Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above), and (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 3 contracts
Samples: Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp)
Tenant’s Lease Default. Notwithstanding any provision terms to the contrary contained in the this Lease, if an event Tenant is in Default of default by Tenant as described in Section 12.01 of the this Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall includeincluding, without limitation, the delivery by this Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the LeaseWork Letter) has occurred at any time on or before the Substantial Completion completion of the PremisesTenant Improvements, then then, during the continuance of any such Default, (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven suspended until such time as such default Default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion completion of the Premises Tenant Improvements caused by such inaction by Landlord as a Tenant DelayLandlord). In additionNotwithstanding the forgoing, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default a Default by Tenant as described in Section 12.01 of the Lease is cured, forgiven or under this Work Letter (includingwaived, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant Landlord’s suspended obligations shall be liable to Landlord for all damages available to Landlord pursuant to the Lease fully reinstated and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterresumed, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related theretoeffective immediately.
Appears in 3 contracts
Samples: Lease Agreement (10x Genomics, Inc.), Lease Agreement (10X Genomics, Inc.), Lease Agreement (10x Genomics, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of this Tenant Work Letter or the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the PremisesPremises and remains after the expiration of applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of cause the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease suspend the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 4.2 above), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days business days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 3 contracts
Samples: Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 19.1 of the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above5.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 2 contracts
Samples: Office Lease (Vivus Inc), Office Lease (Ensign Group, Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 of under the Lease or any a default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred (beyond applicable notice and cure periods) at any time on or before the Substantial Completion substantial completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Landlord TI Amount and the Tenant Improvement Allowance TI Amount and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a stoppage); provided, however, that if such Event of Default is cured, Tenant’s right to the Landlord TI Amount in the Tenant Delay as set forth in Section 5.01 above)TI Amount shall be reinstated, and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event Event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default Default by Tenant under the Lease or a default (beyond applicable notice and cure periods) under this Tenant Work Letter, and (B) in addition to any other remedies available to Landlord under the Lease, at law and/or in equity, Tenant shall pay to Landlord, as Additional Rent under the Lease, within five ten (510) Business Days after Tenant’s business days of receipt of a statement therefor, any and all reasonable and actual out-of-pocket costs (if any) incurred by Landlord (including any portion of the Landlord TI Amount and the Tenant Improvement Allowance TI Amount disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 2 contracts
Samples: Consent to Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of this Tenant Work Letter or the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the PremisesPremises and remains after the expiration of applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of cause the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease suspend the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 4.2 above), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days business days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.. SCHEDULE 1 GENEIS SSF – ONE TOWER PLACE -1- [Applied Molecular Transport, Inc.]
Appears in 2 contracts
Samples: Lease (Applied Molecular Transport Inc.), Lease (Applied Molecular Transport LLC)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Work Letter, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under the Lease or this Work Letter (which, for purposes hereof, shall includeincluding, without limitation, the delivery any failure by Tenant to Landlord of fund any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction portion of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the LeaseOver-Allowance Amount) has occurred occurs at any time on or before the Substantial Completion substantial completion of the PremisesImprovements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Premises Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 aboveImprovements and any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease. To: Re: Office Lease dated , 20 (the “Lease”), by and between , a (“Landlord”), and , a (“Tenant”), for rentable square feet of space commonly known as Suite (the “Premises”), located on the ( ) floor of that certain office building located at , , (the “Building”). Dear : Notwithstanding any provision to the contrary contained in which casethe Lease, this letter is to confirm and agree upon the following:
1. Tenant has accepted the above-referenced Premises as being delivered in accordance with the Lease, and there is no deficiency in construction.
2. The Lease Term shall commence on or has commenced on for a term of ending on .
3. Rent commenced to accrue on , in the amount of .
4. If the Lease Commencement Date is other than the first day of the month, the first billing will contain a pro rata adjustment. Each billing thereafter shall be for the full amount of the monthly installment as provided for in the Lease.
5. Your rent checks should be made payable to at .
6. The rentable and usable square feet of the Premises are and , respectively.
7. Tenant’s Share of Direct Expenses with respect to the Premises is % of the Project.
8. Capitalized terms used herein that are defined in the Lease shall have the same meaning when used herein. Tenant confirms that the Lease has not been modified or altered except as set forth herein, and the Lease is in full force and effect. Landlord and Tenant acknowledge and agree that to each party’s actual knowledge, neither party is in default or violation of any covenant, provision, obligation, agreement or condition in the Lease. If the provisions of this letter correctly set forth our understanding, please so acknowledge by signing at the place provided below on the enclosed copy of this letter and returning the same to Landlord. EXHIBIT C -1- XXXXXX REALTY XXXXXX CENTRE DEL MAR [Airgain, Inc.] “Landlord”: , a By: Its: By: Its: Agreed to and Accepted as of , 20 . “Tenant”: , a By: Its: By: Its: EXHIBIT C -2- XXXXXX REALTY XXXXXX CENTRE DEL MAR [Airgain, Inc.] Tenant shall faithfully observe and comply with the following Rules and Regulations. Landlord shall not be responsible to Tenant for the nonperformance of any of said Rules and Regulations by or otherwise with respect to the acts or omissions of any other tenants or occupants of the Project. In the event of any conflict between the Rules and Regulations and the other provisions of this Lease, the latter shall control.
1. Tenant shall not alter any lock or install any new or additional locks or bolts on any doors or windows of the Premises without obtaining Landlord’s prior written consent. Tenant shall bear the cost of any lock changes or repairs required by Tenant. Two keys will be furnished by Landlord for the Premises, and any additional keys required by Tenant must be obtained from Landlord at a reasonable cost to be established by Landlord. Upon the termination of this Lease, Tenant shall restore to Landlord all keys of stores, offices, and toilet rooms, either furnished to, or otherwise procured by, Tenant and in the event of the loss of keys so furnished, Tenant shall pay to Landlord the cost of replacing same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such changes.
2. All doors opening to public corridors shall be kept closed at all times except for normal ingress and egress to the Premises.
3. Landlord reserves the right to close and keep locked all entrance and exit doors of the Building during such hours as are customary for comparable buildings in the San Diego, California area. Tenant, its employees and agents must be sure that the doors to the Building are securely closed and locked when leaving the Premises if it is after the normal hours of business for the Building. Any tenant, its employees, agents or any other persons entering or leaving the Building at any time when it is so locked, or any time when it is considered to be after normal business hours for the Building, may be required to sign the Building register. Access to the Building may be refused unless the person seeking access has proper identification or has a previously arranged pass for access to the Building. Landlord will furnish passes to persons for whom Tenant requests same in writing. Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a all persons for whom Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant requests passes and shall be liable to Landlord for all acts of such persons. The Landlord and his agents shall in no case be liable for damages available for any error with regard to the admission to or exclusion from the Building of any person. In case of invasion, mob, riot, public excitement, or other commotion, Landlord reserves the right to prevent access to the Building or the Project during the continuance thereof by any means it deems appropriate for the safety and protection of life and property.
4. No furniture, freight or equipment of any kind shall be brought into the Building without prior notice to Landlord. All moving activity into or out of the Building shall be scheduled with Landlord and done only at such time and in such manner as Landlord designates. Landlord shall have the right to prescribe the weight, size and position of all safes and other heavy property brought into the Building and also the times and manner of moving the same in and out of the Building. Safes and other heavy objects shall, if considered necessary by Landlord, stand on supports of such thickness as is necessary to properly distribute the weight. Landlord will not be responsible for loss of or damage to any such safe or property in any case. Any damage to any part of the Building, its contents, occupants or visitors by moving or maintaining any such safe or other property shall be the sole responsibility and expense of Tenant.
5. No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the elevators, except between such hours, in such specific elevator and by such personnel as shall be designated by Landlord.
6. The requirements of Tenant will be attended to only upon application at the management office for the Project or at such office location designated by Landlord. Employees of Landlord shall not perform any work or do anything outside their regular duties unless under special instructions from Landlord. EXHIBIT D -1- XXXXXX REALTY XXXXXX CENTRE DEL MAR [Airgain, Inc.]
7. No sign, advertisement, notice or handbill shall be exhibited, distributed, painted or affixed by Tenant on any part of the Premises or the Building without the prior written consent of the Landlord. Tenant shall not disturb, solicit, peddle, or canvass any occupant of the Project and shall cooperate with Landlord and its agents of Landlord to prevent same.
8. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed, and no foreign substance of any kind whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the tenant who, or whose servants, employees, agents, visitors or licensees shall have caused same.
9. Tenant shall not overload the floor of the Premises, nor xxxx, drive nails or screws, or drill into the partitions, woodwork or drywall or in any way deface the Premises or any part thereof without Landlord’s prior written consent. Tenant shall not purchase spring water, ice, towel, linen, maintenance or other like services from any person or persons not approved by Landlord.
10. Except for vending machines intended for the sole use of Tenant’s employees and invitees, no vending machine or machines other than fractional horsepower office machines shall be installed, maintained or operated upon the Premises without the written consent of Landlord.
11. Tenant shall not use or keep in or on the Premises, the Building, or the Project any kerosene, gasoline, explosive material, corrosive material, material capable of emitting toxic fumes, or other inflammable or combustible fluid chemical, substitute or material. Tenant shall provide material safety data sheets for any Hazardous Material used or kept on the Premises.
12. Tenant shall not without the prior written consent of Landlord use any method of heating or air conditioning other than that supplied by Landlord.
13. Tenant shall not use, keep or permit to be used or kept, any foul or noxious gas or substance in or on the Premises, or permit or allow the Premises to be occupied or used in a manner offensive or objectionable to Landlord pursuant to or other occupants of the Lease and otherwise available to Landlord at law and/or in equity Project by reason of a default noise, odors, or vibrations, or interfere with other tenants or those having business therein, whether by Tenant under the Lease use of any musical instrument, radio, phonograph, or this Work Letter, and (B) in any other way. Tenant shall pay to Landlordnot throw anything out of doors, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed windows or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all skylights or any portion of the Tenant Improvements and restoration costs related theretodown passageways.
Appears in 2 contracts
Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the this Lease, if an event of any material default by Tenant as described in Section 12.01 of the Lease or any default failure by Tenant to timely observe or perform an obligation under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the PremisesLandlord’s Work, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Landlord’s Work (in which case, Tenant shall be responsible for any further delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Landlord’s Work caused by such inaction by Landlord as a Tenant DelayLandlord), and (iii) the date on which payment of Base Rent is to commence under the Lease shall not be affected. In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event Event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default Default by Tenant under the Lease or a default under this Work Letter, and (B) in addition to any other remedies available to Landlord under the Lease, at law and/or in equity, Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements Landlord’s Work to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements Landlord’s Work and restoration costs related thereto.
Appears in 2 contracts
Samples: Triple Net Space Lease, Triple Net Space Lease (Imprivata Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Work Letter, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under the Lease or this Work Letter (which, for purposes hereof, shall includeincluding, without limitation, the delivery any failure by Tenant to Landlord of fund in advance the costs for any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the LeaseNon-Conforming Improvements) has occurred at any time on or before the Substantial Completion of the Premisesoccurs, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment cause the cessation of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 aboveImprovements and any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of this Lease. Re: Office Lease dated , 20 between , a (“Landlord”), and , a (“Tenant”) concerning Suite on floor(s) of the office building located at , California. Gentlemen: In accordance with the Office Lease (the “Lease”), we wish to advise you and/or confirm as follows:
1. The Lease Term shall commence on or has commenced on for a term of ending on .
2. Rent commenced to accrue on , in the amount of .
3. If the Lease (Commencement Date is other than the first day of the month, the first billing will contain a pro rata adjustment. Each billing thereafter, with the exception of the final billing, shall be for the full amount of the monthly installment as provided for in which casethe Lease.
4. Your rent checks should be made payable to at .
5. The exact number of rentable/usable square feet within the Premises is square feet.
6. Tenant’s Share as adjusted based upon the exact number of usable square feet within the Premises is %. “Landlord”: , a By: Its: Agreed to and Accepted as of , 20 “Tenant”: a By: Its: Tenant shall faithfully observe and comply with the following Rules and Regulations. Landlord shall not be responsible to Tenant for the nonperformance of any of said Rules and Regulations by or otherwise with respect to the acts or omissions of any other tenants or occupants of the Project. In the event of any conflict between the Rules and Regulations and the other provisions of this Lease, the latter shall control.
1. Tenant shall not alter any lock or install any new or additional locks or bolts on any doors or windows of the Premises without obtaining Landlord’s prior written consent. Tenant shall bear the cost of any lock changes or repairs required by Tenant. Two keys will be furnished by Landlord for the Premises, and any additional keys required by Tenant must be obtained from Landlord at a reasonable cost to be established by Landlord. Upon the termination of this Lease, Tenant shall restore to Landlord all keys of stores, offices, and toilet rooms, either furnished to, or otherwise procured by, Tenant and in the event of the loss of keys so furnished, Tenant shall pay to Landlord the cost of replacing same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such changes.
2. All doors opening to public corridors shall be kept closed at all times except for normal ingress and egress to the Premises.
3. Landlord reserves the right to close and keep locked all entrance and exit doors of the Building during such hours as are customary for comparable buildings in the San Francisco, California area. Tenant, its employees and agents must be sure that the doors to the Building are securely closed and locked when leaving the Premises if it is after the normal hours of business for the Building. Any tenant, its employees, agents or any other persons entering or leaving the Building at any time when it is so locked, or any time when it is considered to be after normal business hours for the Building, may be required to sign the Building register. Access to the Building may be refused unless the person seeking access has proper identification or has a previously arranged pass for access to the Building. Landlord will furnish passes to persons for whom Tenant requests same in writing. Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a all persons for whom Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant requests passes and shall be liable to Landlord for all acts of such persons. The Landlord and his agents shall in no case be liable for damages available to Landlord pursuant for any error with regard to the Lease admission to or exclusion from the Building of any person. In case of invasion, mob, riot, public excitement, or other commotion, Landlord reserves the right to prevent access to the Building or the Project during the continuance thereof by any means it deems appropriate for the safety and otherwise available protection of life and property.
4. No furniture, freight or equipment of any kind shall be brought into the Building without prior notice to Landlord. All moving activity into or out of the Building shall be scheduled with Landlord and done only at law and/or such time and in equity such manner as Landlord designates. Landlord shall have the right to prescribe the weight, size and position of all safes and other heavy property brought into the Building and also the times and manner of moving the same in and out of the Building. Safes and other heavy objects shall, if considered necessary by reason Landlord, stand on supports of a default such thickness as is necessary to properly distribute the weight. Landlord will not be responsible for loss of or damage to any such safe or property in any case. Any damage to any part of the Building, its contents, occupants or visitors by moving or maintaining any such safe or other property shall be the sole responsibility and expense of Tenant.
5. No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the elevators, except between such hours, in such specific elevator and by such personnel as shall be designated by Landlord.
6. The requirements of Tenant will be attended to only upon application at the management office for the Project or at such office location designated by Landlord. Employees of Landlord shall not perform any work or do anything outside their regular duties unless under special instructions from Landlord.
7. No sign, advertisement, notice or handbill shall be exhibited, distributed, painted or affixed by Tenant under on any part of the Lease Premises or this Work Letterthe Building without the prior written consent of the Landlord. Tenant shall not disturb, solicit, peddle, or canvass any occupant of the Project and shall cooperate with Landlord and its agents of Landlord to prevent same.
8. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed, and (B) no foreign substance of any kind whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the tenant who, or whose servants, employees, agents, visitors or licensees shall have caused same.
9. Tenant shall pay to not overload the floor of the Premises, nor xxxx, drive nails or screws, or drill into the partitions, woodwork or drywall or in any way deface the Premises or any part thereof without Landlord’s prior written consent. Tenant shall not purchase spring water, as Additional Rent under ice, towel, linen, maintenance or other like services from any person or persons not approved by Landlord.
10. Except for vending machines intended for the Lease, within five (5) Business Days after sole use of Tenant’s receipt employees and invitees, no vending machine or machines other than fractional horsepower office machines shall be installed, maintained or operated upon the Premises without the written consent of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 2 contracts
Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 Article 19 of the Original Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) Agreement has occurred at any time on or before the Substantial Completion of the PremisesExpansion Space and remains after the expiration of applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease suspend the construction of the Premises Expansion Space (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Expansion Space caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above4.2 of this Work Letter Agreement), and (ii) all other obligations of Landlord under the terms of this Work Letter Agreement shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Expansion Space caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Expansion Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 Article 19 of the Original Lease or under this Work Letter (includingAgreement, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 2 contracts
Samples: Lease Agreement (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 of under the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above5.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event Event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default Default by Tenant under the Lease or a default under this Tenant Work Letter, and (B) in addition to any other remedies available to Landlord under the Lease, at law and/or in equity, Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 2 contracts
Samples: Lease Agreement (Talend SA), Lease Agreement (Talend SA)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 19.1 of the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, beyond applicable notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) and cure periods has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 5.2 above), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event Event of default Default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five ten (510) Business Days business days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto. In addition to the Tenant Improvements described in the Tenant Work Letter attached to the Lease as Exhibit B, Landlord, at Landlord’s expense, shall construct the improvements described, below, in the Building (“Landlord’s Work”), which shall be constructed utilizing Building-standard materials and finishes consistent with the balance of the Project, as determined by Landlord in its sole discretion. Tenant may not change or alter the Landlord’s Work. • 2,000 AMP PG&E service to building • New 300 KW generator and enclosure • New mechanical room in garage including installation of new 40,000 CFM AHU, two 20HP air compressors and a duplex 5 HP vacuum pump • New 3,500 MBH condensing boiler • New 40,000 CFM rooftop exhaust fan to support the lab space • New supply and exhaust shafts and vertical ductwork stubbed to tenant space • Compressed air, vacuum, heating hot water, chilled water and hot/cold domestic water vertical mains stubbed to each floor for connection • Site, architectural and structural work to support the warm up scope • Common area restroom upgrades • Building lobby upgrades This CONFIRMATION OF LEASE TERMS/AMENDMENT TO LEASE (“Confirmation/Amendment”) is made and entered into effective as of ______________ , 20__, by and between AP3-SF1 4000 SHORELINE, LLC, a Delaware limited liability company (“Landlord”) and ____________, a _________________ (“Tenant”).
