Common use of SUBSTITUTION OF SPACE Clause in Contracts

SUBSTITUTION OF SPACE. Landlord may, at Landlord’s expense, upon not less than ninety (90) days’ notice to Tenant, relocate Tenant within the Building to space which is comparable in size, condition, improvements, layout and access to the Premises. If Landlord relocates Tenant, Landlord shall reimburse Tenant for Tenant’s reasonable out of pocket expenses for moving Tenant’s furniture, equipment, and supplies from the Premises to the relocation space and for reprinting Tenant’s stationery of the same quality and quantity as Tenant’s stationery supply on hand immediately before Landlord’s notice to Tenant of the exercise of this relocation right. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of the Lease shall remain in full force and shall apply to the relocation space, it being agreed that if the size of the new premises is larger than the size of the original Premises, Tenant’s Base Rent shall not be adjusted; however, if the size of the new premises is smaller than the size of the original Premises, Tenant’s Base Rent shall be decreased. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute an appropriate amendment document within ten (10) days after Landlord’s written request therefor. If Tenant fails to execute such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant, then Landlord may terminate this Lease by notifying Tenant in writing thereof at least thirty (30) days prior to the termination date contained in Landlord’s termination notice. Time is of the essence with respect to Tenant’s obligations under this Section.

Appears in 2 contracts

Samples: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)

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SUBSTITUTION OF SPACE. Landlord may, LESSOR expressly reserves the right at Landlord’s LESSOR'S sole cost and expense, upon not less than ninety (90) days’ notice to Tenant, remove LESSEE from the Leased Premises and to relocate Tenant LESSEE in some other space of LESSOR'S choosing of approximately the same dimensions and size within the Building to space Buildings, which is comparable in size, condition, improvements, layout and access to the Premises. If Landlord relocates Tenant, Landlord shall reimburse Tenant for Tenant’s reasonable out of pocket expenses for moving Tenant’s furniture, equipment, and supplies from the Premises to the relocation space and for reprinting Tenant’s stationery of the same quality and quantity as Tenant’s stationery supply on hand immediately before Landlord’s notice to Tenant of the exercise of this relocation right. Upon such relocation, the relocation other space shall be deemed decorated by LESSOR at LESSOR'S expense. LESSOR shall have the right, in LESSOR'S sole discretion, to use such decorations and materials from the existing Premises, or other materials, so that the space in which LESSEE is relocated shall be comparable to its interior design and decoration to the Premises from which LESSEE is removed; provided, however, that if LESSOR exercises its election to remove and relocate LESSEE in other space within said Building, which is at that time leasing for a higher rate of Base Rental, then LESSEE shall not be required to pay the difference between the Base Rental of the Premises and the terms higher Base Rental of the Lease space in which LESSEE is relocated. Nothing herein contained shall remain in full force and be construed to relieve LESSEE, or imply that LESSEE is relieved, of the liability for or obligation to pay any additional rent due by reason of the provisions of Section 5 of this Lease, the provisions of which Section shall apply be applied to the relocation space, it being agreed space in which LESSEE is relocated on the same basis as said provisions were applied to the Premises from which LESSEE is removed. LESSEE agrees that if the size LESSOR'S exercise of the new premises is larger than the size of the original Premises, Tenant’s Base Rent its election to remove and relocate LESSEE shall not be adjusted; however, if the size of the new premises is smaller than the size of the original Premises, Tenant’s Base Rent shall be decreased. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute an appropriate amendment document within ten (10) days after Landlord’s written request therefor. If Tenant fails to execute such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant, then Landlord may terminate this Lease by notifying Tenant or release LESSEE, in writing thereof at least thirty (30) days prior whole or in part, from LESSEE'S obligation to pay the termination date contained in Landlord’s termination notice. Time is rents and perform the covenants and agreements hereunder for the full Term of the essence with respect to Tenant’s obligations under this SectionLease.

