Common use of Substitution of Vendors Clause in Contracts

Substitution of Vendors. Upon request from Tenant, Landlord shall review with Tenant the performance and cost of vendors and contract service providers for the Project and except for the property manager and the property management staff and engineers, Tenant shall have the right to require Landlord to substitute other vendors or contract service providers reasonably designated by Tenant provided that (i) Tenant then leases on a direct basis (i.e., not including any space leased by Tenant pursuant to a sublease) at least fifty percent (50%) of the space then constructed for lease at the Project, (ii) such substitution does not result in any increase in Operating Expenses during the Base Year, (iii) such substitution does not result in any invalidation or reduction in coverage of any warranties for the Project (unless Tenant agrees to be responsible for the costs which would have otherwise been covered by such warranties), and (iv) Landlord reasonably approves such substitute vendor or contract service provider. If a vendor or contract service provider is substituted pursuant to this Section 6.7 above and if the annual cost of such substitute vendor or contract service provider is less than the amount included in Operating Expenses during the Base Year for the same service, effective upon the date of such substitution, Operating Expenses for the Base Year shall be reduced by the amount of such difference.

Appears in 4 contracts

Samples: Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc)

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Substitution of Vendors. Upon request from Tenant, Landlord shall review with Tenant the performance and cost of vendors and contract service providers for the Project and except for the property manager and the property management staff and engineers, Tenant shall have the right to require Landlord to substitute other vendors or contract service providers reasonably designated by Tenant provided that (i) Tenant then leases on a direct basis (i.e., not including any space leased by Tenant pursuant to a sublease) at least fifty percent (50%) of the space then constructed for lease at the Project, (ii) such substitution does not result in any increase in Operating Expenses during the Base Year, (iii) such substitution does not result in any invalidation or reduction in coverage of any warranties for the Project (unless Tenant agrees to be responsible for the costs which would have otherwise been covered by such warranties), and (iv) Landlord reasonably approves such substitute vendor or contract service provider. If a vendor or contract service provider is substituted pursuant to this Section 6.7 above and if the annual cost of such substitute vendor or contract service provider is less than the amount PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] included in Operating Expenses during the Base Year for the same service, effective upon the date of such substitution, Operating Expenses for the Base Year shall be reduced by the amount of such difference.

Appears in 1 contract

Samples: Lease Option Agreement (Peregrine Systems Inc)

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