Common use of Substitution Space Clause in Contracts

Substitution Space. Upon at least sixty (60) days' prior written notice, Landlord may relocate Tenant within the Project (or to any other facility owned by Landlord within the vicinity of the Project) to space which is comparable in size, utility and condition to the Premises. If Landlord relocates Tenant, Landlord shall (a) 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, and (b) improve the relocation space with improvements substantially similar to those Landlord is committed to provide or has provided in the Premises under this Lease. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of this Lease shall remain in full force and shall apply to the relocation space; provided, however, that (i) if the rentable area of the relocation space is smaller than rentable area of the Premises, then Tenant shall be entitled (from and after the relocation date) to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Rent and Tenant's Proportionate Share shall not be modified in any way.

Appears in 3 contracts

Samples: Industrial Lease (Sitesmith Inc), Office Lease (Zapme Corp), Office Lease (E Comnetrix Inc)

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Substitution Space. Upon Landlord may, at least sixty (60) days' prior written noticeLandlord’s expense, Landlord may relocate Tenant within the Project (or to any other facility owned by Landlord within the vicinity of the Project) Building to space which is comparable at least substantially the same in size, utility and condition (including the initial Tenant’s Work constructed by Tenant pursuant to Exhibit C hereof) to the Premises but only on the 10th floor or above, all as reasonably acceptable to Tenant. Landlord shall deliver a written notice to Tenant stating the proposed relocation space, a floor plan of said space which evidences that its rentable square feet is not less than the rentable square feet in the Premises, a workletter describing the work to be performed by Landlord prior to delivery of the relocation space to Tenant, and the delivery date of the space to Tenant which in no event shall be earlier than ninety (90) days after the notice is delivered. If Landlord relocates Tenant, Landlord shall (a) reimburse Tenant for Tenant's ’s reasonable out-of-pocket expenses for moving Tenant's ’s furniture, equipment equipment, and supplies from the Premises to the relocation space and for reprinting Tenant's ’s stationery of the same quality and quantity as Tenant's ’s stationery supply on hand immediately before Landlord's ’s notice to Tenant of the exercise of this relocation right, right and (b) improve the relocation space all other reasonable out of pocket costs incurred by Tenant in connection with improvements substantially similar to those Landlord is committed to provide or has provided in the Premises under this Leasechanging its address. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of this Lease shall remain in full force and shall apply to the relocation spacespace and in no event shall Rent or Tenant’s Proportionate Share increase as a result thereof. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; provided, however, that if requested by Landlord or Tenant, the other shall execute an appropriate amendment document within ten (i10) if Business Days after the rentable area other’s written request therefor. Time is of the relocation space is smaller than rentable area of the Premises, then Tenant shall be entitled (from and after the relocation date) essence with respect to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Rent and Tenant's Proportionate Share shall not be modified in any way’s obligations under this Section.

Appears in 2 contracts

Samples: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)

Substitution Space. Upon Landlord may, at least sixty (60) days' prior written noticeLandlord's expense, Landlord may relocate Tenant within the Project (or to any other facility owned by Landlord within the vicinity of the Project) Building to space which is comparable in size, utility and condition to the Premises. If Landlord relocates Tenant, Landlord shall (a) reimburse Tenant for Tenant's reasonable out-of-pocket expenses for moving Tenant's furniture, equipment equipment, and supplies from the Premises to the relocation space and for reprinting Tenant's stationery of the same quality and quantity quantity, as Tenant's stationery supply on hand immediately before Landlord's notice to Tenant of the exercise of this relocation right, and (b) improve the relocation space with improvements substantially similar to those Landlord is committed to provide or has provided in the Premises under this Lease. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of this Lease shall remain in full force and shall apply to the relocation space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; provided, however, that if requested by Landlord, Tenant shall execute an appropriate amendment document within ten business 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 (i) or, if such relocation space is not available on the rentable area of date specified in Landlord's relocation notice, as soon thereafter as the relocation space becomes available and is smaller than rentable area tendered to Tenant in the condition required by this Lease), then, in addition to Landlord's other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least 60 days prior to the termination date contained in Landlord's termination notice. Time is of the Premises, then Tenant shall be entitled (from and after the relocation date) essence with respect to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Rent and Tenant's Proportionate Share shall not be modified in any wayobligations under this Section.