Appears in 2 contracts

Samples: Standard Office Building Lease (Newsmax Media Inc), Standard Office Building Lease (Newsmax Media Inc)

SUBSTITUTION OF SPACE. Landlord may, at LandlordXxxxxxxx’s expense, upon not less than ninety (90) days’ notice to Tenant, relocate Tenant within the Building to space which is comparable in size, condition, improvements, layout and access to the Premises. If Landlord relocates Tenant, Landlord shall reimburse Tenant for Tenant’s reasonable out of pocket expenses for moving Tenant’s furniture, equipment, and supplies from the Premises to the relocation space and for reprinting Tenant’s stationery of the same quality and quantity as Tenant’s stationery supply on hand immediately before Landlord’s notice to Tenant of the exercise of this relocation right. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of the Lease shall remain in full force and shall apply to the relocation space, it being agreed that if the size of the new premises is larger than the size of the original Premises, Tenant’s Base Rent shall not be adjusted; however, if the size of the new premises is smaller than the size of the original Premises, Tenant’s Base Rent shall be decreased. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant shall execute an appropriate amendment document within ten (10) days after LandlordXxxxxxxx’s written request therefor. If Tenant Xxxxxx fails to execute such relocation amendment within such time period, or if Tenant fails to relocate within the time period stated in Landlord’s relocation notice to Tenant, then Landlord may terminate this Lease by notifying Tenant in writing thereof at least thirty (30) days prior to the termination date contained in Landlord’s termination notice. Time is of the essence with respect to Tenant’s obligations under this Section.

Appears in 1 contract

Samples: Lease Termination Agreement (Spruce Biosciences, Inc.)

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SUBSTITUTION OF SPACE. (a) Landlord may, at Landlord’s expense, reserves the right upon not less than ninety one hundred twenty (90120) days’ days written notice to TenantTenant to substitute other premises (the “Substituted Premises”) for the Premises, solely for the purpose to relocate Tenant within for a transaction that is equal to or greater than 100,000 rentable square feet. (b) The Substituted Premises shall consist of any other comparable space in the Building to space which or at 0000 Xxxxxx Xxxxx Xxxxxxx, Xxxxxxxx, provided that the Substituted Premises is comparable substantially similar in size, condition, improvements, layout and access size to the Premises. If Landlord relocates Tenant, Landlord shall reimburse is located on the 3rd floor or higher of the building, and the Tenant for can accommodate Tenant’s reasonable out intended use and headcount, with a similar number of pocket expenses private offices and other rooms. The monthly Base Rent for moving Tenant’s furniture, equipment, and supplies from the Substituted Premises to shall be at the relocation space and for reprinting Tenant’s stationery per rentable square foot rental rate set forth in Section 1 times the rentable area of the same quality and quantity Substituted Premises, but in no event will the monthly Base Rent exceed $37,911, as Tenant’s stationery supply on hand immediately before Landlord’s notice to Tenant of escalated through the exercise term. All other provisions of this relocation right. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of the Lease shall remain in full force and effect with respect to the Substituted Premises. (c) Landlord shall apply pay all costs and expenses of Tenant incidental to the relocation space, it being agreed that if the size of the new premises is larger than the size of the original Tenant to such Substituted Premises, including but not limited to, the moving expenses and all reasonable costs associated with reinstallation of Tenant’s Base Rent furniture, telephones, computers and related IT equipment/infrastructure, and security equipment/infrastructure; provided, however, that Tenant shall not be adjusted; however, if the size entitled to any compensation for damages for any interference with or interruption of the new premises is smaller than the size its business during or resulting from such relocation. There shall be no abatement of the original Premises, rent payable hereunder or on account of Tenant’s Base Rent shall be decreased. No amendment relocation or other instrument shall be necessary any recovery for inconvenience or business loss caused to effectuate the relocation contemplated by this Section; however, if requested by Landlord, Tenant thereby. (d) Tenant shall execute an appropriate amendment document within ten (10) days after Landlord’s written request therefor. If Tenant fails have the right to execute such relocation amendment within such time period, or if Tenant fails refuse to relocate within to the time period stated in Landlord’s relocation Substituted Premises meeting the foregoing requirements by providing written notice to Tenant, then Landlord may terminate this Lease by notifying Tenant in writing thereof at least within thirty (30) days prior to the termination date contained in of receiving Landlord’s termination notice. Time is notice to substitute the Premises; in such event, Landlord shall have the right to terminate this Lease upon written notice to Tenant, and the new Lease expiration date shall the later of i) that date that the relocation out of the essence with respect current Premises was to be completed under Landlord’s original notice to Tenant, or ii) one hundred and twenty (120) days from Landlord’s obligations under this Sectionnotice to terminate the Lease.

Appears in 1 contract

Samples: Office Lease (Aimmune Therapeutics, Inc.)

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