Swing Space. Landlord will use diligent efforts (which efforts shall be subject to space availability), to provide Tenant with approximately two (2) full floors of short-term “Swing Space” on the second (2nd) and fifth (5th) floors in the building at 000 Xxxxxxxxx Xxxxxx (the “Xxxxxxxxx Building”) where Tenant may move certain of its employees prior to Substantial Completion of the Tenant Improvements. If such Swing Space is available and Tenant desires to lease the same, the term of the lease of such Swing Space shall commence upon delivery of the Swing Space to Tenant (the “Swing Space Commencement Date”) and continue through and including the earlier of (x) the date Tenant vacates the Swing Space and (y) the date that is sixty (60) days after the date the Tenant Improvements are Substantially Completed, except that, if the Tenant Improvements are not Substantially Completed by the date nine (9) months following the Commencement Date (for any reason other than delays caused by Landlord), then, at the end of such nine (9) month period, the term of the lease of the Swing Space shall convert to a month-to-month lease which may be terminated by either party upon not less than thirty (30) days prior written notice to the other party of such termination. If Tenant leases the Swing Space, the rent for the Swing Space shall (i) for the initial nine (9) months following the Swing Space Commencement Date, be equal to the Operating Expenses (which, for purposes of the Swing Space, shall include the cost of providing electricity to the Swing Space, as reasonably determined by Landlord) and Tax Expenses applicable to the Swing Space (calculated by dividing the rentable square footage of the Swing Space by the total rentable square footage of the Xxxxxxxxx Building, as reasonably calculated by Landlord, and without application of any base year amounts) and (ii) for the period of occupancy beyond the initial nine (9) months following the Swing Space Commencement Date, the sum of Twenty Four Dollars ($24.00) per rentable square foot per annum. During the term of Tenant’s lease of the Swing Space, all of the provisions of this Lease shall apply to Tenant’s occupancy of the Swing Space, but excluding any provisions which, by their nature, are not applicable to the Swing Space in the Xxxxxxxxx Building, including, without limitation, the provisions regarding expansion options, rights of first refusal and renewal options. If Tenant leases any Swing Space, Landlord and Tenant shall execu...
Swing Space. (A) The term “Swing Space” shall mean approximately 7,292 rentable square feet located on the sixth (6th) floor of the Building. The Swing Space is more particularly described on Exhibit A-3 attached hereto.
Swing Space. To accommodate Tenant’s space needs prior to the Term Commencement Date and to facilitate its transition to the Premises under this Lease, Tenant may occupy a portion of Suite 320 on the 2nd floor of the Central Pod of the Building, as shown on Exhibit A-1 and containing approximately 10,200 square feet of Rentable Floor Area (such portion, the “Swing Space”) for the Swing Space Term as set forth in this Section 2.1.1. Tenant’s use and occupancy of the Swing Space during the Swing Space Term shall be governed by that certain Temporary License Agreement dated as of February 1, 2014 between Landlord, as licensor, and Tenant, as licensee (the “License Agreement”). The “
Swing Space. Commencing on October 14, 2017, with retroactive effect thereto, Tenant shall lease Suite 700 in the Building (“Suite 700”), containing approximately 2,669 rentable square feet (2,321 usable square feet), subject to the terms and conditions of the Lease, as amended hereby. In addition, Tenant shall have the right upon ten (10) days’ prior written notice to Landlord but no later than December 1, 2017, to lease Suite 725 in the Building (“Suite 725”), containing approximately 4,254 rentable square feet (3,699 usable square feet), commencing no earlier than December 1, 2017. In addition, Tenant shall have the right, exercisable upon delivery of written notice to Landlord by April 1, 2018, to lease Suite 720 in the Building (“Suite 720”), containing approximately 2,792 rentable square feet (2,428 usable square feet), commencing on July 1,2018, Suite 700, 720 and 725 shall collectively be referred to herein as the “Swing Space.” For purposes of this Amendment, the Swing Space shall be deemed part of the Existing Premises and subject to the Lease, as amended hereby. If Tenant exercises its option to lease Suite 725 and/or Suite 720, to the extent Landlord has the legal right to do so and the current tenants therein have vacated and surrendered such spaces, Tenant shall be permitted early access to such spaces under the same terms and conditions provided in Section 2(h) above, except that access to Suite 725 shall be no earlier than November 26, 2017, the day after the current lease of such space expires. All such occupancies shall be on a month-to-month basis and shall terminate automatically at 5:00 p.m. local time on the day immediately prior to the 4th Floor Space Commencement Date (the “Swing Space Termination Date”), unless sooner terminated as provided in the Lease, as amended hereby. Tenant shall accept each suite in the Swing Space in its “AS IS” condition as of the date on which Landlord delivers possession thereof to Tenant. Tenant shall pay, in addition to all other amounts due and payable under the Lease, a monthly Base Rent of $4.50 per rentable square foot for the Swing Space leased by Tenant, during such month-to-month tenancy.