Appears in 2 contracts
Samples: Lease Agreement (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of under the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) Exhibit has occurred and is continuing beyond applicable notice and cure periods at any time on or before the Substantial Completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, (i) Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Work Letter Exhibit shall be forgiven until such time as such default is cured pursuant to the terms of the Lease. This Acknowledgement of Commencement Date is dated as of ________________, between DWF IV 0000 X XX XXXXXX, XXX, a Delaware limited liability company ("Landlord"), and KRONOS BIO, INC., a Delaware corporation ("Tenant"), who entered into an Office Lease (dated for reference purposes as of ______________, 2018 covering certain premises located in which caseSuite 300 of the Building at 0000 Xxxxx Xx Xxxxxx Xxxx, Tenant Xxx Xxxxx, Xxxxxxxxxx. All capitalized terms, if not defined herein, shall be responsible for any delay defined as they are defined in the Substantial Completion Lease.
1. The parties to this document hereby agree that the date of ________________ is the "Commencement Date" of the Term.
2. Tenant hereby confirms the following:
(a) That it has accepted possession of Leased Premises caused by such inaction by Landlord as a pursuant to the terms of the Lease; and
(b) That the Tenant Delay). In addition, if the Lease is terminated prior Improvements required to be furnished according to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of in the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related theretoLeased Premises have been Substantially Completed.
Appears in 2 contracts
Samples: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of this Tenant Work Letter or the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion substantial completion of the Tenant Improvements for the applicable Construction Premises, then (ia) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement TI Allowance Portion for such applicable Construction Premises and/or Landlord may cause the Contractor to cease the construction of the Tenant Improvements for such applicable Construction Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Tenant Improvements for the applicable Construction Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (iib) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Tenant Improvements for such applicable Construction Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement DateDate for any applicable Construction Premises, for any reason due to an event of a default by Tenant as described in Section 12.01 24.2 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days business days after Tenant’s receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Improvement TI Allowance Portion disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements for such applicable Construction Premises to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements for such applicable Construction Premises and restoration costs related thereto.
Appears in 2 contracts
Samples: Lease Agreement (Fusion-Io, Inc.), Lease Agreement (Fusion-Io, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Tenant Work Letter, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under the Lease or this Tenant Work Letter (which, for purposes hereof, shall includeincluding, without limitation, the delivery any failure by Tenant to Landlord of fund any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction portion of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the LeaseOver-Allowance Amount) has occurred occurs at any time on or before the Substantial Completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 aboveImprovements and any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease. The undersigned as Tenant under that certain Office Lease (the "Lease") made and entered into as of ________________, 20_______ by and betweenas Landlord, and the undersigned as Tenant, for Premises on the floor(s) of the office building located at ______________ , ________________, California _______________________ certifies as follows:
1. Attached hereto as Exhibit A is a true and correct copy of the Lease and all amendments and modifications thereto. The documents contained in Exhibit A represent the entire agreement between the parties as to the Premises.
2. The undersigned currently occupies the Premises described in the Lease, the Lease Term commenced on, and the Lease Term expires on, and the undersigned has no option to terminate or cancel the Lease or to purchase all or any part of the Premises, the Building and/or the Project.
3. Base Rent became payable on
4. The Lease is in full force and effect and has not been modified, supplemented or amended in any way except as provided in Exhibit A.
5. Tenant has not transferred, assigned, or sublet any portion of the Premises nor entered into any license or concession agreements with respect thereto except as follows:
6. Tenant shall not modify the documents contained in Exhibit A without the prior written consent of Landlords mortgagee.
7. All monthly installments of Base Rent, all Additional Rent and all monthly installments of estimated Additional Rent have been paid when due through . The current monthly installment of Base Rent is
8. All conditions of the Lease to be performed by Landlord necessary to the enforceability of the Lease have been satisfied and Landlord is not in default thereunder, In addition, the undersigned has not delivered any notice to Landlord regarding a default by Landlord thereunder.
9. No rental has been paid more than thirty (30) days in advance and no security has been deposited with Landlord except as provided in the Lease.
10. As of the date hereof, there are no existing defenses or offsets, or, to the undersigned's knowledge, claims or any basis for a claim, that the undersigned has against Landlord.
11. If Tenant is a corporation or partnership, each individual executing this Estoppel Certificate on behalf of Tenant hereby represents and warrants that Tenant is a duly formed and existing entity qualified to do business in California and that Tenant has full right and authority to execute and deliver this Estoppel Certificate and that each person signing on behalf of Tenant is authorized to do so.
12. There are no actions pending against the undersigned under the bankruptcy or similar laws of the United States or any state.
13. Other than in compliance with all Applicable Laws and incidental to the ordinary course of the use of the Premises, the undersigned has not used or stored any hazardous substances in the Premises.
14. To the undersigned's knowledge, all tenant improvement work to be performed by Landlord under the Lease has been completed in accordance with the Lease and has been accepted by the undersigned and all reimbursements and allowances due to the undersigned under the Lease in connection with any tenant improvement work have been paid in fill. The undersigned acknowledges that this Estoppel Certificate may be delivered to Landlord or to a prospective mortgagee or prospective purchaser, and acknowledges that said prospective mortgagee or prospective purchaser will be relying upon the statements contained herein in making the loan or acquiring the property of which casethe Premises are a part and that receipt by it of this certificate is a condition of making such loan or acquiring such property. Executed at ________________ on the day of ______________ , 200 . Global Clean Energy Holdings, Inc: a Utah Corporation By: _____________________________________ Its: ________________________________ By: _____________________________________ Its: ________________________________
1. Tenant shall not suffer or permit the obstruction of any Common Areas, including driveways, walkways and stairways.
2. Landlord reserves the right to refuse access to any persons Landlord in good faith judges to be a threat to the safety, reputation, or property of the Project and its occupants.
3. Tenant shall not make or permit any noise or odors that annoy or interfere with other tenants or persons having business within the Project.
4. Tenant shall not keep animals or birds within the Project, and shall not bring bicycles, motorcycles or other vehicles into areas not designated as authorized for same.
5. Tenant shall not make, suffer or permit litter except in appropriate receptacles for that purpose.
6. Tenant shall not alter any lock or install new or additional locks or bolts.
7. Tenant shall be responsible for the inappropriate use of any toilet rooms, plumbing or other utilities. No foreign substances of any kind are to be inserted therein.
8. Tenant shall not deface the walls, partitions or other surfaces of the Premises or Project.
9. Tenant shall not suffer or permit anything in or around the Premises, Building or Project that causes excessive vibration or floor loading in any part of the Project.
10. Furniture, significant freight and equipment shall be moved into or out of the building only with the Landlord's knowledge and consent, and subject to such reasonable limitations, techniques and timing, as may be designated by Landlord. Tenant shall be responsible for any damage to the Project arising from any such activity.
11. Tenant shall not employ any service or contractor for services or work to be performed in the Building or Project, except as approved by Landlord.
12. Landlord reserves the right to close and lock the Building on Saturdays, Sundays, and Holidays, and on other days between the hours of 6:00 p.m. and 8:00 a.m.. If Tenant uses the Premises during such periods, Tenant shall be responsible for securely locking any delay in doors it may have opened for entry.
13. Tenant shall return all keys at the Substantial Completion termination of its tenancy and shall be responsible for the cost of replacing any keys that are lost.
14. No window coverings, shades or awnings shall be installed or used by Tenant.
15. Neither Tenant nor its employees or invitees shall go upon the roof of the Premises caused by such inaction Building.
16. Tenant shall not suffer or permit smoking or carrying of lighted cigars or cigarettes in areas reasonably designated by Landlord or by applicable governmental agencies as non-smoking areas.
17. Tenant shall not use any method of heating or air conditioning other than as provided by Landlord.
18. Tenant shall not install, maintain or operate any vending machines upon the Premises without Landlord's written consent
19. The Premises shall not be used for lodging or manufacturing, cooking or food preparation.
20. Tenant shall comply with all safety, fire protection and evacuation regulations established by Landlord or any applicable governmental agency.
21. Landlord reserves the right to waive any one of these rules or regulations, and/or as to any particular tenant, and any such waiver shall not constitute a waiver of any other rule or regulation or any subsequent application thereof of such tenant.
22. Tenant Delay)assumes all risks from theft or vandalism and agrees to keep its Premises locked as may be required.
23. In additionLandlord reserves the right to make such other reasonable rules and regulations as it may from time to time deem necessary for the appropriate operation and safety of the Project and its occupants in accordance with the terms and conditions of Article 5 of the Lease. Tenant agrees to abide by these and such other Rules and Regulations.
1. Parking areas shall be used only for parking by vehicles no longer than full size, if the Lease is terminated prior passenger automobiles herein called "Permitted Size Vehicles".
2. Tenant shall not permit or allow any vehicles that belong to the Lease Commencement Date, for any reason due to an event of default or are controlled by Tenant as described or Tenants employees, suppliers, shippers, customers, or invitees to be loaded, unloaded, or parked in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to areas other than those designated by Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related theretoactivities.
Appears in 2 contracts
Samples: Office Lease (Global Clean Energy Holdings, Inc.), Office Lease (Global Clean Energy Holdings, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default a Default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of Landlord’s Work and the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of Landlord’s Work and the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of Landlord’s Work and the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above4.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default Default is cured pursuant to the terms of the Lease or this Tenant Work Letter (in which case, Tenant shall be responsible for any delay in the Substantial Completion of Landlord’s Work and the Premises Tenant Improvements caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default a Default by Tenant as described in Section 12.01 prior to Substantial Completion of the Lease or under this Work Letter (includingPhase I Work, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five thirty (530) Business Days after Tenant’s days of receipt of a statement therefor, any and all reasonable costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of terminationtermination where such Tenant Improvements would not be reasonably usable by a typical creative office tenant, including, but not limited to, any costs related to the removal of all or any portion of the such Tenant Improvements and restoration costs related thereto.
Appears in 2 contracts
Samples: Lease Agreement (Sweetgreen, Inc.), Lease Agreement (Sweetgreen, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Expansion Premises Work Letter, if an event of default any monetary or material non-monetary Default by Tenant as described in Section 12.01 of under the Lease or any default by Tenant under this Expansion Premises Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred occurs at any time on or before the Substantial Completion substantial completion of the PremisesExpansion Improvements and such default remains uncured five (5) days following Landlord’s notice of such default to Tenant, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Expansion Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Premises Expansion Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth Expansion Improvements and any costs occasioned thereby). LandLord’s initials /s/ K.W. Tenant’s initials /s/ B.R. EXHIBIT B First Amendment 16 Lyft, Inc. This Schedule 1 to Exhibit B is referenced in Section 5.01 above1.3 of Exhibit B of that certain First Amendment to Office Lease dated as of September 27, 2017, by and between SPF CHINA BASIN HOLDINGS, LLC, a Delaware limited liability company, and LYFT, INC., a Delaware corporation. LandLord’s initials EXHIBIT B First Amendment 1 Lyft, Inc. This Exhibit C is referenced in Section 11 of that certain First Amendment to Office Lease dated as of September 27, 2017, by and between SPF CHINA BASIN HOLDINGS, LLC, a Delaware limited liability company, and LYFT, INC., a Delaware corporation. LandLord’s initials /s/ K.W. Tenant’s initials /s/ B.R. EXHIBIT C First Amendment This SECOND AMENDMENT TO OFFICE LEASE (this “Second Amendment”) is made and entered into as of May 31, 2018 (“Effective Date”), by and between SPF CHINA BASIN HOLDINGS, LLC, a Delaware limited liability company (“Landlord”), and LYFT, INC., a Delaware corporation (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay“Tenant”). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 2 contracts
Samples: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the this Lease, if an event of default by Tenant as described in Section 12.01 19.1 of the this Lease or any a default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion substantial completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the this Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). To: Re: Office Lease dated , 20_ between VESTAR GATEWAY, LLC, a Delaware limited liability company (“Landlord”), and RECURSION PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”) concerning that certain two (2) story office building containing approximately 99,172 rentable square feet of space, commonly known as Station 41 at The Gateway, 00 Xxxxx Xxx Xxxxxx, Xxxx Xxxx Xxxx, Xxxx. Ladies and gentlemen: In additionaccordance with the Office Lease (the “Lease”), if we wish to advise you and/or confirm as follows:
1. The Delivery Date occurred on
2. The Lease Term shall commence on or has commenced on [June 1, 2018] for a term of ten (10) years ending on [May 31, 2027].
3. Rent commenced to accrue on [June 1, 2018], in the Lease is terminated prior to amount of $209,078.38 per month.
4. If the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 Date is other than the first day of the Lease or under this Work Letter (includingmonth, without limitationthe first billing will contain a pro rata adjustment. Each billing thereafter, any anticipatory breach described above in this Section 6.05)with the exception of the final billing, then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or full amount of the monthly installment as provided for in equity by reason of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (.
5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements . Your rent checks should be made payable to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.at
Appears in 2 contracts
Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the this Lease, if an event of default by Tenant as described in Section 12.01 of under the Lease Lease, or any a default by Tenant under this Work Letter (whichAddendum, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the PremisesPremises beyond all applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equityas hereby amended, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above5 of this Addendum), and (ii) all other obligations of Landlord under the terms of this Work Letter Addendum shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which caseLease, as hereby amended.
1. The sidewalk, entries, and driveways of the Project shall not be obstructed by Tenant, or its agents, or used by them for any purpose other than ingress and egress to and from the Premises; provided, however, Tenant may install tents over and fences around cars so long as parking spaces are not reduced.
2. Tenant shall not place any objects, including antennas, outdoor furniture, etc., in the parking areas, landscaped areas or other areas outside of its Premises (except in the outside storage areas that are properly screened in accordance with this Lease), or on the roof of the Premises; provided, however, Tenant may install tents over and fences around cars so long as parking spaces are not reduced.
3. Except for seeing-eye dogs, no animals shall be responsible for any delay allowed in the Substantial Completion of offices, halls, or corridors in the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related theretoPremises.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default Default by Tenant as described in Section 12.01 18 of the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord and such default is not cured within five (5) days after Tenant’s receipt of any oral or written, including electronic, written notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Leasesuch default from Landlord) has occurred at any time on or before the Substantial Completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above5.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven suspended until such time as such default is cured pursuant to the terms of the Lease or this Tenant Work Letter (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Substitute Premises Commencement Date, for any reason due to an event of default Default by Tenant as described in Section 12.01 18 of the Lease or any default by Tenant under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Office Lease (Bsquare Corp /Wa)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the this Lease, if an event Event of default by Tenant Default as described in Section 12.01 of the Lease Lease, or any a default by Tenant under this Tenant Work Letter (whichLetter, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord following receipt of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or event that Tenant does not intend to occupy would constitute an Event of Default and the Premisespassage of time for the applicable cure period without such event or failure having been satisfied or cured, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above5 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease. To: Re: Office Lease dated , 20 between , a (“Landlord”), and , a (“Tenant”) concerning Suite on floor(s) of the office building located at , , California. Dear : In accordance with the Office Lease (the “Lease”), we wish to advise you and/or confirm as follows:
1. The Term shall commence on or has commenced on for a term of ending on .
2. Rent commenced to accrue on , in the amount of ..
3. If the Lease Commencement Date is other than the first day of the month, the first billing will contain a pro rata adjustment. Each billing thereafter, with the exception of the final billing, shall be for the full amount of the monthly installment as provided for in the Lease.
4. Your rent checks should be made payable to at .
5. The exact number of rentable feet within the Premises is square feet.
6. Tenant’s Share is %. “Landlord”: a By: Its: Agreed to and Accepted as of , 20 . “Tenant”: By: Its: Tenant shall faithfully observe and comply with the following Rules and Regulations. Landlord shall not be responsible to Tenant for the nonperformance of any of said Rules and Regulations by or otherwise with respect to the acts or omissions of any other tenants or occupants of the Project. In the event of any conflict between the Rules and Regulations and the other provisions of this Lease, the latter shall control.
1. Tenant shall not alter any lock or install any new or additional locks or bolts on any doors or windows of the Premises without obtaining Landlord’s prior written consent. Tenant shall bear the cost of any lock changes or repairs required by Tenant. Landlord will furnish Tenant magnetic card keys for after-hours access to the Building and/or elevator, and six (6) mechanical keys for access to the Premises. Tenant shall pay to Landlord a deposit of $20 for each after-hours Building access card issued to Tenant. Landlord may retain such deposit for any after-hours Building access card not returned to Landlord at the expiration or termination of the Term. Any additional mechanical keys required by Tenant must be obtained from Landlord at a reasonable non-discriminatory cost to be established by Landlord. Upon the termination of this Lease, Tenant shall restore to Landlord all keys of stores, offices, and toilet rooms, either furnished to, or otherwise procured by, Tenant and in the event of the loss of keys so furnished, Tenant shall pay to Landlord the cost of replacing same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such changes.
2. All doors opening to public corridors shall be kept closed at all times except for normal ingress and egress to the Premises.
3. Landlord reserves the right to close and keep locked all entrance and exit doors of the Building during such hours as are customary for comparable buildings in the San Francisco, California area. Any tenant, its employees, agents or any other persons entering or leaving the Building at any time when it is so locked, or any time when it is considered to be after normal business hours for the Building, may be required to sign the Building register. Access to the Building may be refused unless the person seeking access has proper identification or has a previously arranged pass for access to the Building. Landlord will furnish passes to persons for whom Tenant requests same in writing. Tenant shall be responsible for all persons for whom Tenant requests passes. The Landlord and his agents shall in no case be liable for damages for any error with regard to the admission to or exclusion from the Building of any person. In case of invasion, mob, riot, public excitement, or other commotion, Landlord reserves the right to prevent access to the Building or the Project during the continuance thereof by any means it deems appropriate for the safety and protection of life and property.
4. No furniture, freight or equipment of any kind shall be brought into the Building without prior notice to Landlord. All moving activity into or out of the Building shall be scheduled with Landlord and done only at such time and in such manner as Landlord reasonably designates on a non-discriminatory basis. Landlord shall have the right to prescribe the weight, size and position of all safes and other heavy property brought into the Building and also the times and manner of moving the same in and out of the Building. Safes and other heavy objects shall, if considered necessary by Landlord, stand on supports of such thickness as is necessary to properly distribute the weight. Landlord will not be responsible for loss of or damage to any such safe or property in any case. Any damage to any part of the Building, its contents, occupants or visitors by moving or maintaining any such safe or other property shall be the sole responsibility and expense of Tenant.
5. No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the elevators in such specific elevator as shall be designated by Landlord. Landlord shall supply nonexclusive freight elevator service twenty-four (24) hours per day, seven (7) days per week, subject to reasonable advance scheduling.