Appears in 2 contracts

Samples: Iv Lease (Biomira CORP), Security Agreement (Biomira Inc)

Substitution Space. Upon at least sixty (60) days' days prior written notice, Landlord may relocate Tenant within the Project (or to any other facility owned by Landlord within the vicinity of the Project) to space which is comparable in size, utility and condition to the Premises. If Landlord relocates Tenant, Landlord shall (a) 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, and (b) improve the relocation space with improvements substantially similar to those Landlord is committed to provide or has provided in the Premises under this Lease. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of this Lease shall remain in full force and shall apply to the relocation space; provided, however, that (ia) if the rentable area of the relocation space is smaller than rentable area of the Premises, then Tenant shall be entitled (from and after the relocation date) date to a reduction in Base Basic Annual Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (iib) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Basic Annual Rent and Tenant's Proportionate Share shall not be modified in any way.

Appears in 2 contracts

Samples: Office Lease (Interactive Telesis Inc), Office Lease (Star Telecommunications Inc)

Substitution Space. Upon at least sixty On one (601) days' occasion during the Term prior written noticeto the last year of the Term, Landlord may may, at Landlord’s expense, relocate Tenant within the Project (Building or to any other facility owned by Landlord within the vicinity of the Project) Complex, as applicable, to space which is comparable in size, utility and condition to the Premises. If Landlord relocates Tenant, Landlord shall (a) reimburse Tenant for pay Tenant's ’s reasonable out-of-pocket expenses for and relating to moving Tenant's ’s fixtures (including but not limited to telephone and data cabling), furniture, equipment equipment, and other personal property and supplies from the Premises to the relocation space and for reprinting Tenant's ’s stationery of the same quality and quantity as Tenant's ’s stationery supply on hand immediately before Landlord's ’s notice to Tenant of the exercise of this relocation right, and (b) improve shall, at Landlord’s sole expense, construct improvements in and to the relocation space with functionally equivalent to the improvements substantially similar to those Landlord is committed to provide or has provided in the original Premises, and reinstall all of Tenant’s fixtures (including but not limited to telephone and data cabling), furniture, equipment, and other personal property and supplies in the relocation space. Notwithstanding anything to the contrary contained in the Section 24, if, at the time of such relocation, the Premises under this Leaseare being used for clinical diagnostic laboratory use, the relocation space must be improved so as to meet the requirements promulgated by the College of American Pathologists and the Clinical Laboratory Improvements Amendment of 1988 as administered by the State of New Jersey and the regulations of the Department of Health of the State New York applicable to clinical diagnostic laboratories. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of this the Lease shall remain in full force and shall apply to the relocation space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; provided, however, that if requested by Landlord, Tenant shall execute an appropriate amendment document within ten (i10) Business 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 rentable area of time period stated in Landlord’s relocation notice to Tenant (or, if such relocation space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the relocation space becomes available and is smaller than rentable area tendered to Tenant in the condition required by this Lease), then Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to the termination date contained in Landlord’s termination notice. Time is of the Premises, then Tenant shall be entitled (from and after the relocation date) essence with respect to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Rent and Tenant's Proportionate Share shall not be modified in any way’s obligations under this Section.