Swing Space. 5.01 (a) Landlord shall deliver possession of the Swing Space available to Tenant on or about November 1, 2004 (subject to the last sentence of this Section 5.01(a) and Section 5.02), which space Tenant shall accept in its "as is" condition on such date, provided, however, Landlord shall cause the Swing Space to be separately demised from the remainder of the space of which the Swing Space forms a part on the date hereof if Landlord permits another person or entity to occupy such remaining space. Tenant may use the Swing Space through and until the later of (i) July 31, 2005 and (ii) the date that is nine (9) months from the date that the existing tenant of the Swing Space tenders vacant possession thereof to Landlord, at which time Tenant shall surrender possession of the Swing Space to Landlord, broom clean and in the condition it was in when possession was delivered to it, reasonable wear and tear excepted. If Landlord shall be unable to give possession of the Swing Space on November 1, 2004 because of the holding-over or retention of possession of any tenant or occupant, or for any other reason, Landlord shall not be subject to any liability for such failure; provided that Landlord shall deliver possession of the Swing Space to Tenant as soon thereafter as it is able to do so and if the existing tenant or any occupant of the Swing Space fails to surrender possession thereof to Landlord when obligated to do so, Landlord shall commence as soon as practicable proceedings to obtain possession of the Swing Space.
Swing Space. (a) Commencing on the Commencement Date, Tenant shall occupy the Swing Space, subject to all of the terms, covenants and conditions contained in this Lease, except that, notwithstanding any provision of this Lease to the contrary, the provisions of this Section 1.08 shall apply to the Swing Space.
(i) During the period from the Commencement Date to but not including the earlier of the Delivery Date and the date occurring in the fourth (4th) month after the Commencement Date which is the same numerical date in the month as the Commencement Date or, if no same numerical date shall exist in such fourth (4th) month, the last day of such fourth (4th) month (such date, as the same may be extended pursuant to the last sentence of this Section 1.08(b)(i), being the “4 Month Date”), Tenant shall pay to Landlord, as Additional Charges for electricity supplied and cleaning services provided to the Swing Space, an amount equal to $56,100.00 per annum, such payment to be made in equal monthly installments of $4,675 commencing on the Commencement Date and on each monthly anniversary of the Commencement Date. Notwithstanding anything to the contrary contained herein, the 4 Month Date shall be extended by the same number of days as the Base Space Rent Commencement Date is extended, if any, pursuant to the provisions of Section l.03(a) hereof.
(ii) If the Delivery Date shall not have theretofore occurred, during the period from the 4 Month Date to but not including the earlier of the Delivery Date and the Base Space Rent Commencement Date, Tenant shall pay to Landlord, as Fixed Rent for the Swing Space, an amount equal to $357,000.00 per annum, and as Additional Charges for electricity supplied and cleaning services provided to the Swing Space, an amount equal to $56,100.00 per annum, such payment to be made in equal monthly installments of $34,425 commencing on the 4 Month Date and on each monthly anniversary of the 4 Month Date.