6. The requirements of Tenant will be attended to only upon application at the management office for the Project or at such office location designated by Landlord. Employees of Landlord shall not perform any work or do anything outside their regular duties unless under special instructions from Landlord.
7. No sign, advertisement, notice or handbill shall be exhibited, distributed, painted or affixed by Tenant on any part of the Premises visible from the Building, the exterior of the Building or any Common Areas of the Building, or the Project without the prior written consent of the Landlord. Tenant shall not disturb, solicit, peddle, or canvass any occupant of the Project and shall cooperate with Landlord and its agents of Landlord to prevent same.
8. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which casethey were constructed, and no foreign substance of any kind whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the tenant who, or whose servants, employees, agents, visitors or licensees shall have caused same.
9. Tenant shall not overload the floor of the Premises, nor xxxx, drive nails or screws, or drill into the partitions, woodwork or drywall or in any way deface the Premises or any part thereof without Landlord’s prior written consent except for art work in the Premises.
10. Except for vending machines intended for the sole use of Tenant’s employees and invitees, no vending machine or machines other than fractional horsepower office machines shall be installed, maintained or operated upon the Premises without the written consent of Landlord.
11. Tenant shall not use or keep in or on the Premises, the Building, or the Project any kerosene, gasoline, explosive material, corrosive material, material capable of emitting toxic fumes, or other inflammable or combustible fluid chemical, substitute or material, except Tenant may use and store normal small quantities of such materials customarily used in the conduct of general office activities, such as copier fluids and cleaning supplies, provided such use and storage complies with applicable environmental Laws. At the expiration or termination of this Lease Tenant shall remove all such materials from the Premises and the Project. Tenant shall provide material safety data sheets for any Hazardous Material used or kept on the Premises.
12. Tenant shall not without the prior written consent of Landlord use any method of heating or air conditioning other than that supplied by Landlord.
13. Tenant shall not use, keep or permit to be used or kept, any foul or noxious gas or substance in or on the Premises, or permit or allow the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Project by reason of noise, odors, or vibrations, or interfere with other tenants or those having business therein, whether by the use of any musical instrument, radio, phonograph, or in any other way. Tenant shall not throw anything out of doors, windows or skylights or down passageways.
14. Tenant shall not bring into or keep within the Project, the Building or the Premises any animals (except for guide dogs or other service animals required by any disabled employee or invitee of Tenant), birds, aquariums, or, except in areas designated by Landlord, bicycles or other vehicles.
15. No cooking shall be done or permitted on the Premises, nor shall the Premises be used for the storage of merchandise, for lodging or for any improper, objectionable or immoral purposes. Notwithstanding the foregoing, Underwriters’ laboratory-approved equipment and microwave ovens or in any kitchen shown on the Approved Plans may be used in the Premises for heating food and brewing coffee, tea, hot chocolate and similar beverages for employees and visitors, provided that such use is in accordance with all applicable federal, state, county and city laws, codes, ordinances, rules and regulations.
16. The Premises shall not be used for manufacturing or for the storage of merchandise except as such storage may be incidental to the use of the Premises provided for in the Summary. Tenant shall not occupy or permit any portion of the Premises to be occupied as an office for a messenger-type operation or dispatch office, public stenographer or typist, or for the manufacture or sale of liquor, narcotics, or tobacco in any form, or as a medical office, or as a xxxxxx or manicure shop, or as an employment bureau without the express prior written consent of Landlord. Tenant shall not engage or pay any employees on the Premises except those actually working for such tenant on the Premises nor advertise for laborers giving an address at the Premises.
17. Landlord reserves the right to exclude or expel from the Project any person who, in the judgment of Landlord, is intoxicated or under the influence of liquor or drugs, or who shall in any manner do any act in violation of any of these Rules and Regulations.
18. Tenant, its employees and agents shall not loiter in or on the entrances, corridors, sidewalks, lobbies, courts, halls, stairways, elevators, vestibules or any Common Areas for the purpose of smoking tobacco products or for any other purpose, nor in any way obstruct such areas, and shall use them only as a means of ingress and egress for the Premises.
19. Tenant shall not waste electricity, water or air conditioning and agrees to cooperate fully with Landlord to ensure the most effective operation of the Building’s heating and air conditioning system, and shall refrain from attempting to adjust any controls. Tenant shall participate in recycling programs undertaken by Landlord.
20. Tenant shall store all its trash and garbage within the interior of the Premises. No material shall be placed in the trash boxes or receptacles if such material is of such nature that it may not be disposed of in the ordinary and customary manner of removing and disposing of trash and garbage in San Francisco, California without violation of any law or ordinance governing such disposal. All trash, garbage and refuse disposal shall be made only through entry-ways and elevators provided for such purposes at such times as Landlord shall designate and by Landlord as part of its janitorial service. If the Premises is or becomes infested with vermin as a result of the use or any misuse or neglect of the Premises by Tenant, its agents, servants, employees, contractors, visitors or licensees, Tenant shall forthwith, at Tenant’s expense, cause the Premises to be exterminated from time to time to the satisfaction of Landlord and shall employ such licensed exterminators as shall be approved in writing in advance by Landlord.
21. Tenant shall comply with all safety, fire protection and evacuation procedures and regulations established by Landlord or any governmental agency.
22. Any persons employed by Tenant to do janitorial work shall be subject to the prior written approval of Landlord, and while in the Project and outside of the Premises, shall be subject to and under the control and direction of the Project manager (but not as an agent or servant of such manager or of Landlord), and Tenant shall be responsible for all acts of such persons.
23. No awnings or other projection shall be attached to the outside walls of the Building without the prior written consent of Landlord, and no curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any window or door of the Premises other than building standard window coverings. All electrical ceiling fixtures hung in the Premises or spaces along the perimeter of the Building must be fluorescent and/or of a quality, type, design and a warm white bulb color approved in advance in writing by Landlord. Neither the interior nor exterior of any windows shall be coated or otherwise sunscreened without the prior written consent of Landlord. Tenant shall be responsible for any delay in damage to the Substantial Completion window film on the exterior windows of the Premises caused and shall promptly repair any such damage at Tenant’s sole cost and expense. Tenant shall abide by such inaction by Landlord as a Tenant Delay). In additionLandlord’s regulations concerning the opening and closing of window coverings which are attached to the windows in the Premises, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterany, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt which have a view of a statement therefor, any and all costs incurred by Landlord (including any interior portion of the Tenant Improvement Allowance disbursed Building or Common Areas.
24. The sashes, sash doors, skylights, windows, and doors that reflect or admit light and air into the halls, passageways or other public places in the Building shall not be covered or obstructed by Landlord) and not reimbursed Tenant, nor shall any bottles, parcels or otherwise paid by Tenant through other articles be placed on the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related theretowindowsills.
Appears in 1 contract
Samples: Office Lease (Bare Escentuals Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 17 of the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant 13 Second & Spring Avalara, Inc. shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if If the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event Event of default Default by Tenant as described in Section 12.01 17 of the Lease or any default by Tenant under this Tenant Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05)Letter, then (A) Tenant shall be liable so long as Landlord’s recovery is not duplication of amounts recovered by Landlord pursuant to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.. 14 Second & Spring Avalara, Inc.
Appears in 1 contract
Samples: Lease Agreement (Avalara Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 of under the Lease or any a default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion substantial completion of the Total Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Renovation Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Total Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Total Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Total Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Expansion Space Commencement Date, for any reason due to an event Event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default Default by Tenant under the Lease or a default under this Tenant Work Letter, and (B) in addition to any other remedies available to Landlord under the Lease, at law and/or in equity, Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Renovation Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Renovation Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Renovation Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease Agreement (Talend SA)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred beyond the applicable notice and cure period, at any time on or before the Substantial Completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above4.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or under this Tenant Work Letter, and (B) in addition to any other remedies available to Landlord under the Lease, at law and/or in equity, Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease Agreement (Gsi Group Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Work Letter, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under the Lease or this Work Letter and after any applicable notice and cure periods (which, for purposes hereof, shall includeincluding, without limitation, the delivery any failure by Tenant to Landlord of fund any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction portion of the Tenant Improvements and/or that Tenant does not intend Over-Allowance Amount pursuant to occupy the Premises, and/or any other anticipatory breach of the Leasethis Work Letter) has occurred occurs at any time on or before the Substantial Completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by Tenant Improvements and any costs occasioned thereby) until such work stoppage time as a such event of default is cured (following such cure, Landlord shall again be obligated to apply the Allowance and continue construction of the Tenant Delay as set forth in Section 5.01 aboveImprovements), and (ii) all other obligations of Landlord under the terms of the Lease and this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease Lease. Certain identified information has been excluded because it is both not material and is the type that the registrant treats as private or confidential. [***] THIS CONFIRMATION AGREEMENT is made and agreed upon as of this______day of ____________, by and between SIC-MOUNTAIN BAY PLAZA, LLC, a Delaware limited liability company (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05"Landlord"), then and SENTINEL LABS, INC., a Delaware corporation dba SentinelOne (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after "Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto").
Appears in 1 contract
Samples: Office Lease (Sentinel Labs, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 17 of the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above3.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease or this Work Letter (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event Event of default Default by Tenant as described in Section 12.01 17 of the Lease or any default by Tenant under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease Agreement (Glu Mobile Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by this Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, written notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) or an Event of Default under the Lease has occurred at any time on or before the Substantial Completion substantial completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event Event of default Default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.055.4), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Tenant Work LetterLetter (including, without limitation, the remedies available to Landlord pursuant to California Civil Code Section 1951.2), and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five thirty (530) Business Days after Tenant’s days of receipt of a statement therefor, together with reasonable back-up documentation, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto. For purposes of calculating the damages available to Landlord under California Civil Code 1951.2, the Lease Commencement Date shall be deemed to be the date which the Lease Commencement Date would have otherwise occurred but for such default by Tenant. To: Re: Office Lease dated , 2010 between , a (“Landlord”), and , a (“Tenant”) concerning Suite on floor(s) of the office building located at , San Francisco, California.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of this Tenant Work Letter or the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the PremisesPremises and remains after the expiration of applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of cause the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease suspend the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 4.2 above), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this for a Work Letter (includingDefault, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days business days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed Contribution incurred by Landlord) Landlord and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination. EXHIBIT B -4- [GENESIS CAMPUS POINT AT 4242] [POSEIDA THERAPEUTICS, includingINC.] SCHEDULE 2 -1- [GENESIS CAMPUS POINT AT 4242] [POSEIDA THERAPEUTICS, but not limited toINC.] SCHEDULE 2 -2- [GENESIS CAMPUS POINT AT 4242] [POSEIDA THERAPEUTICS, any costs related INC.] Xxxxxx XX Pacific 4242 Poseida High Level Budget R1 Scope Breakout Level 7 -16,210 RSF Space February 22, 2016 TOTAL Scope SF Unit s Per COST Additional 3 Private Offices 1 LS $ 58.063,08 $ 58.063 Relocate Fume Hood 1 LS $ 24.003 87 $ 24.004 Add Piped C02 1 LS $ 15.410.87 $ 15.420 Add two lab sinks 1 LS S 35.620 08 $ 35.620 Add Two (2) Island Benches 1 LS $ 75.762 00 $ 75.762 Lab Support Room Tables (inc power) 1 LS S 9.873 00 S 9,873 Enclose Lab Support 1 LS $ 81.318.16 $ 81.310 Rooms/Lab Equipment Electrical and Utility Additions Site Management/Temp Protection 1 LS $ 10.382-00 $ 10.382 Qualifications | DIRECT CONSTRUCTION COST $ 310.443 Includes MEP Design, CO2 Constructor Contingency Included manifold and piping to Subcontractor Default insurance Include Exdudes Shelving Liability Insurances Included , Contractors Fee induced additional plumbing utilises and architectural design CONSTRUCTION COST S Design MEP Included City Fees Excluded Design Contingency Excluded Testing/lnspection Service Excluded Cap Assure Excluded OTHER COSTS $ - TOTAL PROJECT COSTS $ 310.443 $ PER GSF / PROJECT GROSS SQUARE FEET (GSF) $ 10 SCHEDULE 3 -1- [GENESIS CAMPUS POINT AT 4242] [POSEIDA THERAPEUTICS, INC.] Poseida 7th Floor Plan Total Construction $ 310.443 00 $ 1915 Design + Permit 5 47.20000 S 2.91 Construction Mgmt (4%) S 14.305 72 $ 0.88 Total 371.948 72 $ 22.95 Total Tenant Co- Investment $ 371.948 72 S 22.95 SCHEDULE 3 -2- [GENESIS CAMPUS POINT AT 4242] [POSEIDA THERAPEUTICS, INC.] February 25, 2016 Mr. Xxxx Xxx Chief Executive Officer Phase3 Real Estate Partners 0000 Xx Xxxxx Xxxxxxx Xxxxx, Xxxxx 000 Xxx Xxxxx, XX 00000 RE: Professional Services Proposal 000 Xxxxxx Xxxxx Xxxxx – Level 7 – Poseida TI San Diego, CA MA No. 00-000-00 Dear Xxxx: Thank you for considering XxXxxxxxx Architects, Inc. (MA) as a provider of professional design services. We are excited about the removal opportunity to be of all or any portion of the Tenant Improvements and restoration costs related theretoservice to Phase3 Real Estate Partners (P3RE) on this project.
I. PROJECT DESCRIPTION
Appears in 1 contract
Samples: Lease (Poseida Therapeutics, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 23 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) Agreement has occurred at any time on or before the Substantial Completion of the PremisesPremises and remains after the expiration of applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease suspend the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above4.2 of this Work Letter Agreement), and (ii) all other obligations of Landlord under the terms of this Work Letter Agreement shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 23 of the Lease or under this Work Letter (includingAgreement, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent additional rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision terms to the contrary contained in the this Lease, if an event Tenant is in default of default by Tenant as described in Section 12.01 of the this Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall includeincluding, without limitation, the delivery by this Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the LeaseWork Letter) has occurred at any time on or before the Substantial Completion completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven suspended until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion completion of the Premises Tenant Improvements caused by such inaction by Landlord as a Tenant DelayLandlord). In additionNotwithstanding the forgoing, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately. This exhibit, entitled “Rules and Regulations,” is and shall constitute Exhibit C to the Lease or Agreement, dated as of the Lease Date, by and between Landlord and Tenant for the Premises. The terms and conditions of this Work Letter, Exhibit C are hereby incorporated into and (B) are made a part of the Lease. Capitalized terms used but not otherwise defined in this Exhibit C have the meanings ascribed to such terms in the Lease.
1. Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt not use any method of a statement therefor, any and all costs incurred heating or air conditioning other than that supplied by Landlord (including any portion without the consent of Landlord.
2. All window coverings installed by Tenant and visible from the outside of the Building require the prior written approval of Landlord.
3. Tenant Improvement Allowance disbursed by Landlord) and shall not reimbursed use, keep or otherwise paid by Tenant through permit to be used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the date of such termination in connection with the Tenant Improvements Premises, except to the extent plannedthat Tenant is permitted to use the same under the terms of Paragraph 32 of the Lease.
4. Tenant shall not alter any lock or install any new locks or bolts on any door at the Premises without the prior consent of Landlord.
5. Landlord shall provide Tenant a minimum of 120 building access cards/keys. Tenant shall not make any duplicate keys or key cards to the Premises or the Building without the prior consent of Landlord.
6. Tenant shall park motor vehicles in Parking Areas designated by Landlord except for loading and unloading. During those periods of loading and unloading, installed and/or constructed Tenant shall not unreasonably interfere with traffic flow around the Building or the Project and loading and unloading areas of other tenants. Tenant shall not park motor vehicles in designated Parking Areas after the conclusion of normal daily business activity.
7. Tenant shall not disturb, solicit or canvas any tenant or other occupant of the Building or the Project and shall cooperate to prevent same.
8. No person shall go on the roof without Landlord’s permission.
9. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building, to such a degree as to be objectionable to Landlord or other tenants, shall be placed and maintained by Tenant, at Tenant’s expense, on vibration eliminators or in noise-dampening housing or other devices sufficient to eliminate noise or vibration.
10. All goods, including material used to store goods, delivered to the Premises of Tenant shall be immediately moved into the Premises and shall not be left in parking or receiving areas overnight.
11. Tenant is responsible for the storage and removal of all trash and refuse. All such date trash and refuse shall be contained in suitable receptacles stored behind screened enclosures at locations approved by Landlord.
12. Tenant shall not store or permit the storage or placement of terminationgoods or merchandise in or around the common areas surrounding the Premises. No displays or sales of merchandise shall be allowed in the parking lots or other common areas.
13. Tenant shall not permit any animals, including, but not limited to, any costs related household pets (but excluding service animals, which are permitted), to be brought or kept in or about the removal of all Premises, the Building, the Project or any portion of the common areas. , a (“Tenant”) hereby certifies to and its successors and assigns that Tenant Improvements leases from , a (“Landlord”) approximately square feet of space (the “Premises”) in pursuant to that certain Lease Agreement dated , 20 by and restoration costs related thereto.between Landlord and Tenant, as amended by (collectively, the “Lease”), a true and correct copy of which is attached hereto as Exhibit A. Tenant hereby certifies to , that as of the date hereof:
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the this Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by this Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion substantial completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the this Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises Tenant Improvements caused by such inaction by Landlord as a Tenant DelayLandlord). To: Re: Office Lease dated , 20 between , a (“Landlord”), and , a (“Tenant”) concerning Suite on floor(s) of the office building located at 000 Xxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx. Gentlemen: In additionaccordance with the Office Lease (the “Lease”), if we wish to advise you and/or confirm as follows:
1. The Lease Term shall commence on or has commenced on for a term of ending on .
2. Rent commenced to accrue on , in the Lease is terminated prior to amount of .
3. If the Lease Commencement DateDate is other than the first day of the month, the first billing will contain a pro rata adjustment. Each billing thereafter, with the exception of the final billing, shall be for the full amount of the monthly installment as provided for in the Lease.
4. Your rent checks should be made payable to at .
5. The exact number of rentable square feet within the Premises is square feet.
6. Tenant’s Share as adjusted based upon the exact number of rentable square feet within the Premises is %. , a By: Its: Agreed to and Accepted as of , 200 . a By: Its: Tenant shall faithfully observe and comply with the following Rules and Regulations. Landlord shall not be responsible to Tenant for the nonperformance of any reason due of said Rules and Regulations by or otherwise with respect to an the acts or omissions of any other tenants or occupants of the Project. In the event of default any conflict between the Rules and Regulations and the other provisions of this Lease, the latter shall control.