Appears in 2 contracts

Samples: Office Lease Agreement (Interpace Biosciences, Inc.), Office Lease Agreement (Cancer Genetics, Inc)

Substitution Space. Upon Lessor shall have the right at any time during the ------------------ term of this Lease or renewal or extension hereof to require the Lessee to relocate to other space hereinafter referred to as "Substitution Space". The Substitution Space shall have approximately the same area as the leased Premises. If Lessor desires to exercise such right, it shall give Lessee at least sixty (60) days' days prior written noticenotification that Lessee is to relocate to another space. Within ten (10) days of receipt of Lessor's notification, Landlord may relocate Tenant within the Project (Lessee shall then give Lessor written notice of Lessee's election to agree to relocate, or to any other facility owned by Landlord decline to relocate. Should Lessee fail to give Lessor written notice within the vicinity ten (10) days of the Project) to space which is comparable in sizereceipt of Lessor's notification, utility and condition to the Premises. If Landlord relocates Tenant, Landlord shall (a) 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, and (b) improve the relocation space with improvements substantially similar to those Landlord is committed to provide or has provided in the Premises under this Lease. Upon such relocation, the relocation space then Lessee shall be deemed to be have elected to consent to relocation. If the Lessee declines to relocate and gives Lessor the required written notice, then within ten (10) days of receipt of the Lessee's election to decline, the Lessor may a) give the Lessee notice of the Lessor's election to terminate the Lease and require Lessee to vacate the Premises on the sixtieth (60th) day following the date of the Lessor's initial notice requiring the Lessee to relocate or b) elect to continue the Lease on the Premises in force in accordance with its terms. If Lessee elects to relocate to the Substitution Space, such relocation shall be at the sole cost of Lessor including all costs and expenses related to improving the terms space with leasehold improvements equal to those then in Lessee's Premise. After such relocation, all terms, covenants, conditions, provisions, and agreements of this Lease shall remain continue in full force and effect and shall apply to the relocation space; provided, however, Substitution Space except that (ia) if the rentable area then unexpired balance of the term of this Lease shall be less than one year, the term of this Lease shall be extended so that the unexpired balance of the term of this Lease shall be one year from the date of the move and (b) if the Substitution Space contains more square footage than the presently leased premises, the monthly rental shall be increased proportionately (provided that such monthly rental increase shall not be in excess of five percent (5%) of the monthly rental immediately preceding such an increase). If Lessee shall retain possession of the Premises or any part thereof following the date set for relocation space is smaller than rentable area or termination, Lessee shall be liable to Lessor, for each day of such retention, for double the amount of the daily rental for the last period prior to the date of such expiration or termination, plus actual damages incurred by Lessor resulting from delay by Lessee in surrendering the Premises, then Tenant shall be entitled (from and after the relocation date) to a reduction in Base Rent in proportion including without limitation any claims made against Lessor by any succeeding Lessee to the reduction Premises and Lessor's costs in the rentable area of taking any action to evict Lessee from the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Rent and Tenant's Proportionate Share shall not be modified in any way.

Appears in 1 contract

Samples: Sublease and Operating Agreement (Virtual Mortgage Network Inc)

Substitution Space. Upon Landlord may, at least sixty (60) days' prior written noticeLandlord’s expense, Landlord may relocate Tenant within the Project (or to any other facility owned by Landlord within the vicinity of the Project) to space which is comparable in size, utility and condition to the Premises. If Landlord relocates Tenant, Landlord shall (a) reimburse Tenant for Tenant's ’s reasonable out-of-pocket expenses for moving Tenant's ’s furniture, equipment equipment, and supplies from the Premises to the relocation space and for reprinting Tenant's ’s stationery of the same quality and quantity as Tenant's ’s stationery supply on hand immediately before Landlord's ’s notice to Tenant of the exercise of this relocation right. Landlord shall use commercially reasonable efforts to minimize the disruption to Tenant’s business operations as a result of such relocation, and (b) improve Landlord shall coordinate and manage the relocation space logistical efforts involved with improvements substantially similar to those Landlord is committed to provide or has provided in the Premises under this Leasesuch relocation. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of this Lease shall remain in full force and shall apply to the relocation space; provided. Notwithstanding the foregoing, however, that (i) if the rentable area of the relocation space is smaller than rentable area of the Premises, then Tenant shall Basic Rent will be entitled (from and after adjusted to reflect the relocation date) to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) same; if the rentable area of the relocation space is larger than the rentable area Premises, Basic Rent will not be adjusted to reflect the larger size of the Premisesrelocation space and Tenant will continue to pay monthly Basic Rent in the amounts set forth in this Lease for the remainder of the then-current Term. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; however, then if requested by Landlord, Tenant shall execute an appropriate amendment document within ten business days after Landlord’s written request therefor. If Tenant fails to (a) execute such relocation amendment within such time period or (b) relocate to the Base Rent relocation space within three business days following the date stated in Landlord’s relocation notice to Tenant (or, if such relocation space is not available on the date specified in Landlord’s relocation notice, within three business days following the date on which such relocation space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof, which notice shall contain a termination effective date selected by Landlord no less than five business days following the date of Landlord’s termination notice to Tenant's Proportionate Share shall not be modified in any way. Time is of the essence with respect to Tenant’s obligations under this Section.

