Farmer and the Seahorse and the Designated Food and Beverage Operator at the Campus Point Project is Stellar Bleu. The Alexandria Landlord and the OAS Campus Point Landlord have the right, in their sole and absolute discretion, to change the Designated Food and Beverage Operator at any time. Tenant may not use any vendors other than the Designated Food and Beverage Operator nor Net Multi-Tenant Laboratory 3033 Science Park/Singular - Page 26 may Tenant supply its own food and/or beverages in connection with any food and/or beverage service or catered events held by Tenant in the shared conference facilitiesShared Conference Facilities. Tenant shall, at Tenant’s 's sole cost and expense, (i) be responsible for the set-set up of the shared conference facilities Shared Conference Facilities in connection with Tenant’s 's use (including, without limitation ensuring that Tenant has a sufficient number of chairs and tables and the appropriate equipment), and (ii) } surrender the shared conference facilities Shared Conference Facilities after each time that Tenant Txxxxx uses the shared conference facilities Shared Conference Facilities free of Tenant’s 's personal property, in substantially the same set up and same condition as received, and free of any debris and trash. If Tenant fails falls to restore and surrender the shared conference facilities Shared Conference Facilities as required by sub-section (ii) of the immediately preceding sentence, such failure shall constitute a "Shared Facilities Default." Each time that Landlord, The Alexandria Landlord or OAS Landlord, as applicable, reasonably determines that Tenant Txxxxx has committed a Shared Facilities Default, Tenant shall be required to pay Landlord, The Alexandria Landlord or OAS Landlord, as applicable, a penalty within 5 business days after notice from Landlord, The Alexandria Landlord or OAS Landlord, as applicable, of such Shared Facilities Default. The penalty payable by Tenant Txxxxx in connection with the first Shared Facilities Default shall be $200. The penalty payable shall increase by $50 for each subsequent Shared Facilities Default (for the avoidance of doubt, the penalty shall be $250 for the second Shared Facilities Default, shall be $300 for the third Shared Facilities Default, etc.). In addition to the foregoing, Tenant shall be responsible for reimbursing The Alexandria Landlord, OAS the Campus Point Landlord or Landlord, as applicable, for all reasonable out-of-pocket costs expended by The Alexandria Landlord, OAS the Campus Point Landlord or Landlord, as applicable, in repairing any damage to the shared conference facilitiesShared Conference Facilities, the Alexandria Amenities, the OAS Regional Amenities, The Alexandria or One Alexandria Square the Campus Point Project caused by Tenant or any Tenant Related Party. The provisions of this Section 40(d40(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Singular Genomics Systems, Inc.)

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