1. Tenant shall not alter any lock or install any new or additional locks or bolts on any doors or windows of the Premises without obtaining Landlord’s prior written consent. Tenant shall bear the cost of any lock changes or repairs required by Tenant. Two keys will be furnished by Landlord for the Premises, and any additional keys required by Tenant as described must be obtained from Landlord at a reasonable cost to be established by Landlord. Upon the termination of this Lease, Tenant shall restore to Landlord all keys of stores, offices, and toilet rooms, either furnished to, or otherwise procured by, Tenant and in Section 12.01 the event of the Lease loss of keys so furnished, Tenant shall pay to Landlord the cost of replacing same or under this Work Letter (includingof changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such changes.
2. All doors opening to public corridors shall be kept closed at all times except for normal ingress and egress to the Premises.
3. Landlord reserves the right to close and keep locked all entrance and exit doors of the Building during such hours as are customary for comparable buildings in the downtown San Francisco, without limitationCalifornia area. Tenant, its employees and agents must be sure that the doors to the Building are securely closed and locked when leaving the Premises if it is after the normal hours of business for the Building. Any tenant, its employees, agents or any anticipatory breach described above other persons entering or leaving the Building at any time when it is so locked, or any time when it is considered to be after normal business hours for the Building, may be required to sign the Building register. Access to the Building may be refused unless the person seeking access has proper identification or has a previously arranged pass for access to the Building. Landlord, at Landlord’s cost, will furnish initial passes and card keys to persons for whom Tenant requests same in this Section 6.05), then (A) writing. Additional passes shall be at Tenant’s cost. Tenant shall be responsible for all persons for whom Tenant requests passes and shall be liable to Landlord for all acts of such persons. The Landlord and his agents shall in no case be liable for damages available to Landlord pursuant for any error with regard to the Lease admission to or exclusion from the Building of any person. In case of invasion, mob, riot, public excitement, or other commotion, Landlord reserves the right to prevent access to the Building or the Project during the continuance thereof by any means it deems appropriate for the safety and otherwise available protection of life and property.
4. No furniture, freight or equipment of any kind shall be brought into the Building without prior notice to Landlord. All moving activity into or out of the Building shall be scheduled with Landlord and done only at law and/or such time and in equity such manner as Landlord designates. Landlord shall have the right to prescribe the weight, size and position of all safes and other heavy property brought into the Building and also the times and manner of moving the same in and out of the Building. Safes and other heavy objects shall, if considered necessary by reason Landlord, stand on supports of a default such thickness as is necessary to properly distribute the weight. Landlord will not be responsible for loss of or damage to any such safe or property in any case. Any damage to any part of the Building, its contents, occupants or visitors by moving or maintaining any such safe or other property shall be the sole responsibility and expense of Tenant.
5. No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the elevators, except between such hours, in such specific elevator and by such personnel as shall be designated by Landlord.
6. The requirements of Tenant will be attended to only upon application at the management office for the Project or at such office location designated by Landlord. Employees of Landlord shall not perform any work or do anything outside their regular duties unless under special instructions from Landlord.
7. No sign, advertisement, notice or handbill shall be exhibited, distributed, painted or affixed by Tenant under on any part of the Lease Premises or this Work Letterthe Building without the prior written consent of the Landlord. Tenant shall not disturb, solicit, peddle, or canvass any occupant of the Project and shall cooperate with Landlord and its agents of Landlord to prevent same.
8. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed, and (B) Tenant no foreign substance of any kind whatsoever shall pay to Landlordbe thrown therein. The expense of any breakage, as Additional Rent under stoppage or damage resulting from the Leaseviolation of this rule shall be borne by the tenant who, within five (5) Business Days after Tenant’s receipt of a statement thereforor whose servants, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed employees, agents, visitors or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related theretolicensees shall have caused same.
Appears in 1 contract
Samples: Office Lease (Docusign Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 19.1 of the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above5.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) Agreement has occurred at any time on or before the Substantial Completion of the PremisesExpansion Space and remains after the expiration of applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease suspend the construction of the Premises Expansion Space (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Expansion Space caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above4.2 of this Work Letter Agreement), and (ii) all other obligations of Landlord under the terms of this Work Letter Agreement shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Expansion Space caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Expansion Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (includingAgreement, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent additional rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease (Auspex Pharmaceuticals, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Work Letter, if an event of any default (beyond any applicable notice and cure periods) by Tenant as described in Section 12.01 of under the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall includeincluding, without limitation, the delivery any failure by Tenant to Landlord of fund any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction portion of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the LeaseOver-Allowance Amount) has occurred occurs at any time on or before the Substantial Completion of the PremisesImprovements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Premises Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 aboveImprovements and any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which casethis Lease. A. February 26, Tenant shall 2008 Final Space Plan with respect to floors 1, 5 and 6 to be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default completed by Tenant as described in Section 12.01 of the Lease or under this Work Letter (includingand delivered to Landlord. B. March 18, without limitation2008 Final Space Plan with respect to floors 2, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall 3 and 4 to be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default completed by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay delivered to Landlord, as Additional Rent under the Lease, within five . C. Five (5) Business Days business days after Tenant’s the receipt of the Cost Proposal by Tenant Tenant to approve Cost Proposal and deliver Cost Proposal to Landlord. The following Premise Improvements Standards and LEED Tenant Design and Construction Guidelines identify the minimum quality for items used in the construction of Premise Improvements at the property identified above. All new Premise Improvement work associated with the project identified above shall comply with this Building Standard for a statement thereforminimum quality of material and general design guidelines and the LEED Tenant Improvement Guidelines for specific design criteria, any product specifications and all costs incurred by Landlord means and methods to be employed during the execution of the work.
a. 35/8" × 25 min. gauge metal studs @ 16" on center.
b. 1 layer each side 5/8" thick type 'x' gypsum wallboard (including any where required).
c. From [***].
d. R11 batt sound insulation in partition cavity (portion of walls—corridor, bathrooms & some office). .
e. Partition taped and sanded smooth to receive paint.
f. Fire caulk @ partition and metal deck as required by City of San Diego.
g. Provide minimum opening above ceiling as required for return air, with sound boots.
a. 21/2" × 25 gauge metal studs @ 24" on center.
c. Diagonal Bracing: 21/2" × 25 gauge metal studs at 45 degree diagonal to structure above staggered @ 4'-0" on center, and at door openings.
d. Partition taped and sanded smooth to receive paint to a minimum of Level 4 finish.
e. Metal corner bead at terminations of partitions and at the Tenant Improvement Allowance disbursed by Landlord) ceiling.
f. All demising walls and not reimbursed or otherwise paid by Tenant through the date tenant conference room walls to receive R-11 batt insulation within partition cavity and four foot on either side of such termination in connection partition over ceiling.
a. Same as demising partition with fire dampers as required for penetrations and return air.
b. Type X 5/8" wallboard shall be fire taped where fire ratings are required. [***] Confidential portions of this document have been redacted and filed separately with the Tenant Improvements Commission.
c. Heights vary to the extent plannedmaximum of 68" above floor.
d. Metal corner beads at all exposed corners.
e. Partition taped and sanded smooth to receive paint to a minimum of Level 4 finish.
f. Pipe support at free end within partition cavity and every 4' on center.
a. Below glazing sill and above glazing head, installed and/or constructed as of such date of termination, including, but not limited to, any costs related 1 layer 5/8" thick gypsum wallboard.
b. Taped and sanded smooth to the removal of all or any portion of the Tenant Improvements and restoration costs related theretoreceive paint.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default (beyond the expiration of all applicable notice and cure periods) by Tenant as described in Section 12.01 23 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) Agreement has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance Allowances and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above5.2 of this Work Letter Agreement), and (ii) all other obligations of Landlord under the terms of this Work Letter Agreement shall be forgiven until such time as such default is cured pursuant to the EXHIBIT “C” TXXXXX XXXXX COURT, LA JOLLA terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event a default (beyond the expiration of default all applicable notice and cure periods) by Tenant as described in Section 12.01 23 of the Lease or under this Work Letter (includingAgreement, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent additional rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance Allowances disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto. EXHIBIT “C” TXXXXX XXXXX COURT, LA JOLLA
1. One (1) business day following the date of full execution and delivery of the Lease. Tenant or Architect to submit Final Working Drawings to the City of San Diego for all applicable Permits.
2. January 22, 2008 (subject, however, to the last paragraph of Section 5.2 above). Tenant to obtain all applicable Permits.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, written notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) or the Lease has occurred at any time on or before the Substantial Completion substantial completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord 37849147v5 may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, Date for any reason due to an event of a default by Tenant as described in Section 12.01 Article 22 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.055.4), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work LetterLetter (including, without limitation, the remedies available to Landlord pursuant to California Civil Code Section 1951.2), and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord; provided, however, that if Landlord does not demolish but instead retains the Tenant Improvements constructed with such disbursed portion of the Tenant Improvement Allowance, then Tenant shall not be liable for such disbursement) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Work Letter, if an event of any default (beyond any applicable notice and cure periods) by Tenant as described in Section 12.01 of under the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall includeincluding, without limitation, the delivery any failure by Tenant to Landlord of fund any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction portion of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the LeaseOver-Allowance Amount) has occurred occurs at any time on or before the Substantial Completion of the PremisesImprovements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Premises Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 aboveImprovements and any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which casethis Lease. A. February 26, Tenant shall 2008 Final Space Plan with respect to floors 1, 5 and 6 to be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default completed by Tenant as described in Section 12.01 of the Lease or under this Work Letter (includingand delivered to Landlord. B. March 18, without limitation2008 Final Space Plan with respect to floors 2, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall 3 and 4 to be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default completed by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay delivered to Landlord, as Additional Rent under the Lease, within five . C. Five (5) Business Days business days after Tenant’s the receipt of the Cost Proposal by Tenant Tenant to approve Cost Proposal and deliver Cost Proposal to Landlord. The following Premise Improvements Standards and LEED Tenant Design and Construction Guidelines identify the minimum quality for items used in the construction of Premise Improvements at the property identified above. All new Premise Improvement work associated with the project identified above shall comply with this Building Standard for a statement thereforminimum quality of material and general design guidelines and the LEED Tenant Improvement Guidelines for specific design criteria, any product specifications and all costs incurred by Landlord means and methods to be employed during the execution of the work.
a. 35/8" × 25 min. gauge metal studs @ 16" on center.
b. 1 layer each side 5/8" thick type 'x' gypsum wallboard (including any where required).
c. From floor slab to underside of concrete and metal deck floor/roof structure.
d. R11 batt sound insulation in partition cavity (portion of walls—corridor, bathrooms & some office). .
e. Partition taped and sanded smooth to receive paint.
f. Fire caulk @ partition and metal deck as required by City of San Diego.
g. Provide minimum opening above ceiling as required for return air, with sound boots.
a. 21/2" × 25 gauge metal studs @ 24" on center.
c. Diagonal Bracing: 21/2" × 25 gauge metal studs at 45 degree diagonal to structure above staggered @ 4'-0" on center, and at door openings.
d. Partition taped and sanded smooth to receive paint to a minimum of Level 4 finish.
e. Metal corner bead at terminations of partitions and at the Tenant Improvement Allowance disbursed by Landlord) ceiling.
f. All demising walls and not reimbursed or otherwise paid by Tenant through the date tenant conference room walls to receive R-11 batt insulation within partition cavity and four foot on either side of such termination in connection partition over ceiling.
a. Same as demising partition with the Tenant Improvements fire dampers as required for penetrations and return air.
b. Type X 5/8" wallboard shall be fire taped where fire ratings are required.
a. 21/2" × 25 gauge metal studs @ 16" on center.
c. Heights vary to the extent plannedmaximum of 68" above floor.
d. Metal corner beads at all exposed corners.
e. Partition taped and sanded smooth to receive paint to a minimum of Level 4 finish.
f. Pipe support at free end within partition cavity and every 4' on center.
a. Below glazing sill and above glazing head, installed and/or constructed as of such date of termination, including, but not limited to, any costs related 1 layer 5/8" thick gypsum wallboard.
b. Taped and sanded smooth to the removal of all or any portion of the Tenant Improvements and restoration costs related theretoreceive paint.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision terms to the contrary contained in the this Lease, if an event Tenant is in Default of default by Tenant as described in Section 12.01 of the this Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall includeincluding, without limitation, the delivery by this Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the LeaseWork Letter) has occurred at any time on or before the Substantial Completion completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven suspended until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion completion of the Premises Tenant Improvements caused by such inaction by Landlord as a Tenant DelayLandlord). In additionNotwithstanding the forgoing, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately. Landlord: Xxxxx Tech Investors llc Tenant: Trident Microsystems, Inc. Lease Date: March 5, 2010 Premises: Located at Tenant hereby accepts the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, Premises as Additional Rent being in the condition required under the Lease, within five (5but subject to Landlord’s obligations under Paragraph 10(b) Business Days after of the Lease. The Commencement Date of the Lease is hereby established as , 20___ and the Expiration Date is , 20___. Tenant’s receipt : Trident Microsystems, Inc., a Delaware corporation By: Name: Title: Approved and Agreed: Xxxxx Tech Investors llc, a Delaware limited liability company By: TPI Equity REIT Operating Partnership LP, its sole member By: TPI Equity REIT Operating Partnership GP llc, its general partner By: Name: Title: This exhibit, entitled “Rules and Regulations,” is and shall constitute Exhibit D to the Lease Agreement, dated as of the Lease Date, by and between landlord and Tenant for the Premises. The terms and conditions of this Exhibit D are hereby incorporated into and are made a statement thereforpart of the Lease. Capitalized terms used, but not otherwise defined, in this Exhibit D have the meanings ascribed to such terms in the Lease.
1. Tenant shall not use any and all costs incurred method of heating or air conditioning other than that supplied by Landlord (including any portion without the consent of Landlord.
2. All window coverings installed by Tenant and visible from the outside of the building require the prior written approval of Landlord.
3. Tenant Improvement Allowance disbursed by Landlord) and shall not reimbursed use, keep or otherwise paid by Tenant through permit to be used or kept any foul or noxious gas or substance or any flammable or combustible materials on or around the date of such termination in connection with the Tenant Improvements Premises, except to the extent plannedthat Tenant is permitted to use the same under the terms of Paragraph 32 of the Lease.
4. Tenant shall not alter any lock or install any new locks or bolts on any door at the Premises without the prior consent of Landlord.
5. Tenant shall park motor vehicles in parking areas designated by Landlord except for loading and unloading. During those periods of loading and unloading, installed and/or constructed Tenant shall not unreasonably interfere with traffic flow around the Building or the Project and loading and unloading areas of other tenants. Tenant shall not park motor vehicles in designated parking areas after the conclusion of normal daily business activity.
6. Tenant shall not disturb, solicit or canvas any tenant or other occupant of the Building or the Project and shall cooperate to prevent same.
7. No person shall go on the roof without Landlord’s permission.
8. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building, to such a degree as to be objectionable to Landlord or other tenants, shall be placed and maintained by Tenant, at Tenant’s expense, on vibration eliminators or in noise-dampening housing or other devices sufficient to eliminate noise or vibration.
9. All goods, including material used to store goods, delivered to the Premises of Tenant shall be immediately moved into the Premises and shall not be left in parking or receiving areas overnight.
10. Tractor trailers which must be unhooked or parked with dolly wheels beyond the concrete loading areas must use steel plates or wood blocks under the dolly wheels to prevent damage to the asphalt paving surfaces. No parking or storing of such date trailers will be permitted in the auto parking areas of terminationthe Project or on streets adjacent thereto.
11. Forklifts which operate on asphalt paving areas shall not have solid rubber tires and shall only use tires that do not damage the asphalt.
12. Tenant is responsible for the storage and removal of all trash and refuse. All such trash and refuse shall be contained in suitable receptacles stored behind screened enclosures at locations approved by Landlord.
13. Tenant shall not store or permit the storage or placement of goods or merchandise in or around the common areas surrounding the Premises. No displays or sales of merchandise shall be allowed in the parking lots or other common areas.
14. Tenant shall not permit any animals, including, but not limited to, any costs related household pets (but excluding service animals, which are permitted), to be brought or kept in or about the Premises, the Building, the Project or any of the common areas.
15. Smoking is permitted only in designated areas.
16. Tenant shall cooperate with Landlord’s efforts to obtain LEED certification for the Property, including complying with Landlord’s then-current energy saving efforts and participating in any recycling program.
17. Tenant shall report maintenance problems involving water and moist conditions to the removal Property Manager promptly and conduct its business in a manner to prevent unusual moisture conditions or mold growth.
18. Tenant shall not block or inhibit the flow of return or make up air into the HVAC system and shall maintain the Premises at a consistent temperature and humidity level in accordance with the Property Manager’s instructions.
19. Tenant shall regularly conduct cleaning and janitorial activities, especially in bathrooms, kitchens and janitorial spaces, to remove mildew and prevent moist conditions.
20. Tenant shall maintain water in all drain taps at all times. , a (“Tenant”) hereby certifies to and its successors and assigns that Tenant leases from , a (“Landlord”) approximately ___ square feet of space (the “Premises”) in pursuant to that certain Lease Agreement dated , 20___by and between Landlord and Tenant, as amended by (collectively, the “Lease”), a true and correct copy of which is attached hereto as Exhibit A. Tenant hereby certifies to , that as of the date hereof:
1. The Lease is in full force and effect and has not been modified, supplemented or amended, except as set forth in the introductory paragraph hereof.
2. Tenant is in actual occupancy of the Premises under the Lease and Tenant has accepted the same. Landlord has performed all obligations under the Lease to be performed by Landlord, including, without limitation, completion of all tenant work required under the Lease and the making of any required payments or contributions therefor. Tenant is not entitled to any portion further payment or credit for tenant work.
3. The initial term of the lease commenced , 20___ and shall expire , 20___. Tenant Improvements has the following rights to renew or extend the Term or to expand the Premises: .