Appears in 1 contract

Samples: Lease Agreement (Mimecast LTD)

Substitution Space. Upon at least sixty (60) days' prior written notice, Landlord may relocate Tenant within the Project (or to any other facility owned by Landlord within the vicinity of the Project) to space which is comparable in size, utility and condition to the Premises. If Landlord relocates Tenant, Landlord shall (a) 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, and (b) improve the relocation space with improvements substantially similar to those Landlord is committed to provide or has provided in the Premises under this Lease. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of this Lease shall remain in full force and shall apply to the relocation space; provided, however, that (i) if the rentable area of the relocation space is smaller than rentable area of the Premises, then Tenant shall be entitled (from and after the relocation date) to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Rent and Tenant's Proportionate Share shall not be modified in any way.

Appears in 1 contract

Samples: Office Lease (Avi Biopharma Inc)

Substitution Space. Upon Landlord may, at least sixty (60) days' prior written noticeLandlord’s expense, Landlord may relocate Tenant within the Project (or to any other facility owned by Landlord within the vicinity of the Project) Building to space which is comparable in size, utility and condition to the Premises. If Landlord relocates Tenant, Landlord shall (a) reimburse Tenant for Tenant's ’s reasonable out-of-pocket expenses for moving Tenant's ’s furniture, equipment equipment, and supplies from the Premises to the relocation space and for reprinting Tenant's ’s stationery of the same quality and quantity as Tenant's ’s stationery supply on hand immediately before Landlord's ’s notice to Tenant of the exercise of this relocation right, and (b) improve the relocation space with improvements substantially similar to those Landlord is committed to provide or has provided in the Premises under this Lease. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of this Lease shall remain in full force and shall apply to the relocation space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; provided, however, that if requested by Landlord, Tenant shall execute an appropriate amendment document within fifteen (i15) business 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 rentable area of time period stated in Landlord’s relocation notice to Tenant (or, if such relocation space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the relocation space becomes available and is smaller than rentable area tendered to Tenant in the condition required by this Lease), then Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to the termination date contained in Landlord’s termination notice and Tenant shall have no further obligations under this Lease. Time is of the Premises, then Tenant shall be entitled (from and after the relocation date) essence with respect to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Rent and Tenant's Proportionate Share shall not be modified in any way’s obligations under this Section.

Appears in 1 contract

Samples: Lease Agreement (Cleanspark, Inc.)