(iii) If the Delivery Date shall not have theretofore occurred, during the period from the Base Space Rent Commencement Date to but not including the Delivery Date, all of Tenant’s obligations to pay Fixed Rent and Additional Charges pursuant to the provisions of Article 2 shall apply to the Swing Space without distinction from the Base Space, and Tenant shall pay to Landlord, as Fixed Rent, the amounts set forth in Section 2.02 as payable for the period commencing on the Swing Space Rent Commencement Date and for all periods commencing thereafte...
Swing Space. Landlord agrees to provide Tenant, upon Tenant’s request with temporary swing space more particularly described on Schedule 2 attached hereto in an “as is, where is” condition for Tenant to occupy for Tenant’s Permitted Use, while Landlord performs Landlord Work (the “Swing Space”). Prior to taking possession of the Swing Space, Tenant agrees to execute a commercially reasonable month to month lease agreement (the “Temporary Space Lease Agreement”) and shall pay Landlord $4.50 per rentable square foot of the Swing Space per month. Tenant shall not be obligated to pay any Direct Expenses with respect to the Swing Space. Tenant agrees to vacate and surrender the Swing Space no later than seven (7) business days after Landlord provides Tenant with notice that the Landlord has completed Landlord Work and Tenant is able to re-occupy its Premises. In the event Tenant does not surrender the Swing Space in accordance with this Section, Tenant shall be required to pay Landlord Hold Over rent in the amount of 150% of the then current Base Rent for the Swing Space, plus any consequential damages incurred by the Landlord as a result of any Holding Over in the Swing Space not approved in writing by Landlord.
Swing Space. Landlord has leased, and does hereby lease and demise ------------ unto Tenant, and Tenant has leased and does hereby lease and hire from Landlord as tenant of Landlord, upon the terms, covenants and conditions herein set forth, approximately 4,958 square feet of rentable area on the second (2nd) floor of the Building presently known as Suite 2500 (hereinafter called the "Swing Space"). The Swing Space is outlined on the floor plan attached to this Lease and made a part hereof as Exhibit A . ---------
Swing Space. Upon Tenant’s written request, Landlord will permit Tenant to occupy Suite 200 “C” of the Building (the “Swing Space”) for no additional rent until such time as Landlord notifies Tenant that the New Premises are ready for occupancy. During such occupancy, the Swing Space shall be deemed part of the New Premises and shall be subject to all terms of the Lease, other than payment of Base Rent, Operating Expenses or the Tenant Improvement Allowance. Tenant shall have two (2) weeks to vacate the Swing Space after receiving notice from Landlord that the New Premises are ready for occupancy.
Swing Space. As requested by the Tenant, the Landlord shall provide the Tenant with access to the Expansion Premises, Suite 217 (3,686 sf), and Suite 228 (726 sf) in the Building (hereafter referred to collectively as the “Swing Space”), all as shown on Schedule “A-1”, to facilitate the construction of Tenant’s leasehold improvements within the Premises, commencing the later of May 8, 2010 or Seven (7) days following execution of the Lease Amending Agreement as provided for herein until December 31, 2010. The Tenant shall be responsible for observing all terms and provisions of the Lease while in occupancy of the Swing Space save for the payment of Minimum Rent and its share of Realty Taxes, Operating Costs and Utility Charges and the Swing Space shall be delivered in a clean, vacant ‘broom swept’ condition with working lighting to meet base building standards. The Tenant shall vacate the Swing Space in a clean, vacant ‘broom swept’ condition upon completion of its construction. In the event the Tenant has a bonafide requirement for additional swing space, the Landlord will use its best commercial efforts to provide the Tenant with additional space in the Building, on similar terms, at no cost to the Tenant.