4. Tenant has not paid any rentals or other payments more than one (1) month in advance except as follows: .
5. Base Rent payable under the Lease is Dollars ($ ). Base Rent and restoration costs related theretoadditional Rent have been paid through , 20___. There currently exists no claims, defenses, rights of set-off or abatement to or against the obligations of Tenant to pay Base Rent or Additional Rent or relating to any other term, covenant or condition under the Lease.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by this Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, written notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the PremisesExpansion Space, and/or any other anticipatory breach of the Lease) or an Event of Default under the Lease has occurred at any time on or before the Substantial Completion substantial completion of the PremisesExpansion Space, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Expansion Space (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises Expansion Space caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises Expansion Space caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Expansion Space Commencement Date, for any reason due to an event Event of default Default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.055.4), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Tenant Work Letter, and Letter (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.,
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Exhibit, if an event of default beyond any applicable cure period by Tenant as described in Section 12.01 of under the Lease Lease, or a default beyond any default applicable cure period by Tenant under this Work Letter (whichExhibit, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law Lease and/or in equitythis Exhibit, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Work Letter Exhibit shall be forgiven until such time as such default is cured pursuant to the terms of the Lease Lease. EXHIBIT B-1 APPROVED SPACE PLAN EXHIBIT C ACKNOWLEDGEMENT OF COMMENCEMENT DATE This Acknowledgement of Commencement Date is dated as of , 20 between DWF III GATEWAY, LLC, a Delaware limited liability company (“Landlord”), and BIOTIE THERAPIES, INC., a Delaware corporation (“Tenant”), who entered into a lease dated for reference purposes as of August 20, 2013 covering certain premises located in which caseSuites 350 and 370 of the building at 000 Xxxxxxx Xxxxxxxxx, Tenant Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx. All capitalized terms, if not defined herein, shall be responsible for any delay defined as they are defined in the Substantial Completion Lease.
1. The parties to this document hereby agree that the date of , 20 is the “Commencement Date” of the Term.
2. Tenant hereby confirms the following:
(a) That it has accepted possession of Premises caused by such inaction by Landlord as a pursuant to the terms of the Lease; and
(b) That the Tenant Delay). In addition, if the Lease is terminated prior Improvements required to be furnished according to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of in the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related theretoPremises have been Substantially Completed.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 19.1 of the Lease or any default by Tenant under this Tenant Work Letter (which, following prior written notice from Landlord and a reasonable opportunity for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Leasecure such default) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause the Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 5.2 above), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days business days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto. EXHIBIT B- 4 - GENESIS SSF - TWO TOWER PLACEArsenal Biosciences, Inc.[Execution Original] -1- [Execution Original] -2- [Execution Original] Exterior hardscape and landscape, including site lighting, sidewalks, site curbs, miscellaneous site furnishings Foundation and enclosure for Landlord provided emergency generator At-grade shipping/receiving area Steel superstructure consisting of steel columns, beams, brace frames and concrete slab on composite metal deck, with live load capacity of 100 psf (non-reducible) + 17 psf partitions at lab areas and 80 psf (reducible) + 17 psf at office areas. Type 1A construction; code required fireproofing with firesafing at the edge of slab of each floor Lateral seismic system utilizing brace frames and perimeter moment frames. Importance factor 1.0 Roof Screen Floor-to-floor height 13’-0” typical for floors 2-20; 18’-0” at 1st floor and 14’-0” at 21st floor Structural Bay varies: 29’-6” x 35’-0” average Stairs and stair enclosures per code requirements Roof penthouse access Window washing system Single ply thermoplastic roof membrane (Sika Sarnafil G410 Energysmart Roof Membrane) with walking pads Rigid insulation, flashing, and sealants Glazed aluminum curtain wall system with aluminum sunshade fins and aluminum louvers Plaster finish at first floor service areas and roof penthouse Building entrances and openings Main Lobby with reception/security desk, seating area, and enhanced fireplace design First floor common conference rooms. Various sizes: 12 seat, 14 seat, 18 seat 20 seat First floor Fire Command Room, Mail Room, Building Security Room Main Electrical room and Main Emergency Electrical Room First floor at-grade shipping and receiving loading dock and service entry Telecommunications Main Point of Entry (Tel/MPOE) room Telecom room on each tenant floor for house providers. Passenger elevator service room and elevator control panel room Plumbing equipment (Lab Utilities) room Six (6) passenger elevators. Capacity: 3,500 lbs.: Speed 350 fpm One (1) service elevators. Capacity: 5,000 lbs.: Speed 350 fpm No elevator access to Roof -1- [Execution Original] Restroom Cores: one (1) set per floor including Men’s and Women’s Restrooms with ceramic tiles floors and wet walls, solid surface countertops, toilet partitions, hard lid ceiling with downlights, and low-flow plumbing fixtures Janitor Closet: one (1) per floor Full height, sound attenuated wall construction at restroom core to underside of slab Emergency Power Electrical Rooms: two (2) per floor Normal Power Electrical Room: one (1) per floor Telecomm / Base Building IDF Room: one (1) per floor Shaft enclosures for Base Building system risers Wet fire protection system (risers, distribution piping and sprinkler heads throughout) Fire extinguishers in semi-recessed wall cabinets at core areas Fire safing at Base Building vertical penetrations per code requirement, including penetrations for mechanical, electrical, and plumbing systems Fire Alarm Building supplied lab air compressors on Emergency Power with branch lines to each floor Building supplied lab vacuum pumps on Emergency Power with branch lines to each floor Building supplied domestic water heaters Natural gas for building boilers only, not available for Tenant use Domestic hot and cold water service provided at each floor with water meter Lab waste and lab waste vent provided for each floor with capped branches Sanitary waste and vent systems provided at each floor
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 19.1 of the Lease or any uncured default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above)Premises, and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay)Lease. In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease Agreement (Zendesk, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 of under the Lease or any a default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion substantial completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event Event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default Default by Tenant under the Lease or a default under this Tenant Work Letter, and (B) in addition to any other remedies available to Landlord under the Lease, at law and/or in equity, Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto. THIS MEMORANDUM is entered into as of , by and between PRU/SKS XXXXXXX ASSOCIATES, LLC, a Delaware limited liability company (“Landlord”), and INMOBI INC., a Delaware corporation (“Tenant”), with respect to that certain Office Lease dated as of , 20 (the “Lease”) respecting certain premises (the “Premises”) located in the building known as 000 Xxxxxxx Xxxxxx, San Francisco, California. Pursuant to Paragraph 2(a) of the Lease, Landlord and Tenant hereby confirm and agree that the Commencement Date (as defined in the Lease) is , 20 and that the Expiration Date (as defined in the Lease) is , 20 . This Memorandum supplements, and shall be a part of, the Lease.
Appears in 1 contract
Samples: Sublease Agreement (Invitae Corp)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by this Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, provided that Landlord has provided to Tenant written notice of such default and a reasonable opportunity to cure) or the delivery by Tenant to Landlord Lease (beyond the expiration of any oral or written, including electronic, all applicable notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Leaseand cure periods) has occurred at any time on or before the Substantial Completion substantial completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Work Letter (includingLease, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days business days after Tenant’s 's receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto. LEVEL FIVE SCHEDULE 1 -1- Execution Original LEVEL SIX SCHEDULE 1 -2- Execution Original – General Contractor G702/703 - e-mailed copy signed and notarized – Subcontractor G702/703 or equivalent for each sub (Copies of signed & notarized) – Copies of executed Change Orders or executed Schedule of Values ("SOV") change authorizations (pre GMP) – Unconditional Lien Releases from GC and Subs for prior payment (Civil Code § 8134) required before current payapp funding will be released; review and payapp approval will occur without the prior payapp unconditional lien releases but funding will not – Conditional Lien Releases from GC and Subs for payment request (Civil Code § 8132) – Releases from suppliers of materials or equipment of any purchase money security interests – Stored Material Inventory with appropriate backup (bills of sale, evidence of insurance {with Owner as Certificate Holder and standard additional insureds}, confirmation of location, Affidavit, etc.) – Change Order Log (need to include all pending change orders and status tracking) – Clarification of self-performed vs. subcontracted work – List of all subcontractors – List of contracts/subcontracts entered into since the last request – Changes to SOV Values must be authorized by Owner either through an executed Change Order or an executed letter of authorization (pre GMP). Payapps submitted with unauthorized SOV changes on G703’s will not be accepted. The General Contractor shall provide all items to Landlord's Representative directly. EXHIBIT C This CONFIRMATION OF LEASE TERMS/AMENDMENT TO LEASE ("Confirmation/Amendment") is made and entered into effective as of _________________, 20__, by and between AP3-SD1 CAMPUS POINT LLC, a Delaware limited liability company ("Landlord") and _______________, a ____________ ("Tenant").
Appears in 1 contract
Samples: Lease (Tocagen Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of under the Lease Lease, or any a default by Tenant under this Work Letter (whichExhibit, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, (i) Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Work Letter Exhibit shall be forgiven until such time as such default is cured pursuant to the terms of the Lease. This Acknowledgement of Commencement Date is dated as of , 2012 between DWF III Gateway, LLC, a Delaware limited liability company (“Landlord”), and Accesia, Inc., a Virginia corporation (“Tenant”), who entered into a lease dated for reference purposes as of , 2012,covering certain premises located in Suite 200 of the Building at 000 Xxxxxxx Xxxxxxxxx, Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx. All capitalized terms, if not defined herein, shall be defined as they are defined in the Lease.
1. The parties to this document hereby agree that the date of , is the “Commencement Date” of the Term.
2. Tenant hereby confirms the following:
(a) That it has accepted possession of Leased Premises pursuant to the terms of the Lease; and
(b) That the Tenant Improvements required to be furnished according to the Lease (by Landlord in the Leased Premises have been Substantially Completed.
3. This agreement, each and all of the provisions hereof, shall inure to the benefit, or bind, as the case may require, the parties hereto, and their respective heirs, successors, and assigns subject to the restrictions upon assignment and subletting contained in the Lease.
4. Each party represents and warrants to the other that it is duly authorized to enter into this Amendment and perform its obligations without the consent or approval of any other party and that the person signing on its behalf is duly authorized to sign on behalf of such party.
5. This document may be executed in one or more counterparts, including any facsimile or other electronic version of same, each of which caseshall be deemed an original, but all of which when taken together shall constitute one agreement. Any facsimile or other electronic signature shall constitute a valid and binding method for executing this document. Executed counterparts of this document exchanged by facsimile transmission or other electronic means shall be fully enforceable. LANDLORD: TENANT: DWF III Gateway, LLC, a Delaware limited liability company Accesia, Inc., a Virginia corporation By: Divco West Real Estate Services, Inc., By: a Delaware corporation Name: Its Agent Its: By: Name: Its: All capitalized terms referred to in this Exhibit shall have the same meaning provided in the Office Lease to which this Exhibit is attached, except where expressly provided to the contrary in this Exhibit E.
1. No sidewalks, entrance, passages, courts, elevators, vestibules, stairways, corridors or halls shall be obstructed or encumbered by Tenant or used for any purpose other than ingress and egress to and from the Leased Premises and if the Leased Premises are situated on the ground floor of the Building, Tenant shall be responsible for any delay further, at Tenant’s own expense, keep the sidewalks and curb directly in the Substantial Completion front of the Leased Premises caused by such inaction by Landlord as a Tenant Delay)clean and free from rubbish.
2. In addition, if the Lease is terminated prior No awning or other projection shall be attached to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 outside walls or windows of the Lease Building or under this Work Letter (includingComplex without the prior written consent of Landlord in its sole and absolute discretion. No curtains, without limitationblinds, any anticipatory breach described above in this Section 6.05)shades, then (A) Tenant drapes or screens shall be liable attached to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterhung in, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination used in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all window or any portion door of the Leased Premises, without the prior written consent of Landlord in its sole and absolute discretion. Such awnings, curtains, blinds, shades, drapes, screens and other fixtures must be of a quality, type, design, color, material and general appearance approved by Landlord, and shall be attached in the manner approved by Landlord in its sole and absolute discretion. All lighting fixtures hung in offices or spaces along the perimeter of the Leased Premises must be of a quality, type, design, bulb color, size and general appearance approved by Landlord.
3. No sign, advertisement, notice, lettering, decoration or other thing shall be exhibited, inscribed, painted or affixed by Tenant Improvements on any part of the outside or inside of the Leased Premises or of the Building, without the prior written consent of Landlord in its sole and restoration costs related theretoabsolute discretion. In the event of the violation of the foregoing by Tenant, Landlord may remove same without any liability, and may charge the expense incurred by such removal to Tenant.
4. The sashes, sash doors, skylights, windows and doors that reflect or admit light or air into the halls, passageways or other public places in the Building or Complex shall not be covered or obstructed by Tenant, nor shall any bottles, parcels or other articles be placed on the window xxxxx or in the public portions of the Building or Complex.
5. No show cases or other articles shall be put in front of or affixed to any part of the exterior of the Building or Complex, nor placed in public portions thereof without the prior written consent of Landlord.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 19.1 of the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above5.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In in addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of of’ such termination in connection with the Tenant Improvements improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Office Lease (Cafepress Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 of under the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above5.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event Event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default Default by Tenant under the Lease or a default under this Tenant Work Letter, and (B) in addition to any other remedies available to Landlord under the Lease, at law and/or in equity, Tenant shall pay to Landlord, as Additional Rent under the Lease, within five thirty (530) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including excluding, however, the amount of any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of actually paid or incurred by Landlord in removing all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision terms and conditions to the contrary contained in the this Lease, if an event of default by Tenant a Default as described in Section 12.01 Article 19 of the this Lease or any a material default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, beyond the delivery by Tenant to Landlord of any oral or written, including electronic, applicable notice instructing Landlord to cease the design and/or construction and cure period set forth in Article 19 of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) Lease has occurred at any time on or before the Substantial Completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment disbursement of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to EXHIBIT D [Electronic Arts] cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms and conditions of this Tenant Work Letter shall be forgiven suspended until such time as such default Default is cured pursuant to the terms and conditions of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, provided, however, that notwithstanding any other provisions of this Lease, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default a Default by Tenant as described in Section 12.01 of the Lease is cured, forgiven or under this Work Letter (includingwaived, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant Landlord’s suspended obligations shall be liable to Landlord for all damages available to Landlord pursuant to the Lease fully reinstated and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterresumed, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related theretoeffective immediately.
Appears in 1 contract
Samples: Office Lease (Electronic Arts Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary ---------------------- contained in the Lease, if an event of default a Default by Tenant as described in Section 12.01 21.1 of the Lease Lease, or any a default by Tenant under this Work Letter (whichLetter, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premisesoccurred, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, case Tenant shall be responsible for any delay in the Substantial Completion completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above5 of this Work Letter), and (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease Lease. SCHEDULE A ---------- TIME DEADLINES -------------- Dates Actions to be Performed ----- -----------------------
A. February 8, 2000 Final Space Plan to be completed ---------------- by Tenant and delivered to Landlord.
B. February 22, 2000 Tenant to deliver Final ----------------- Construction Drawings to Landlord.
C. Five business days after the receipt Tenant to approve Cost Proposal of the Cost Proposal by Tenant. and deliver Cost Proposal to Landlord. EXHIBIT 3 --------- RULES AND REGULATIONS ---------------------
1. No sign, placard, picture, advertisement, name or notice shall be inscribed, displayed or printed or affixed on or to any part of the outside or inside of the Building by Tenant without the written consent of Landlord first had and obtained and Landlord shall have the right to remove any such sign, placard, picture, advertisement, name or notice without notice to and at the expense of Tenant. All approved Tenant signs or lettering on or adjacent to doors shall be printed, painted, affixed or inscribed at the expense of Tenant by a person approved of by Landlord. Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises or not be in keeping with the window treatment of the Building.
2. Tenant shall not obtain for use upon the Premises ice, drinking water, towel and other similar services or accept barbering or bootblack services on the Premises, except from persons authorized by Landlord and at the reasonable hours and under reasonable regulations fixed by Landlord.
3. The bulletin board or directory of the Building will be provided for the display of the name and location of tenants only and Landlord reserves the right to exclude any other names therefrom.
4. The sidewalks, adjacent streets, arcades, landscaping areas, hallways, passages, exits, entrances, elevators, stairways and other common areas shall not be obstructed by Tenants or used by Tenant for any purpose including the display or sale of merchandise, other than for ingress to and egress from the Premises. The hallways, passages, exits, entrances, elevators, stairways, balconies and roof are not for the use of the general public and Landlord shall in all cases retain the right to control and prevent access thereto by all persons whose presence in the judgment of Landlord shall be prejudicial to the safety, character, reputation and interests of the Property and its tenants, provided that nothing herein contained shall be construed to prevent such access to persons with whom Tenant normally deals in the ordinary course of Tenant's business unless such persons are engaged in illegal activities. Neither Tenant nor any employees or invitees of Tenant shall go upon the roof of the Building.
5. Tenant shall not alter any lock nor install any new or additional locks or any bolts on any door of the Premises.
6. The toilet rooms, urinals, wash bowls and the other apparatus shall not be used for any purpose other than that for which they were constructed and no foreign substance of any kind whatsoever shall be thrown therein and the expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne the tenant who, or whose employees or invitees shall have caused it.
7. Tenant shall not overload the floor of the Premises or in any way deface the Premises or any part thereof.
8. No furniture, freight or equipment of any kind shall be brought into the Building without the consent of Landlord and all moving of the same into or out of the Building shall be done at such time and in such manner as Landlord shall designate. Landlord shall have the right to prescribe the weight, size and position of all safes and other heavy equipment brought into the Building and also the times and manner of moving the same in and out of the Building. Safes or other heavy objects shall, if considered necessary by Landlord, stand on wood strips of such thickness as is necessary to properly distribute the weight. Landlord will not be responsible for loss of or damage to any such safe or property from any cause and all damage done to the Building or Property by moving or maintaining any such safe or other property shall be repaired at the expense of Tenant.
9. Tenant shall not employ any person or persons other than the janitor of Landlord for the purpose of cleaning the Premises unless otherwise agreed to by Landlord. Except with the written consent of Landlord, no person or persons other than those approved by Landlord shall be permitted to enter the Building for the purpose of cleaning the same. Tenant shall not cause any unnecessary labor by reason of Tenant's carelessness or indifference in the preservation of good order and cleanliness. Landlord shall in nowise be responsible to any Tenant for any loss of property on the Premises, however occurring, or for any damage done to the effects of any Tenant by the janitor or any other employee or any other person. Janitor service shall include ordinary dusting and cleaning by the janitor assigned to such work and shall not include cleaning of carpets or rugs, except normal vacuuming, or moving of furniture or other special services.
10. Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Building or Property by reason of noise, odors and/or vibrations, or interfere in any way with other lessees or those having business therein, nor shall any animals (except seeing-eye dogs and other animals assisting physically challenged individuals), birds, bicycles or other vehicles, be brought in or kept in or about the Premises, Building or Property.
11. No cooking shall be done or permitted by any Tenant on the Premises, nor shall the Premises be used for the storage of merchandise, for washing clothes, for lodging, or for any improper, objectionable or immoral purposes. Notwithstanding the foregoing, a tenant may prepare coffee and similar beverages and warm typical luncheon items for the consumption of such tenant's employees and invitees.
12. Tenant shall not use or keep in or about the Premises, the Building or Property any kerosene, gasoline or inflammable or combustible fluid or material, toxic or hazardous substance, or use any method of heating or air conditioning other than that supplied by Landlord. The foregoing notwithstanding, Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials, which caseproducts are of a type customarily found in offices and houses (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover, and the like) on the Premises provided that Tenant shall handle, store, use and dispose of any such Hazardous Materials in a safe and lawful manner and shall not allow such Hazardous Materials to contaminate the Premises, the Building, the Property or the environment.
13. Landlord will direct electricians as to where and how telephone and equipment wires are to be introduced. No boring or cutting for wires will be allowed without the consent of Landlord. The location of telephones, call boxes and other office equipment affixed to the Premises shall be subject to the approval of Landlord.
14. Tenant, upon the termination of its tenancy, shall deliver to Landlord the keys of offices, rooms and toilet rooms which shall have been furnished Tenant or which Tenant shall have had made, and in the event of loss of any keys so furnished, shall pay Landlord therefor.
15. Tenant shall not lay linoleum, tile, carpet or other similar floor covering so that the same shall be affixed to the floor of the Premises in any manner except as approved by Landlord. The expense of repairing any damage resulting from a violation of this rule shall be borne by Tenant.
16. No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the elevators, except between such hours and in such elevators as shall be designated by Landlord.
17. On Saturdays, Sundays and Holidays (as defined in the Lease), and on other days between the hours of 6:00 p.m. and 8:00 am. the following day, access to the Building, or to the hallways, elevators or stairways in the Building, or to the Premises may be refused unless the person seeking access is known to the person or employee of the Building in charge and has a pass or is properly identified. The Landlord shall in no case be liable for damages for any error with regard to the admission to or exclusion from the Building or Property of any person. In case of invasion, mob, riot, demonstrations, public excitement, or other commotion, Landlord reserves the right to prevent access to the Building or Property during the continuance of the same by closing the doors or otherwise, for the safety of the tenants and protection of the Building and Property and the property therein.
18. All corridor doors shall remain closed at all times. Tenant shall see that the doors of the Premises are closed and securely locked before leaving the Building and must observe strict care and caution that all water faucets or water apparatus are entirely shut off before Tenant or Tenant's employees leave the Building, and that all electricity shall likewise be carefully shut off, so as to prevent waste or damage, and for any default or carelessness Tenant shall be responsible for all injuries sustained by Landlord or other tenants or occupants of the Property.
19. Landlord reserves the right to exclude or expel from the Building or Property any delay person who, in the Substantial Completion judgment of Landlord, is intoxicated or under the influence of liquor or drugs, or who shall in any manner do any act in violation of any of the rules and regulations of the Property.
20. The requirements of Tenant will be attended to only upon application at the Office of the Building. Employees of Landlord shall not perform any work or do anything outside of their regular duties unless under special instructions from Landlord, and no employee will admit any person (Tenant or otherwise) to any office without specific instructions from Landlord.
21. No vending machine or machines of any description shall be installed, maintained or operated upon the Premises without the written consent of Landlord.
22. Landlord shall have the right, exercisable without notice and without liability to Tenant, to change the name and the street address of the Building and/or Property.
23. Tenant shall not disturb, solicit, or canvass any occupant of the Property and shall cooperate to prevent same.
24. Without the written consent of Landlord, Tenant shall not use the name of the Building or Property in connection with or in promoting or advertising the business of Tenant except that the name of the Building may be used as part of the Tenant's business address.
25. Tenant shall refrain from dumping, disposal, reduction, incineration or other burning of any trash, papers, refuse or garbage of any kind in or about the Premises, the Building or Property, and shall store all such trash in suitable containers as determined from time to time by Landlord located so as not to be visible or otherwise a nuisance to customers or invitees of the Property, and so as not to create or permit any health or fire hazard. Tenant shall pay, as Additional Rent, any charges for its trash removal not charged to Tenant under Sections 4 or 6 of this Lease.
26. Tenant shall not waste electricity, water or air conditioning. All controls shall be adjusted only by authorized Building personnel.
27. Tenant shall not utilize any equipment or apparatus in such manner as to create any magnetic fields or waves which adversely affect or interfere with the operation of any systems or equipment in the Building.
28. Landlord reserves the right to make such other and further reasonable rules and regulations as in its judgment may be for the safety, care and cleanliness of the Premises caused and for the preservation of good order therein. Tenant agrees to abide by all such inaction rules and regulations hereinabove stated and any additional reasonable rules and regulations which are adopted. EXHIBIT 4 --------- [INSERT NAME OF BANK] --------------------- [Insert Date] USVIB Holding LLC c/o VIB Management, Inc. 000 Xxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Dear Sirs: We hereby issue in your favor our Irrevocable Letter of Credit No. __________ of account of Noosh, Inc. for the sum of U.S. $100,000.00 (One Hundred Thousand and No/100 Dollars) which is available against your sight draft(s) drawn on us accompanied by a statement reading as follows: Tenant is in default under Lease, dated __________ __, 2000, between LaSalle National Bank, as Landlord, and Noosh, Inc., as Tenant (as heretofore or hereinafter amended, the "Lease"), and Landlord as is entitled to draw upon this Letter of Credit. It is a Tenant Delay)condition of this Letter of Credit that it will be automatically extended for periods of one (1) year from the present or any future expiration date. In additionthe event we do not extend this Letter of Credit, if the Lease is terminated we shall notify you in writing, by certified mail, return receipt requested, at least sixty (60) days' prior to the Lease Commencement Datethen present expiration date. In the event that we notify you that we elect not to extend this Letter of Credit, for any reason due to an event you may draw hereunder by means of default by Tenant as described in Section 12.01 your draft without presentation of the Lease foregoing statement or under this Work any additional documentation. This Letter (includingof Credit is transferable to any person or party to whom you assign your interest, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to as Landlord, as Additional Rent under the Lease. Partial drawings are authorized under this Letter of Credit. We hereby agree that drafts drawn in accordance with the terms stipulated herein will be duly honored upon presentation and delivery of documents as specified if presented to [Insert Name of Bank] at our office at ___________________________________, within five Chicago, Illinois on or before _________________, or any automatically extended expiration date. In no event will this letter of credit be extended beyond [insert date that is thirty (530) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion days following the Expiration Date of the Tenant Improvement Allowance disbursed by Lease]. Except so far as is otherwise stated, this Irrevocable Letter of Credit is subject to the Uniform Custom and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication Number 500. Very truly yours, ____________________________ Authorized Signature EXHIBIT 4 - Page 3 EXHIBIT 5 --------- CONFIRMATION OF LEASE TERM DATES -------------------------------- To: Noosh, Inc. 0000 Xxxxxxxx Xxxxxx Xxxxxxxx X Xxxx Xxxx, Xxxxxxxxxx 00000 Re: Lease dated February ____, 2000 ("Lease") between LaSalle National Bank, not personally, but solely as Trustee under Trust Agreement dated May 1, 1989, and known as Trust No. 114400 ("Landlord") and not reimbursed or otherwise paid by Tenant through Noosh, Inc. ("Tenant") concerning Suite 2650 on the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion twenty-sixth (26th) floor of the Tenant Improvements and restoration costs related theretobuilding located at 000 Xxxx Xxxxxxx, Xxxxxxx, Xxxxxxxx.
Appears in 1 contract
Samples: Office Space Lease (Noosh Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 19.1 of the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause the Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 5.2 above), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days business days after Tenant’s 's receipt of a statement therefor, any and all out-of-pocket costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto. 4845-8006-8327.4 374622.00156/6-30-21/MLT/bp EXHIBIT B -4- GENESIS XXXXXXXXX AT 5510 [Kura Oncology, Inc.] 4845-8006-8327.4 374622.00156/6-30-21/MLT/bp SCHEDULE 1 -1- GENESIS XXXXXXXXX AT 5510 [Kura Oncology, Inc.] 4845-8006-8327.4 374622.00156/6-30-21/MLT/bp SCHEDULE 1 -2- GENESIS XXXXXXXXX AT 5510 [Kura Oncology, Inc.] EXHIBIT C This CONFIRMATION OF LEASE TERMS/AMENDMENT TO LEASE ("Confirmation/Amendment") is made and entered into effective as of _________________, 20__, by and between BP3-SD5 0000 XXXXXXXXX XXXXX LLC, a Delaware limited liability company ("Landlord") and KURA ONCOLOGY, INC., a Delaware corporation ("Tenant").
Appears in 1 contract
Samples: Lease (Kura Oncology, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the this Lease, if an event of default by Tenant Default as described in Section 12.01 19.1 of the this Lease or any default a Default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion substantial completion of the Tenant Improvements in the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Tenant Improvements in the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default Default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Tenant Improvements in the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). EXHIBIT B -10- [SAN XXXXXX CORPORATE CENTER] [BIOMARIN PHARMACEUTICAL INC.] [Tenant-Controlled Build-Out] To: Re: Lease dated , 20 between , a (“Landlord”), and , a (“Tenant”) concerning Suite on floor(s) of the office building located at , , California. Gentlemen: In addition, if accordance with the Lease is terminated prior (the “Lease”), we wish to advise you and/or confirm as follows:
1. The Lease Term shall commence on or has commenced on for a term of ending on .
2. Rent commenced to accrue on , in the amount of .
3. If the Lease Commencement DateDate is other than the first day of the month, the first billing will contain a pro rata adjustment. Each billing thereafter, with the exception of the final billing, shall be for the full amount of the monthly installment as provided for in the Lease.
4. Your rent checks should be made payable to at .
5. The exact number of rentable square feet within the Premises is square feet. EXHIBIT C -1- [SAN XXXXXX CORPORATE CENTER] [BIOMARIN PHARMACEUTICAL INC.]
6. Tenant’s Share of Building Expenses is %. Tenant’s Share of Project Expenses is %. “Landlord”: , a By: Its: Agreed to and Accepted as of , 20 . “Tenant”: , a By: Its: Tenant shall faithfully observe and comply with the following Rules and Regulations. Landlord shall not be responsible to Tenant for the nonperformance of any reason due of said Rules and Regulations by or otherwise with respect to an the acts or omissions of any other tenants or occupants of the Project. In the event of default by Tenant as described in Section 12.01 any conflict between the Rules and Regulations and the other provisions of this Lease, the Lease or under latter shall control.
1. Upon the termination of this Work Letter (includingLease, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable return to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason keys of a default by Tenant under the Lease or this Work Letterstores, offices, and (B) Tenant shall pay to Landlordtoilet rooms, as Additional Rent under the Leaseeither furnished to, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid procured by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related theretoTenant.
2. Intentionally omitted.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, written notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) or the Lease has occurred at any time on or before the Substantial Completion substantial completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.055.4), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work LetterLetter (including, without limitation, the remedies available to Landlord pursuant to California Civil Code Section 1951.2), and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto. For purposes of calculating the damages available to Landlord under California Civil Code 1951.2, the Lease Commencement Date shall be deemed to be the date which the Lease Commencement Date would have otherwise occurred but for such default by Tenant.
Appears in 1 contract
Samples: Office Lease (Mitek Systems Inc)
Tenant’s Lease Default. Notwithstanding any provision TCCs to the contrary contained in the this Lease, if an event of default by Tenant as described in Section 12.01 SECTION 19.1 of the Lease Lease, or any a material default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, beyond the delivery by Tenant to Landlord of any oral or written, including electronic, applicable notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach and cure period set forth in ARTICLE 19 of the Lease) , has occurred at any time on or before the Substantial Completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms TCCs of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms TCCs of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such the inaction by Landlord as a Tenant Delayof Landlord). In addition; provided, however, that, notwithstanding any other provision of the Lease, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease is cured, forgiven or this Work Letterwaived, Landlord's suspended obligations shall be fully reinstated and (B) Tenant shall pay to Landlordresumed, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related theretoeffective immediately.
Appears in 1 contract
Samples: Lease (Vical Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Work Letter, if an event of any economic or material, non-economic default (beyond any applicable notice and cure periods) by Tenant as described in Section 12.01 of under the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall includeincluding, without limitation, the delivery any failure by Tenant to Landlord of fund any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction portion of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the LeaseOver-Allowance Amount) has occurred occurs at any time on or before the Substantial Completion substantial completion of the PremisesImprovements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above)Allowance, and (ii) all other obligations of Landlord under the terms of the Lease and this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease. To: Re: Office Lease dated , 200 between , a (“Landlord”), and , a (“Tenant”) concerning Suite on floor(s) of the office building located at , , California. Gentlemen: In accordance with the Office Lease (in which casethe “Lease”), Tenant we wish to advise you and/or confirm as follows:
1. The Lease Term shall be responsible commence on or has commenced on for any delay a term of ending on .
2. Rent commenced to accrue on , in the Substantial Completion amount of the Premises caused by such inaction by Landlord as a Tenant Delay).
3. In addition, if the Lease is terminated prior to If the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 Date is other than the first day of the Lease or under this Work Letter (includingmonth, without limitationthe first billing will contain a pro rata adjustment. Each billing thereafter, any anticipatory breach described above in this Section 6.05)with the exception of the final billing, then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or full amount of the monthly installment as provided for in equity by reason of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, .
4. Your rent checks should be made payable to at .
5. The exact number of rentable/usable square feet within five (5) Business Days after the Premises is square feet.
6. Tenant’s receipt Share as adjusted based upon the exact number of a statement therefor, any and all costs incurred by Landlord (including any portion of usable square feet within the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related theretoPremises is %.
Appears in 1 contract
Samples: Office Lease (SERVICE-NOW.COM)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under this Must-Take Space Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, written notice instructing Landlord to cease the design and/or construction of the Must-Take Space Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of Must-Take Space) or the Lease) Lease has occurred at any time on or before the Substantial Completion of the PremisesMust-Take Space Tenant Improvements and remains after the expiration of applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of cause the Tenant Improvement Allowance and/or Landlord may cause Must-Take Space Contractor to cease suspend the construction of the Premises (in which case, Must-Take Space Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above)Improvements, and (ii) all other obligations of Landlord under the terms of this Must-Take Space Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay)Lease. In addition, if the Lease is terminated prior to the Lease Must-Take Space Commencement Date, Date for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Must-Take Space Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.056.5), then (A) Tenant shall be liable in addition to Landlord for all damages any other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Must-Take Space Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Must-Take Space Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease (Polycom Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease (as amended by the First Amendment), if an event of default by Tenant as described in Section 12.01 of the Lease or any default by this Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, written notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Relocated Premises, and/or any other anticipatory breach of the Lease, as amended by the First Amendment) or the Lease (as amended by the First Amendment) has occurred at any time on or before the Substantial Completion of the Relocated Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the LeaseLease (as amended by the First Amendment), at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of cause the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Relocated Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 3.2 above), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease Lease, as amended by the First Amendment (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Relocated Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease (as amended by the First Amendment) is terminated prior to the Lease Commencement Date, for any reason Relocation Date due to an event of a default by Tenant as described in Section 12.01 19 of the Lease or under this Tenant Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.054.5), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease (as amended by the First Amendment) and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease (as amended by the First Amendment) or this Tenant Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent additional rent under the LeaseLease (as amended by the First Amendment), within five (5) Business Days business days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto. For purposes of calculating the damages available to Landlord under Section 20 of the Lease, the Relocation Date shall be deemed to be the date upon which the Relocation Date would have otherwise occurred but for such default by Tenant.
Appears in 1 contract
Samples: Commercial Industrial Lease Agreement (Everspin Technologies Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Tenant Work Letter, if an upon any event of default by Tenant as described in Section 12.01 of under the Lease or any default by this Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred occurs at any time on or before the Substantial Completion of the PremisesTenant Improvements and such default remains uncured ten (10) days following Landlord's notice of such default to Tenant, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Premises Tenant Improvements and cessation of any work required to be performed by Landlord pursuant to this Tenant Work Letter (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above), and (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delaycosts occasioned thereby). In addition- Therma - United Mechanical - Western Allied Mechanical - Pan-Pacific Mechanical - Cupertino Electric - Fxxxx Electric - Hxxxxx Electric - Mxxxxx Mxxxxxx - Xxxxxxx Electric - TL Electric - KDS Plumbing - Therma - ACCO Engineered Systems SCHEDULE 1 -0- [Xxxxxxxxx Xxxxxx Xxxxx I] [Nkarta, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.Inc.]