Substitution Space. Upon at least sixty (60) days' prior written noticeAt any time following the Lease Date, Landlord may may, at Landlord’s expense, relocate Tenant within the Project or any related complex (or to any other facility owned by Landlord within including, without limitation, the vicinity of the Projectbuilding located at 0000 X. Xxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxxxxxx, commonly known as 4110 Old Town) to space which is comparable in size, utility and condition to the Premises. If Landlord relocates TenantTenant after Tenant has occupied the Premises, Landlord shall (a) reimburse Tenant for Tenant's ’s reasonable out-of-pocket expenses for moving Tenant's ’s furniture, equipment equipment, and supplies from the Premises to the relocation space and for reprinting Tenant's ’s stationery of the same quality and quantity as Tenant's ’s stationery supply on hand immediately before Landlord's ’s notice to Tenant of the exercise of this relocation right, and (b) improve the relocation space with improvements substantially similar to those Landlord is committed to provide or has provided in the Premises under this Lease. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of this Lease shall remain in full force and shall apply to the relocation space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; provided, however, that if requested by Landlord, Tenant shall execute an appropriate amendment document within ten business days after Xxxxxxxx’s written request therefor. If Tenant fails to (ia) if the rentable area of execute such relocation amendment within such time period or (b) relocate to the relocation space is smaller than rentable area of within three business days following the Premisesdate stated in Landlord’s relocation notice to Tenant (or, then Tenant shall be entitled (from and after the relocation date) to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the such relocation space is larger not available on the date specified in Landlord’s relocation notice, within three business days following the date on which such relocation space becomes available and is tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof, which notice shall contain a termination effective date selected by Landlord no less than five business days following the rentable area date of Landlord’s termination notice to Tenant. Time is of the Premises, then the Base Rent and essence with respect to Tenant's Proportionate Share shall not be modified in any way’s obligations under this Section.

Appears in 1 contract

Samples: Lease Agreement (Signing Day Sports, Inc.)

Substitution Space. Upon at least sixty (60) days' prior written notice, Landlord may relocate Tenant within the Project (or to any other facility owned by Landlord within the vicinity of the Project) to space which is comparable in size, utility and condition to the Premises. If Landlord relocates Tenant, Landlord shall (a) 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, and (b) improve the relocation space with Short Form Office - Net Lease (CA) -7- Version 10.1 improvements substantially similar to those Landlord is committed to provide or has provided in the Premises under this Lease. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of this Lease shall remain in full force and shall apply to the relocation space; provided, however, that (i) if the rentable area of the relocation space is smaller than rentable area of the Premises, then Tenant shall be entitled (from and after the relocation date) to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Rent and Tenant's Proportionate Share shall not be modified in any way.

Appears in 1 contract

Samples: Office Lease (Account4 Com Inc)

Substitution Space. Upon Landlord may, at least sixty (60) days' prior written noticeLandlord's expense, Landlord may relocate Tenant within the Project (or to any other facility owned by Landlord within the vicinity of the Project) Building to space which is comparable in size, utility and condition to the Premises. If Landlord relocates Tenant, Landlord shall (a) reimburse Tenant for Tenant's reasonable out-of-pocket expenses for moving Tenant's furniture, equipment 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, and (b) improve the relocation space with improvements substantially similar to those Landlord is committed to provide or has provided in the Premises under this Lease. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of this the Lease shall remain in full force and shall apply to the relocation space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; provided, however, that if requested by Landlord, Tenant shall execute an appropriate amendment document within ten business 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 (i) or, if such relocation space is not available on the rentable area of date specified in Landlord's relocation notice, as soon thereafter as the relocation space becomes available and is smaller than rentable area tendered to Tenant in the condition required by this Lease), then, in addition to Landlord's other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least 60 days prior to the termination date contained in Landlord's termination notice. Time is of the Premises, then Tenant shall be entitled (from and after the relocation date) essence with respect to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Rent and Tenant's Proportionate Share shall not be modified in any wayobligations under this Section.

Appears in 1 contract

Samples: Lease Agreement (Cardionet Inc)

