Suite 400 Sample Clauses

Suite 400. The term “Suite 400” is hereby defined to be and to mean that certain space located on the fourth (4th) floor of the Building commonly referred to as Suite 400, consisting of approximately 11,214 rentable square feet of space (which square footage is the final agreement of the parties as-to the total square footage of Suite 400, and not subject to adjustment), as outlined on Exhibit A attached hereto and incorporated herein by this reference. Accordingly, effective as of the Suite 400 Commencement Date (as hereinafter defined), the Premises, as expanded, shall be deemed to consist of a collective total of approximately 53,452 rentable square feet of space.

Suite 400. As of the Effective Date, Landlord leases to Tenant and Tenant leases from Landlord Suite 400 in accordance with this Eleventh Amendment. (a) Landlord will deliver Suite 400 to Tenant on or before the Scheduled Delivery Date in the condition required pursuant to a Exhibit C of the Ninth Amendment. Tenant acknowledges and agrees that the Scheduled Delivery Date for Suite 400 may be delayed if the existing tenant fails to timely vacate. Landlord shall use commercially reasonable efforts to cause the existing tenant to vacate Suite 400 on a timely basis. In the event the existing tenant fails to vacate as of the Scheduled Delivery Date, Landlord will credit the Tenant all rent received in excess of Base Rent and Additional Rent under such existing tenant's lease as a result of any holdover. The actual Delivery Date for Suite 400 will be determined pursuant to Exhibit C to the Ninth Amendment and confirmed as required herein. From and after the Delivery Date for Suite 400, all references in the Lease to the term "Premises" shall include Suite 400. (b) The Base Rent for Suite 400 is set forth an Schedule 2 herein. Rent will commence for Suite 400 on the later of May l, 2008 or 90 days after the Actual Delivery Date for Suite 400. (c) Tenant will have the opportunity to inspect Suite 400 after the existing tenant vacates the space and has removed any personal proper1y. Tenant agrees to accept Suite 400 in its current "as-is" condition subject to Landlord's obligation to provide the tenant finish allowance described in the next sentence. The tenant finish allowance for Suite 400 will be $40,00 per square foot

Suite 400. Starting on January 1, 2004 and ending on April 30,2004 (or, if applicable, on the last day of the Suite 400 Extension Period), the Monthly Base Rent for Suite 400 payable by Tenant to Landlord, as adjusted pursuant to Section 1.07 above, shall be increased by (a) Tenant’s Percentage Share (Suite 400) of the total dollar increase, if any, in Property Taxes for such year over Property Taxes for the Suite 400 Base Year; and (b) Tenant’s Percentage Share (Suite 400) of the total dollar increase, if any, in Operating Expenses paid or incurred by Landlord during such year over Operating Expenses paid or incurred by Landlord during the Suite 400 Base Year. A decrease in Property Taxes or Operating Expenses below the Suite 400 Base Year amounts shall not decrease the amount of the Monthly Base Rent due hereunder or give rise to a credit in favor of Tenant.

Suite 400. From the Give Back Date through the Suite 400 Extension Commencement Date, Tenant shall continue to pay to Landlord monthly installments of Base -6- Rent for Suite 400 in accordance with the terms of the Lease (for the convenience of the parties, such amounts are set forth below). Commencing on the Suite 400 Commencement Date and continuing through the Extended Expiration Date, Tenant shall pay to Landlord monthly installments of Base Rent for the Suite 400 in accordance with the terms and conditions of the Lease, as set forth in the Base Rent chart below. -7-

Suite 400. Effective as of the Suite 400 Extension Commencement Date, the “Base Year” applicable to Suite 400 shall be amended to be calendar year 2028.

Suite 400. Landlord will deliver possession of Suite 400 to Tenant within one (1) business day following Tenaxx'x xritten request therefor (the "FOURTH FLOOR DELIVERY DATE"). Tenant will construct the Tenant Improvements within Suite 400 in accordance with the provisions of Exhibit "C", except that (i) all references in Exhibit "C" to the Premises shall refer to Suite 400, (ii) the Tenant Improvement Allowance will be in the amount up to, but not exceeding, Thirty-Two Dollars ($32.00) per usable square foot of Suite 400 (for purposes of calculating the Tenant Improvement Allowance, the usable square footage of Suite 400 shall be 19,705 (which excludes the restrooms, electrical rooms, tele/com equipment rooms [but not Tenant's network operating center] and the curtain wall in Suite 400), (iii) the time period for Landlord's review of the Final Space Plan for Suite 400 shall be two (2) business days following Landlord's receipt thereof and (iv) the Commencement Date for Suite 400 (the "FOURTH FLOOR COMMENCEMENT DATE") shall be the earlier to occur of: (a) the date that is nine (9) months following the Commencement Date (which nine (9) month period may only be extended by reason of a Landlord Caused Delay and not by reason of a Permit Delay or an Unavoidable Delay); or (b) Substantial Completion of the Tenant Improvements for Suite 400. The Fourth Floor Commencement Date will not be extended due to any delay in Tenant's request for delivery of Suite 400. Following the determination of the Fourth Floor Commencement Date, and at the request of either party, the parties shall enter into an amendment to this Lease acknowledging the Fourth Floor Commencement Date and establishing a schedule for Monthly Basic Rent that combines the Monthly Basic Rent for the initial Premises and Suite 400.

Suite 400. (a) The Term for Suite 400 commences on the date (“Suite 400 Commencement Date”) that is the earliest of: (i) the date on which Tenant first conducts any business in all or any portion of Suite 400; (ii) Substantial Completion of the Leasehold Improvements in Suite 400; or (ii) the Suite 400 Rent Commencement Date, and ends on the Expiration Date. The “Suite 400 Rent Commencement Date” means June 1, 2020; provided, however, the Suite 400 Rent Commencement Date shall be pushed back on a day-for-day basis for: (i) each day (if any) that Substantial Completion of the initial improvements in Suite 400 is delayed due to a Force Majeure Event or Landlord Delay; and (ii) each day (if any) that the Suite 400 Delivery Date is delayed beyond May 1, 2019. The “Suite 400 Delivery Date” means the date that Landlord delivers possession of Suite 400 to Tenant in the condition Landlord is required to deliver such space pursuant to Section 2(b) below.

Suite 400