Appears in 1 contract
Samples: Lease (Nkarta, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 17 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above5.2 of this Work Letter), and (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 17 of the Lease or under this Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion substantial completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease (Hippo Holdings Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) Agreement has occurred at any time on or before the Substantial Completion of the PremisesNew Premises and remains after the expiration of applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease suspend the construction of the New Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the New Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above4.2 of this Work Letter Agreement), and (ii) all other obligations of Landlord under the terms of this Work Letter Agreement shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the New Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease New Premises Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (includingAgreement, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent additional rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease (Auspex Pharmaceuticals, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 19.1 of the Lease or any default (beyond all applicable notice and cure periods) by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to temporarily withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to temporarily cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 5.2 above), and (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days days after Tenant’s 's receipt of a statement therefor, any and all out-of-pocket costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease (Janux Therapeutics, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 23 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) Agreement has occurred at any time on or before the Substantial Completion completion of the PremisesTenant Improvements and remains after the expiration of applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease suspend the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Work Letter Agreement shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion completion of the Premises Tenant Improvements caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 23 of the Lease or under this Work Letter (includingAgreement, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent additional rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease (Cadence Pharmaceuticals Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the this Lease, if an event Event of default by Tenant Default as described in Section 12.01 of the Lease has occurred or if Tenant has failed to make timely payment of any default by Tenant amounts then due under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of any portion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven until excused until, as applicable, such time as such default is cured pursuant to the terms Event of Default under the Lease (in which case, has been cured or Tenant shall be responsible for has fully paid any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason amounts then due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter. This Base Building Work Letter (this “Work Letter”) is attached to and forms a part of the Office Lease (the “Lease”), by and between BA2 300 LAKESIDE LLC, a Delaware limited liability company (“Landlord”), and Pacific Gas and Electric Company, a California corporation (“Tenant”), pertaining to certain premises comprised of approximately 902,098 square feet of rentable area located in the building commonly known as 000 Xxxxxxxx, Xxxxxxx, Xxxxxxxxxx (the “Building”). Capitalized terms used herein and not otherwise defined herein have the meanings set forth in the Lease, including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason other exhibits thereto. The purpose of a default by Tenant under the Lease or this Work Letter, Letter is to set forth Landlord’s obligation to perform the work described in Schedule 1 attached hereto (the “Base Building Work”). Landlord and (B) Tenant shall pay to Landlord, agree as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.follows:
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 of under the Lease or any a default by Tenant under this Suite 100 Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred and is continuing at any time on or before the Substantial Completion substantial completion of the PremisesSuite 100 Second Expansion Space, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Suite 100 Second Expansion Space Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Suite 100 Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Suite 100 Second Expansion Space Commencement Date, for any reason due to an event Event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default Default by Tenant under the Lease or a default under this Suite 100 Tenant Work Letter, and (B) in addition to any other remedies available to Landlord under the Lease, at law and/or in equity, Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Suite 100 Second Expansion Space Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Suite 100 Second Expansion Space Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Suite 100 Second Expansion Space Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease Agreement (Imperva Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, or the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) Lease has occurred at any time on or before the Substantial Completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event Event of default Default by Tenant as described in Section 12.01 17 of the Lease or under this Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all reasonable costs (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto. For purposes of this Section 5, “Substantial Completion of the Tenant Improvements” shall mean completion of construction of the Tenant Improvements in the Premises pursuant to the Approved Working Drawings, with the exception of any punch list items.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, written notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) or the Lease has occurred at any time on or before the Substantial Completion substantial completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, Date for any reason due to an event of a default by Tenant as described in Section 12.01 Article 24 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.055.4), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work LetterLetter (including, without limitation, the remedies available to Landlord pursuant to California Civil Code Section 1951.2), and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the this Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by this Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion substantial completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the this Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion .substantial completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In additionThis Acceptance Agreement is made as of , by and between the parties hereto with regard to that certain Lease dated ,by and between M WEST PROPCO XX, LLC, a Delaware limited liability company, as Landlord (“Landlord”), and , a , as Tenant (“Tenant”), affecting those premises located at , California. The parties hereto agree as follows:
1. Landlord delivered possession of the Premises to Tenant on , with all improvements and work, if any, required of Landlord completed in a good and workmanlike manner and otherwise in the condition required under the Lease is terminated prior to and Tenant accepted possession of the Premises.
2. The Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 Date of the Lease or under this Work Letter (includingTerm for the Premises is , without limitationand the Expiration Date of Lease Term for the Premises is , any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant unless sooner terminated according to the Lease and otherwise available to Landlord at law and/or in equity by reason terms of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt .
3. Each party represents and warrants to the other that it is duly authorized to enter into this document and perform its obligations without the consent or approval of a statement therefor, any other party and all costs incurred by Landlord (including any portion of that the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date person signing on its behalf is duly authorized to sign on behalf of such termination in connection with the Tenant Improvements to the extent plannedparty. M WEST PROPCO XX, installed and/or constructed as of such date of terminationLLC, includinga Delaware limited liability company a By: Divco West Real Estate Services, but not limited toInc., any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.By: a Delaware corporation Name: Its Agent Its: By: Dated: Name: Its: Dated:
Appears in 1 contract
Samples: Office Lease (Rodgers Silicon Valley Acquisition Corp)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or at any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction time before completion of the Tenant Improvements and/or that Tenant does not intend to occupy defaults in the Premises, and/or performance of any other anticipatory breach of its obligations under this Tenant Work Letter or an Event of Default occurs under the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Rent Commencement Date, for any reason due to Date as a result of an event Event of default by Tenant as described in Section 12.01 of Default under the Lease or Tenant's default under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease (Crawford & Co)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Exhibit, if an event of default by Tenant as described in Section 12.01 of under the Lease Lease, or any a default by Tenant under this Work Letter (whichExhibit, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law Lease and/or in equitythis Exhibit, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Work Letter Exhibit shall be forgiven until such time as such default is cured pursuant to the terms of the Lease. sf-2909065 [Missing Graphic Reference] . sf-2909065 sf-2909065 sf-2909065 [Missing Graphic Reference] [Missing Graphic Reference] [Missing Graphic Reference] sf-2909065 This Acknowledgement of Commencement Date is dated as of ______________, between MSCP Capital Center Investors, LLC, a Delaware limited liability company (“Landlord”), and , and InsWeb Corporation, a Delaware corporation (“Tenant”), who entered into a lease dated for reference purposes as of December 10, 2010 covering certain premises located in Suite 250 of the building at 00000 Xxxx Xxxxxx Xxxxx, Xxxxxx Xxxxxxx, Xxxxxxxxxx. All capitalized terms, if not defined herein, shall be defined as they are defined in the Lease.
1. The parties to this document hereby agree that the date of _______________, is the “Commencement Date” of the Term.
2. Tenant hereby confirms the following:
(a) That it has accepted possession of Premises pursuant to the terms of the Lease; and
(b) That the Tenant Improvements required to be furnished according to the Lease (by Landlord in the Premises have been Substantially Completed.
3. This agreement, each and all of the provisions hereof, shall inure to the benefit, or bind, as the case may require, the parties hereto, and their respective heirs, successors, and assigns subject to the restrictions upon assignment and subletting contained in the Lease. LANDLORD: MSCP Capital Center Investors, LLC, a Delaware limited liability company By: Divco West Real Estate Services, Inc. a Delaware corporation Its Agent By: _______________________ Name: _______________________ Its: _______________________ TENANT: InsWeb Corporation, a Delaware corporation By: ______________________ Name: ______________________ Its: ______________________ Divco\Full Service Base Yr form-1 sf-2909065 EXHIBIT E – RULES AND REGULATIONS All capitalized terms referred to in this Exhibit shall have the same meaning provided in the Office Lease to which casethis Exhibit is attached, except where expressly provided to the contrary in this Exhibit E.
1. No sidewalks, entrance, passages, courts, elevators, vestibules, stairways, corridors or halls shall be obstructed or encumbered by Tenant or used for any purpose other than ingress and egress to and from the Leased Premises and if the Leased Premises are situated on the ground floor of the Building, Tenant shall be responsible for any delay further, at Tenant's own expense, keep the sidewalks and curb directly in the Substantial Completion front of the Leased Premises caused by such inaction by Landlord as a Tenant Delay)clean and free from rubbish.
2. In addition, if the Lease is terminated prior No awning or other projection shall be attached to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 outside walls or windows of the Lease Building or under this Work Letter (includingComplex without the prior written consent of Landlord in its sole and absolute discretion. No curtains, without limitationblinds, any anticipatory breach described above in this Section 6.05)shades, then (A) Tenant drapes or screens shall be liable attached to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterhung in, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination used in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all window or any portion door of the Leased Premises, without the prior written consent of Landlord in its sole and absolute discretion. Such awnings, curtains, blinds, shades, drapes, screens and other fixtures must be of a quality, type, design, color, material and general appearance approved by Landlord, and shall be attached in the manner approved by Landlord in its sole and absolute discretion. All lighting fixtures hung in offices or spaces along the perimeter of the Leased Premises must be of a quality, type, design, bulb color, size and general appearance approved by Landlord.
3. No sign, advertisement, notice, lettering, decoration or other thing shall be exhibited, inscribed, painted or affixed by Tenant Improvements on any part of the outside or inside of the Leased Premises or of the Building, without the prior written consent of Landlord in its sole and restoration costs related theretoabsolute discretion. In the event of the violation of the foregoing by Tenant, Landlord may remove same without any liability, and may charge the expense incurred by such removal to Tenant.
4. The sashes, sash doors, skylights, windows and doors that reflect or admit light or air into the halls, passageways or other public places in the Building or Complex shall not be covered or obstructed by Tenant, nor shall any bottles, parcels or other articles be placed on the window xxxxx or in the public portions of the Building or Complex.
5. No show cases or other articles shall be put in front of or affixed to any part of the exterior of the Building or Complex, nor placed in public portions thereof without the prior written consent of Landlord.
6. The restrooms, toilets, wash bowls, and other apparatus shall not be used for any purpose other than that for which they were constructed, and no sweepings, rubbish, rags or other foreign substance of any kind shall be thrown into them. The expense of any breakage, stoppage, or damage resulting from violation of this rule shall be borne by the tenant who caused, or whose agents, servants, employees, contractors, visitors or licensees caused, the breakage, stoppage, or damage.
7. Tenant shall not xxxx, paint, drill into or in any way deface any part of the Leased Premises or the Building or Complex. No boring, cutting or stringing of wires shall be permitted, except with the prior written consent of Landlord, and as Landlord may direct, in its sole and absolute discretion.
8. No animal or bird or bicycle or vehicle of any kind shall be brought into or kept in or about the Leased Premises, Building or Complex, except seeing-eye dogs or other seeing-eye animals or other animals or equipment required by any disabled employee or invitee of Tenant.
Appears in 1 contract
Samples: Office Lease (Insweb Corp)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, or the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) Lease has occurred at any time on or before the Substantial Completion of the PremisesOriginal Premises Tenant Improvements and continues after the expiration of applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of cause the Tenant Improvement Allowance and/or Landlord may cause Original Premises Contractor (as defined in the Lease) to cease suspend the construction of the Original Premises Tenant Improvements (in which case, Tenant and the Original Premises Construction Contract shall be responsible for any delay in provide that Landlord is an express third-party beneficiary with respect to the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as “suspension” and “termination” provisions set forth in Section 5.01 abovetherein), and (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven tolled until such time as such default is cured pursuant to the terms of the Lease (Lease; provided, however, if after commercially reasonable efforts Landlord is unable to cause the Original Premises Contractor to provide that Landlord is an express third-party beneficiary with respect to the “suspension” and “termination” provisions in the Original Premises Construction Contract, then Tenant shall cause the Contractor to suspend the construction of the Original Premises Tenant Improvements as soon as reasonably possible after receipt of written notice from Landlord that it is exercising its rights set forth in this Section 7.5. Tenant is responsible for ensuring that any contractor permitted to work on the demised premises purchase maintain and provide proof of insurance of a form and with companies with an A.M. Best Rating of at least A- VII and who are authorized to do business in the state(s) in which case, Tenant all aspects of the service contemplated under this agreement are to be performed. Unless otherwise stated the required insurance shall be maintained at all times during the course of Contractor’s performance under this agreement. All policy forms must provide coverage at least as broad as the current form promulgated by the Insurance Services Office (“ISO”). If no such form is available the policy is subject to approval by Owner. Before commencement of the work, the Contractor shall furnish to the Tenant, Certificates of Insurance evidencing the following coverages. It is the responsibility of the Contractor to secure evidence of required insurance coverage from any engaged sub-contractors. This requirement does not invalidate any prohibition in this agreement against the use of sub-contractors. Contractor is responsible for any delay insurance deficiency of any subcontractor. General conditions applying to all insurance coverage are that: 1) no policy shall contain a self-insured retention; 2) no policy shall contain a deductible in excess of $25,000; and 3) satisfaction of any/all deductibles shall be the Substantial Completion sole responsibility of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related theretoContractor.
Appears in 1 contract
Samples: Deed of Lease (Appian Corp)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 19.1 of the Lease Lease, or any default by Tenant under this Tenant Work Letter which is not cured within five (which5) business days’ notice), for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause the Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 5.2 above), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event Event of default Default by Tenant as described in Section 12.01 19.1 of the Lease or under this Work Letter (includingLease, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days business days after Tenant’s receipt of a statement therefor, any and all costs reasonably incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease (Kezar Life Sciences, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of a monetary default or material non-monetary default by Tenant of this Tenant Work Letter (as such event is described in Section 12.01 of 5.5 below) or the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach as such event is described in Section 25 of the Lease) has occurred and exists beyond the applicable notice and cure period set forth herein or in the Lease at any time on or before the Substantial Completion substantial completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance Allowances and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other the continuing obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven suspended until such time as such monetary default or material non-monetary default is cured pursuant to the terms of this Tenant Work Letter and the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition; provided, if the Lease however, that once such monetary default or material non-monetary default is terminated prior to the Lease Commencement Datecured, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (Landlord’s suspended obligations, including, without limitation, any anticipatory breach described above in this Section 6.05)Landlord’s obligation to disburse the Allowances, then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease fully reinstated and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterresumed, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related theretoeffective immediately.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of this Tenant Work Letter or the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion substantial completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.. TENANT IMPROVEMENT BUILDING STANDARDS -A 10/19/06 PARTITIONS
Appears in 1 contract
Samples: Office Lease (PDF Solutions Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 19.1 of the Lease or any default by Tenant under this Tenant Work Letter which is not cured within three (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to 3) days following written notice from Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and the Supplemental Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above5.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event Event of default Default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s business days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance and the Supplemental Allowance already disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Office Lease (Intervoice Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Tenant Work Letter, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under the Lease or this Tenant Work Letter (which, for purposes hereof, shall includeincluding, without limitation, the delivery any failure by Tenant to Landlord of fund any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction portion of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the LeaseOver-Allowance Amount) has occurred occurs at any time on or before the Substantial Completion substantial completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 aboveImprovements and any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (Lease; provided, however, that if it is determined with a final unappealable judgment by a court of competent jurisdiction that Tenant was not in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Tenant Work Letter, and (B) Tenant shall pay shall, subject to Landlord, as Additional Rent under Section 29.15 of the Lease, within five be entitled to recover all damages, losses, fees (5) Business Days after Tenant’s receipt of a statement thereforincluding attorneys' fees), any costs, expenses, and all costs other expenditures incurred by Tenant as a result of any conduct by Landlord pursuant to this Section 5.4. Re: Lease dated ______________, 2021 (including any portion the "Lease"), between TRIMBLE-JUNCTION VENTURES, LLC, a Delaware limited liability company ("Landlord"), and VEECO INSTRUMENTS INC., a Delaware corporation ("Tenant") concerning 300 Xxxx Xxxxxxx Xxxx, San Jose, California. Gentlemen: Capitalized terms used but not defined herein shall have the meaning set forth in the Lease. In accordance with the Lease, we wish to advise you and/or confirm as follows:
1. The Delivery Date occurred on ___________ ___, 20___.
2. The Lease Commencement Date occurred on _______________ ___, 20___.
3. The Lease Expiration Date shall be ____________ ___, 20___.
4. If the Lease Commencement Date is other than the first day of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through month, the date of such termination in connection first billing will contain a pro rata adjustment. Each billing thereafter, with the Tenant Improvements exception of the final billing, shall be for the full amount of the monthly installment as provided for in the Lease.
5. Rent is due and payable in advance on the first day of each and every month during the Lease Term. Your rent checks should be made payable to the extent planned____________________________________ at _______________________________________. "Landlord": TRIMBLE-JUNCTION VENTURES, installed and/or constructed LLC, a Delaware limited liability company By: Name: Title: Agreed to and Accepted as of such date _____________, 20__. "Tenant": VEECO INSTRUMENTS INC., a Delaware corporation By: Name: Title: Tenant shall faithfully observe and comply with the following Rules and Regulations. In the event of terminationany conflict between the Rules and Regulations and the other provisions of this Lease, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related theretolatter shall control.
Appears in 1 contract
Samples: Lease (Veeco Instruments Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default (beyond applicable notice and cure periods) by Tenant as described in Section 12.01 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion substantial completion of the Premises, then or if Landlord has notified Tenant of material breach of this Work Letter and Tenant has failed to cure such breach within five (i5) days of such notice, then, in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above), and (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delaystoppage). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Work Letter (includingLease, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days business days after Tenant’s receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant beyond any applicable notice and cure period as described in Section 12.01 19.1 of the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above5.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Office Lease (Serena Software Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Exhibit, if an event of default (beyond all applicable notice and cure periods) by Tenant as described in Section 12.01 of under the Lease or any default by Tenant under this Work Letter (whichExhibit, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law Lease and/or in equitythis Exhibit, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Work Letter Exhibit shall be forgiven until such time as such default is cured pursuant to the terms of the Lease. . EXHIBIT C EXPANSION DATE MEMORANDUM This Expansion Date Memorandum is dated as of , 20 between DWF III GATEWAY, LLC, a Delaware limited liability company (“Landlord”), and PUMA BIOTECHNOLOGY, INC., a Delaware corporation (“Tenant”), who entered into a First Amendment to Lease dated for reference purposes as of April , 2014 covering certain Expansion Premises known as Suite 250 in the 701 Gateway Project (in which casethe “First Amendment”). All capitalized terms, Tenant if not defined herein, shall be responsible for any delay defined as they are defined in the Substantial Completion First Amendment. The parties hereby agree that , 20 is the “Expansion Date” of the Premises caused by First Amendment. LANDLORD: TENANT: DWF III GATEWAY, LLC, a Delaware limited liability company PUMA BIOTECHNOLOGY, INC., a Delaware corporation By: Divco West Real Estate Services, Inc., By: a Delaware limited liability company Name: Its Agent Its: By: Name: Its: EXHIBIT D OUTLINE OF THE TEMPORARY SPACE Exhibit D is intended only to show the general layout of the Temporary Space. The depiction of interior windows, cubicles, modules, furniture and equipment in this Exhibit is for illustrative purposes only, but does not mean that such inaction by items exist. Landlord as a Tenant Delay)is not required to provide, install or construct any such items. In addition, if It does not in any way supersede any of Landlord’s rights set forth in the Lease is terminated prior with respect to the Lease Commencement Date, for any reason due to an event arrangements and/or locations of default by Tenant as described in Section 12.01 public parts of the Lease Building. It is not to be scaled; any measurements or under this Work Letter (includingdistances shown should be taken as approximate. The inclusion of elevators, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease stairways electrical and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Lettermechanical closets, and (B) Tenant shall pay to Landlord, as Additional Rent under other similar facilities for the Lease, within five (5) Business Days after Tenant’s receipt benefit of a statement therefor, any and all costs incurred by Landlord (including any portion occupants of the Tenant Improvement Allowance disbursed by Landlord) and Building does not reimbursed or otherwise paid by Tenant through the date of mean such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion items are part of the Tenant Improvements and restoration costs related theretoTemporary Space.