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Substitution Space. Upon Landlord may, at least sixty (60) days' prior written noticeLandlord’s expense, Landlord may relocate Tenant within the Project (or to any other facility owned by Landlord within the vicinity of the Project) to space which that is comparable in size, utility and condition to the Premises. Such comparable space shall also have exterior views that are reasonably comparable to those of the Premises, and Landlord shall at Landlord’s sole cost and expense, cause the comparable space to be improved with tenant improvements at least equal in quality to those in the Premises. If Landlord relocates Tenant, Landlord shall (a) reimburse Tenant for Tenant's ’s reasonable out-of-pocket expenses for moving Tenant's ’s furniture, equipment equipment, and supplies from the Premises to the relocation space and for reprinting Tenant's ’s stationery of the same quality and quantity as Tenant's ’s stationery supply on hand immediately before Landlord's ’s notice to Tenant of the exercise of this relocation right, as well as commercially reasonable costs actually paid by Tenant to third parties for making changes to Tenant’s address on its online presence, including without limitation its website, online portals, and social media profiles. Landlord shall give Tenant not less than six (b6) improve month’s prior written notice of any such relocation. In the event of such a relocation, if the comparable space contains less rentable square footage than the then-existing Premises, Tenant’s rental obligations with respect to the comparable space shall be proportionately reduced to reflect such smaller rentable square footage (including, without limitation, an appropriate reduction of the Tenant’s Proportionate Share). In no event shall Tenant’s Rent be increased unless Tenant has requested a space larger than the Premises at the time of notice of relocation space or unless Tenant has then currently been in negotiations with improvements substantially similar to those Landlord is committed to provide or has provided for expansion space. In addition, in the event that as of the date of Landlord’s notice of such relocation to Tenant, or as of the date of the proposed relocation of the Premises, the Premises comprises seventy-five percent (75%) or more of the rentable square footage of the Building, then Landlord shall no right under the terms of this LeaseSection 23 to relocate the Premises. Upon such relocation, the relocation space shall be deemed to be the Premises Premises, and the terms of this Lease shall remain in full force and shall apply to the relocation space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section 23; provided, however, that if requested by Landlord, Tenant shall execute an appropriate amendment document within fifteen (i15) 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 rentable area of time period stated in Landlord’s relocation notice to Tenant (or, if such relocation space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the relocation space becomes available and is smaller than rentable area tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant thereof at least sixty (60) days prior to the termination date contained in Landlord’s termination notice. Time is of the Premises, then Tenant shall be entitled (from and after the relocation date) essence with respect to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Rent and Tenant's Proportionate Share shall not be modified in any way’s obligations under this Section 23.

Appears in 1 contract

Samples: Lease Agreement (Glu Mobile Inc)

Substitution Space. Upon Landlord may, at least sixty (60) days' prior written noticeLandlord’s expense, Landlord may relocate Tenant within the Project (Building or to any other facility owned by Landlord within the vicinity of the Project) , as applicable, to space which is comparable in size, utility and condition to the Premises. If Landlord relocates Tenant, Landlord shall (a) reimburse Tenant for Tenant's ’s reasonable out-of-pocket expenses for moving Tenant's ’s furniture, equipment equipment, and supplies from the Premises to the relocation space and for reprinting Tenant's ’s stationery of the same quality and quantity as Tenant's ’s stationery supply on hand immediately before Landlord's ’s notice to Tenant of the exercise of this relocation right, and (b) improve the relocation space with improvements substantially similar to those Landlord is committed to provide or has provided in the Premises under this Lease. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of this the Lease shall remain in full force and shall apply to the relocation space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; provided, however, that if requested by Landlord, Tenant shall execute an appropriate amendment document within ten (i10) Business 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 rentable area of time period stated in Landlord’s relocation notice to Tenant (or, if such relocation space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the relocation space becomes available and is smaller than rentable area tendered to Tenant in the condition required by this Lease), then Landlord may terminate this Lease by notifying Tenant in writing thereof at least sixty (60) days prior to the termination date contained in Landlord’s termination notice. Time is of the Premises, then Tenant shall be entitled (from and after the relocation date) essence with respect to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Rent and Tenant's Proportionate Share shall not be modified in any way’s obligations under this Section.

Appears in 1 contract

Samples: Office Lease Agreement

Substitution Space. Upon Landlord may, at least sixty (60) days' prior written noticeLandlord’s expense, Landlord may relocate Tenant within the Project (or to any other facility owned by Landlord within the vicinity of the Project) Building to space which that is comparable in size, utility and condition (including finishes reasonably approved by Tenant) to the PremisesPremises with at least ninety (90) days prior written notice. If Landlord relocates Tenant, Landlord shall (a) reimburse Tenant for Tenant's ’s reasonable out-of-pocket expenses for moving Tenant's ’s furniture, equipment equipment, cabling, servers, and supplies from the Premises to the relocation space and for reprinting Tenant's ’s stationery of the same quality and quantity as Tenant's ’s stationery supply on hand immediately before Landlord's ’s notice to Tenant of the exercise of this relocation right, and (b) improve the relocation space with improvements substantially similar to those Landlord is committed to provide or has provided in the Premises under this Lease. Upon such relocation, the relocation space shall be deemed to be the Premises Premises, and the terms of this Lease shall remain in full force and shall apply to the relocation space with the exception that the relocation space’s total Rent shall not be in excess of that of the original Premises. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section 23; provided, however, that if requested by Landlord, Tenant shall execute an appropriate amendment document within fifteen (i15) business 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 rentable area of time period stated in Landlord’s relocation notice to Tenant (or, if such relocation space is not available on the date specified in Landlord’s relocation notice, as soon thereafter as the relocation space becomes available and is smaller than rentable area tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant thereof at least ninety (90) days prior to the termination date contained in Landlord’s termination notice. Time is of the Premises, then Tenant shall be entitled (from and after the relocation date) essence with respect to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Rent and Tenant's Proportionate Share shall not be modified in any way’s obligations under this Section 23.

Appears in 1 contract

Samples: Lease Agreement (Hipcricket, Inc.)

Substitution Space. Upon Landlord may, at least sixty (60) days' prior written noticeLandlord’s expense, Landlord may relocate Tenant within the Project (or to any other facility owned by Landlord within the vicinity of the Project) Complex to space which is comparable in size, utility and condition to the Premises. If Landlord relocates Tenant, Landlord shall (a) reimburse Tenant for Tenant's ’s reasonable out-of-pocket expenses for moving Tenant's ’s furniture, equipment equipment, and supplies from the Premises to the relocation space and for reprinting Tenant's ’s stationery of the same quality and quantity as Tenant's ’s stationery supply on hand immediately before Landlord's ’s notice to Tenant of the exercise of this relocation right, and (b) improve the relocation space with improvements substantially similar to those Landlord is committed to provide or has provided in the Premises under this Lease. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of this Lease shall remain in full force and shall apply to the relocation space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; provided, however, that if requested by Landlord, Tenant shall execute an appropriate amendment document within ten business 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 (i) or, if such relocation space is not available on the rentable area of date specified in Landlord’s relocation notice, as soon thereafter as the relocation space becomes available and is smaller than rentable area tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least 60 days prior to the termination date contained in Landlord’s termination notice. Time is of the Premises, then Tenant shall be entitled (from and after the relocation date) essence with respect to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Rent and Tenant's Proportionate Share shall not be modified in any way’s obligations under this Section.

Appears in 1 contract

Samples: Lease Agreement (Energytec Inc)

Substitution Space. Upon Landlord may, at least sixty (60) days' prior written noticeLandlord's expense, Landlord may relocate Tenant within the Project (or to any other facility owned by Landlord within the vicinity of the Project) to space which is comparable in size, utility and condition to the Premises. If Landlord relocates Tenant, Landlord shall (a) reimburse Tenant for Tenant's reasonable out-of-pocket expenses for moving Tenant's furniture, equipment 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, and (b) improve the relocation space with improvements substantially similar to those Landlord is committed to provide or has provided in the Premises under this Lease. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of this Lease shall remain in full force and shall apply to the relocation space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; provided, however, that if requested by Landlord, Tenant shall execute an appropriate amendment document within ten business 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 (i) or, if such relocation space is not available on the rentable area of date specified in Landlord's relocation notice, as soon thereafter as the relocation space becomes available and is smaller than rentable area tendered to Tenant in the condition required by this Lease), then, in addition to Landlord's other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least 60 days prior to the termination date contained in Landlord's termination notice. Time is of the Premises, then Tenant shall be entitled (from and after the relocation date) essence with respect to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Rent and Tenant's Proportionate Share shall not be modified in any wayobligations under this Section.

Appears in 1 contract

Samples: Lease Agreement (Red Mountain Resources, Inc.)

Substitution Space. Upon Landlord may, at least sixty (60) days' prior written noticeLandlord’s expense, Landlord may relocate Tenant within the Project (Building space on the eighth floor or to any other facility owned by Landlord within the vicinity of the Project) to space a higher floor which is comparable in location within the Building (excluding the floor on which the Premises is located), size, utility and condition to the Premises. If Landlord relocates Tenant, Landlord shall (a) reimburse Tenant for Tenant's ’s reasonable out-of-pocket pocked expenses for moving Tenant's ’s furniture, equipment equipment, and supplies from the Premises to the relocation relocations space and for reprinting Tenant's ’s stationery of the same quality and quantity as Tenant's ’s stationery supply on hand immediately before Landlord's ’s notice to Tenant of the exercise of this relocation right, right and (b) improve shall xxxxx Basic Rent payable to Landlord pursuant to this Lease for the relocation space with improvements substantially similar to those Landlord is committed to provide or has provided in first 60 days after the Premises under this Leasedate of such relocation. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of this Lease shall remain in full force and shall apply to the relocation space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; provided, however, that if requested by Landlord, Tenant shall execute an appropriate amendment document within ten business days after Landlord’s written request therefore. 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 (i) or, if such relocation space is not available on the rentable area of date specified in Landlord’s relocation notice, as soon thereafter as the relocation space becomes available and is smaller than rentable area tendered to Tenant in the condition required by this Lease), then, in addition to Landlord’s other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least 60 days prior to the termination date contained in Landlord’s termination notice. Time is of the Premises, then Tenant shall be entitled (from and after the relocation date) essence with respect to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Rent and Tenant's Proportionate Share shall not be modified in any way’s obligations under this Section.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Substitution Space. Upon Landlord may, at least sixty (60) days' prior written noticeLandlord's expense, Landlord may relocate Tenant within the Project (Building or to any other facility owned by Landlord within the vicinity of the Project) Complex to space which is comparable in size, utility and condition to the Premises. If Landlord relocates Tenant, Landlord shall (a) reimburse Tenant for Tenant's reasonable out-of-pocket expenses for moving Tenant's furniture, equipment 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, and (b) improve the relocation space with improvements substantially similar to those Landlord is committed to provide or has provided in the Premises under this Lease. Upon such relocation, the relocation space shall be deemed to be the Premises and the terms of this Lease shall remain in full force and shall apply to the relocation space. No amendment or other instrument shall be necessary to effectuate the relocation contemplated by this Section; provided, however, that if requested by Landlord, Tenant shall execute an appropriate amendment document within ten business 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 (i) or, if such relocation space is not available on the rentable area of date specified in Landlord's relocation notice, as soon thereafter as the relocation space becomes available and is smaller than rentable area tendered to Tenant in the condition required by this Lease), then, in addition to Landlord's other remedies set forth in this Lease, at law and/or in equity, Landlord may terminate this Lease by notifying Tenant in writing thereof at least 60 days prior to the termination date contained in Landlord's termination notice. Time is of the Premises, then Tenant shall be entitled (from and after the relocation date) essence with respect to a reduction in Base Rent in proportion to the reduction in the rentable area of the Premises, with a corresponding reduction in Tenant's Proportionate Share and (ii) if the rentable area of the relocation space is larger than the rentable area of the Premises, then the Base Rent and Tenant's Proportionate Share shall not be modified in any wayobligations under this Section.

Appears in 1 contract

Samples: Lease Agreement (Cirtran Corp)

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