D-1 EXHIBIT E TEMPORARY SPACE FURNITURE Quantity Description 30 desk chairs 2 smaller desk chairs 2 conference tables 14 small office chairs (square)
Appears in 1 contract
Samples: Lease
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 19.1 of the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above5.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
1. September 27, 2004. Landlord to provide CAD drawings to Tenant of the Premises.
2. October 4, 2004. Final Space Plan to be completed by Tenant and delivered to Landlord.
3. October 6, 2004. Landlord to provide Tenant with approval or disapproval of the Final Space Plan.
4. October 20, 2004, subject, however, to delays to the extent Landlord requested changes to the Final Space Plan. Tenant to deliver Final Working Drawings to Landlord.
5. October 25,
Appears in 1 contract
Samples: Office Lease (1st Pacific Bancorp)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 23 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) Agreement has occurred at any time on or before the Substantial Completion substantial completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above4.2 of this Work Letter Agreement), and (ii) all other obligations of Landlord under the terms of this Work Letter Agreement shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 23 of the Lease or under this Work Letter (includingAgreement, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent additional rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Office Lease (Axesstel Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 19.1 of the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, which remains uncured under the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) applicable cure period has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 6.2 above), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event Event of default Default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days days after Tenant’s 's receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination. 843078.08/SD374622-00033/8-4-16/MLT/dek Exhibit B-7- GENESIS SSF - ONE TOWER PLACE[Achaogen, includingInc.] 843078.08/SD374622-00033/8-4-16/MLT/dek SCHEDULE 0-0- XXXXXXX XXX - XXX XXXXX XXXXX[Xxxxxxxx, but not limited toInc.] 843078.08/SD374622-00033/8-4-16/MLT/dek SCHEDULE 0-0- XXXXXXX XXX - XXX XXXXX XXXXX[Xxxxxxxx, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.Inc.]
Appears in 1 contract
Samples: Lease (Achaogen Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 of under the Lease or any a default by Tenant under this Suite 201 Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred and is continuing at any time on or before the Substantial Completion substantial completion of the PremisesSuite 201 Third Expansion Space, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Suite 201 Third Expansion Space Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Suite 201 Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Suite 201 Third Expansion Space Commencement Date, for any reason due to an event Event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default Default by Tenant under the Lease or a default under this Suite 201 Tenant Work Letter, and (B) in addition to any other remedies available to Landlord under the Lease, at law and/or in equity, Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Suite 201 Third Expansion Space Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Suite 201 Third Expansion Space Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Suite 201 Third Expansion Space Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease Agreement (Imperva Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 22 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) Agreement has occurred at any time on or before the Substantial Completion and remains after the expiration of the Premisesapplicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease suspend the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above4.2 of this Work Letter Agreement), and (ii) all other obligations of Landlord under the terms of this Work Letter Agreement shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 22 of the Lease or under this Work Letter (includingAgreement, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent additional rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary ---------------------- contained in the this Lease, if an event of default by Tenant as described in Section 12.01 19.1 of the Lease this Lease, or any a default by Tenant under this Tenant Work Letter (whichLetter, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above5.3 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease Lease. SCHEDULE 1 ---------- TIME DEADLINES -------------- Dates Actions to be Performed ----- -----------------------
A. 200_ (in which caseif no Final Space Plan to be completed by date is specified, then as Tenant shall and delivered to Landlord. soon as reasonably possible)
B. 200_ (if no Information concerning punch-out date is specified, then as openings, structural supports, and soon as reasonably possible) Non-Standard Improvement Package items to be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default delivered by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five .
C. Five (5) Business Days business days after Tenant’s receipt of Tenant to approve all or a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid receipt by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all Cost Proposal and deliver all or any a or a portion of the Tenant Improvements and restoration costs related theretoCost portion of Cost Proposal to Landlord or Proposal or Final Working approve Final Working Drawings, as the Drawings, as the case may be. case may be.
Appears in 1 contract
Samples: Office Lease (Venture Catalyst Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 19.1 of the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above4.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or under this Tenant Work Letter, and (B) in addition to any other remedies available to Landlord under the Lease, at law and/or in equity, Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.. Table of Contents
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of this Original Premises Work Letter or the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the PremisesOriginal Premises Tenant Improvements and remains after the expiration of applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of cause the Tenant Improvement Allowance and/or Landlord may cause Original Premises Contractor to cease suspend the construction of the Original Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above)Improvements, and (ii) all other obligations of Landlord under the terms of this Original Premises Work Letter shall be forgiven tolled until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay)Lease. In addition, if the Lease is terminated prior to the Lease Commencement Date, Date for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Original Premises Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Original Premises Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Original Premises Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease (Polycom Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if (i) an event of default by Tenant as described in Section 12.01 of this Tenant Work Letter or the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion substantial completion of the PremisesTenant Improvements, (ii) Landlord receives notice of a lien affecting the Premises and/or Real Property or any portion thereof that relates to the construction of the Tenant Improvements, and/or (iii) Tenant fails to timely deliver any items required pursuant to Section 2.2.2.1 above and/or timely pay any Over- Allowance Amount, then (iA) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, equity Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the cessation of construction of the Premises Tenant Improvements and any other work required to be performed by Landlord pursuant to this Tenant Work Letter (in which case, a Tenant Delay shall be responsible occur for any delay in the Substantial Completion substantial completion of the Premises Tenant Improvements caused by such work stoppage as a stoppage, without any Tenant Delay as set forth in Section 5.01 aboveNotice or Tenant Dxxxx Xxxxx Period being applicable), and (iiB) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven deferred, until such time as such default is cured pursuant to and/or violation described hereinabove is resolved, as the terms of the Lease case may be (in which case, a Tenant Delay shall be responsible occur for any delay in the Substantial Completion substantial completion of the Premises Tenant Improvements caused by such inaction by Landlord as a Landlord, without any Tenant DelayDelay Notice or Tenant Dxxxx Xxxxx Period being applicable). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days days after Tenant’s 's receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease Agreement (Netgear, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the this Lease, if an event Event of default by Tenant as described in Section 12.01 of Default under the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the PremisesTenant Improvement Work, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused amounts payable by such work stoppage as a Tenant Delay as set forth in Section 5.01 above)Landlord, and (ii) all other obligations of Landlord to perform the Tenant Improvement Work and Landlord’s Work under the terms of this Work Letter shall be forgiven until such time as such default Event of Default is cured pursuant to the terms of the this Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvement Work caused by such inaction by Landlord). THE SOUTHEAST QUARTER (SE ¼) OF THE SOUTHEAST QUARTER (SE ¼) OF THE SOUTHEAST QUARTER (SE ¼) OF THE NORTHEAST QUARTER (NE ¼) OF SECTION 14, TOWNSHIP 22 SOUTH RANGE 61 EAST, M.D.B.&M. EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS CONVEYED TO CLARK COUNTY BY DEED RECORDED MARCH 22, 1993 IN BOOK 930322, DOCUMENT NO. 00013 OF OFFICIAL RECORDS, CLARK COUNTY, NEVADA. BUILDING RULES AND REGULATIONS
1. Xxxxxx agrees upon termination of this Lease to return to Landlord all keys and key cards and other access items or codes to any items locks or secure devices abandoned in the Premises.
2. Movement in or out of the Building of furniture or office equipment, or dispatch or receipt by Tenant of any merchandise or materials which require use of elevators or stairways, or movement through building entrances or lobby shall be restricted to hours designated by Landlord. All such movement shall be under supervision of Landlord and in the manner agreed between Xxxxxx and Landlord by prearrangement before performance. Such prearrangement initiated by Xxxxxx will include determination by Landlord and subject to its decision and control, as to the time, method, and routing of movement and as to limitations imposed for safety or other concerns which may prohibit any article, equipment or any other item from being brought into the Building. Tenant is to assume all risk as to damage to articles moved and injury to persons or public engaged or not engaged in such movement, including equipment, property, and personnel or Landlord, if damaged or injured as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event result of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination acts in connection with the Tenant Improvements carrying out this service for Tenant, from time of entering property to the extent plannedcompletion of work, installed and/or constructed as and Landlord shall not be liable for acts of such date of terminationany person engaged in, including, but not limited to, any costs related to the removal of all or any portion damage or loss to any of said property or persons resulting from any act in connection with such service performed for Tenant.
3. No signs, advertisements or notices shall be painted or affixed on or to any windows or doors, or other parts of the Building, except of color, size and style and in such places, as shall be first approved in writing by Landlord. No nails, hooks or screws shall be driven or inserted in any part of the Building, except by the Building maintenance personnel, nor shall any part be defaced by Tenant. All signs will be contracted for by Landlord at the rate fixed by Tenant Improvements from time to time, and restoration costs related theretoTenant will be billed and pay for such service accordingly.
4. Landlord will not be responsible for lost or stolen personal property, equipment, money, or jewelry from Tenant’s area or public rooms regardless of whether such loss occurs when the area is locked against entry or not.
Appears in 1 contract
Samples: Office Lease
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any a default by Tenant under the Lease (including under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the LeaseLetter) has occurred at any time on or before the Substantial Completion substantial completion of the PremisesTenant Improvements and such default remains uncured after the expiration of the applicable notice and cure period set forth in Section 19.1 of the Lease, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Space Plan Allowance and/or the Tenant Improvement Allowance and/or Landlord may cause the Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises Tenant Improvements caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason Date due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Work Letter (includingLease, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days business days after Tenant’s receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Space Plan Allowance and/or the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto. EXHIBIT B MARINA VILLAGE [Aqua Metals, Inc.] This AMENDMENT TO LEASE (“Amendment”) is made and entered into effective as of _________________, 20__, by and between BSREP MARINA VILLAGE OWNER LLC, a Delaware limited liability company (“Landlord”) and AQUA METALS, INC., a Delaware corporation (“Tenant”).
Appears in 1 contract
Samples: Lease (Aqua Metals, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the this Lease, if an event (i) a default beyond the expiration of default by Tenant all applicable notice and cure periods as described in Section 12.01 19.1 of the Lease this Lease, or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory ii) a breach of the Leasethis Tenant Work Letter, which breach has not been cured within five (5) business days of reasonably detailed written notice to Tenant, has occurred at any time on or before the Substantial Completion substantial completion of the PremisesNew Tenant Improvements for any particular Full TI Floor or Remaining Floor, then (iA) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises for such Full TI Floor or Remaining Floor (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises New Tenant Improvements for such particular Full TI Floor or Remaining Floor caused by such work stoppage as a Tenant Delay as set forth and such delay shall not have any effect upon Tenant's rental abatement periods described in Section 5.01 above2.3 of this Tenant Work Letter), and (iiB) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the this Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises New Tenant Improvements caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for and such delay shall not have any reason due to an event of default by Tenant as effect upon Tenant's rental abatement periods described in Section 12.01 2.3 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent under the ). 804296.08/LAH4321-047/10-7/08/nng/law EXHIBIT X-00- XXXXX XXXX XXXXX[Xxxxx Xxxx Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.]
Appears in 1 contract
Samples: Office/Retail Lease (KBS Real Estate Investment Trust II, Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, written notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) or the Lease has occurred at any time on or before the Substantial Completion substantial completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, Date for any reason due to an event of a default by Tenant as described in Section 12.01 Article 22 of the Lease or under this Work Letter (including, without limitation, any 37849147v5 anticipatory breach described above in this Section 6.055.4), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work LetterLetter (including, without limitation, the remedies available to Landlord pursuant to California Civil Code Section 1951.2), and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord; provided, however, that if Landlord does not demolish but instead retains the Tenant Improvements constructed with such disbursed portion of the Tenant Improvement Allowance, then Tenant shall not be liable for such disbursement) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, or the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) Lease has occurred at any time on or before the Substantial Completion substantial completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease (Conatus Pharmaceuticals Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 of this Tenant Work Letter or the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the PremisesPremises and remains after the expiration of applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of cause the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease suspend the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 4.2 above), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days business days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 of under the Lease or any a default by Tenant under this Suite 101 Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred and is continuing at any time on or before the Substantial Completion substantial completion of the PremisesSuite 101 Second Expansion Space, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Suite 101 Second Expansion Space Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Suite 101 Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Suite 101 Second Expansion Space Commencement Date, for any reason due to an event Event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default Default by Tenant under the Lease or a default under this Suite 101 Tenant Work Letter, and (B) in addition to any other remedies available to Landlord under the Lease, at law and/or in equity, Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Suite 101 Second Expansion Space Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Suite 101 Second Expansion Space Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Suite 101 Second Expansion Space Improvements and restoration costs related thereto.
Appears in 1 contract
Samples: Lease Agreement (Imperva Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 19.1 of the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above4.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or under this Tenant Work Letter, and (B) in addition to any other remedies available to Landlord under the Lease, at law and/or in equity, Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.. Exhibit B, Page 2 Table of Contents
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant as described in Section 12.01 19.1 of the Lease or any default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion substantial completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above5.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises Tenant Improvements caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Revised Expiration Date, for any reason due to an event of a default by Tenant as described in Section 12.01 19.1 of the Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto. Tenant shall faithfully observe and comply with the following Rules and Regulations. Landlord shall not be responsible to Tenant for the nonperformance of any of said Rules and Regulations by or otherwise with respect to the acts or omissions of any other tenants or occupants of the Building or Project.
1. Tenant shall not place any lock(s) on any door, or install any security system (including, without limitation, card key systems, alarms or security cameras), in the Premises or Building without Landlord’s prior written consent, which consent shall not be unreasonably withheld, and Landlord shall have the right to retain at all times and to use keys or other access codes or devices to all locks and/or security system within and into the Premises. A reasonable number of keys to the locks on the entry doors in the Premises shall be furnished by Landlord to Tenant at Tenant’s cost, and Tenant shall not make any duplicate keys. All keys shall be returned to Landlord at the expiration or early termination of this Lease. Further, if and to the extent Tenant re-keys, re-programs or otherwise changes any locks at the Project, Tenant shall be obligated to restore all such locks and key systems to be consistent with the master lock and key system at the Building, all at Tenant’s sole cost and expense.
2. All doors opening to public corridors shall be kept closed at all times except for normal ingress and egress to the Premises, unless electrical hold backs have been installed. Sidewalks, doorways, vestibules, halls, stairways and other similar areas shall not be obstructed by Tenant or used by Tenant for any purpose other than ingress and egress to and from the Premises.
3. Landlord reserves the right to close and keep locked all entrance and exit doors of the Building during such hours as are customary for comparable buildings in the vicinity of the Building. Tenant, its employees and agents must be sure that the doors to the Building are securely closed and locked when leaving the Premises if it is after the normal hours of business for the Building. Any tenant, its employees, agents or any other persons entering or leaving the Building at any time when it is so locked, or any time when it is considered to be after normal business hours for the Building, may be required to sign the Building register when so doing. After-hours access by Tenant’s authorized employees may be provided by hard-key, card-key access or other procedures adopted by Landlord from time to time; Tenant shall pay for the costs of all access cards provided to Tenant’s employees and all replacements thereof for lost, stolen or damaged cards. Access to the Building and/or Project may be refused unless the person seeking access has proper identification or has a previously arranged pass for such access. Landlord and its agents shall in no case be liable for damages for any error with regard to the admission to or exclusion from the Building and/or Project of any person. In case of invasion, mob, riot, public excitement, or other commotion, Landlord reserves the right to prevent access to the Building and/or Project during the continuance of same by any means it deems appropriate for the safety and protection of life and property.
4. Landlord shall have the right to prescribe the weight, size and position of all safes and other heavy property brought into the Building. Safes and other heavy objects shall, if considered necessary by Landlord, stand on supports of such thickness as is necessary to properly distribute the weight. Landlord will not be responsible for loss of or damage to any such safe or property in any case. All damage done to any part of the Building, its contents, occupants or visitors by moving or maintaining any such safe or other property shall be the sole responsibility of Tenant and any expense of said damage or injury shall be borne by Tenant.
5. No furniture, freight, packages, supplies, equipment or merchandise will be brought into or removed from the Building or carried up or down in the elevators, except upon prior notice to Landlord, and in such manner, in such specific elevator, and between such hours as shall be designated by Landlord. Tenant shall provide Landlord with not less than 24 hours prior notice of the need to utilize an elevator for any such purpose, so as to provide Landlord with a reasonable period to schedule such use and to install such padding or take such other actions or prescribe such procedures as are appropriate to protect against damage to the elevators or other parts of the Building. Tenant shall assume all risk for damage to articles moved and injury to any persons resulting from the activity. If equipment, property, or personnel of Landlord or of any other party is damaged or injured as a result of or in connection with the activity, Tenant shall be solely liable for any resulting damage or loss.
6. Landlord shall have the right to control and operate the public portions of the Building and Project, the public facilities, the heating and air conditioning, and any other facilities furnished for the common use of tenants, in such manner as is customary for comparable buildings in the vicinity of the Building.
7. No signs, advertisements or notices shall be painted or affixed to windows, doors or other parts of the Building, except those of such color, size, style and in such places as are first approved in writing by Landlord. All tenant identification and suite numbers at the entrance to the Premises shall be installed by Landlord, at Tenant’s cost and expense, using the standard graphics for the Building. Landlord may provide and maintain in the first floor (main lobby) of the Building an alphabetical directory board or other directory device listing tenants, and no other directory shall be permitted unless previously consented to by Landlord in writing.
8. The requirements of Tenant will be attended to only upon application at the management office of the Project or at such office location designated by Landlord.
9. Tenant shall not disturb, solicit, or canvass any occupant of the Building or Project and shall cooperate with Landlord or Landlord’s agents to prevent same.
10. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed, and no foreign substance of any kind whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the tenant who, or whose employees or agents, shall have caused it.
11. Tenant shall not overload the floor of the Premises. Tenant shall not xxxx, drive nails or screws, or drill into the partitions, woodwork or plaster or in any way deface the Premises or any part thereof without Landlord’s consent first had and obtained; provided, however, Landlord’s prior consent shall not be required with respect to Tenant’s placement of pictures and other normal office wall hangings on the interior walls of the Premises (but at the end of the Term, Tenant shall repair any holes and other damage to the Premises resulting therefrom).
12. Except for vending machines intended for the sole use of Tenant’s employees and invitees, no vending machine or machines of any description other than fractional horsepower office machines shall be installed, maintained or operated upon the Premises without the written consent of Landlord. Tenant shall not install, operate or maintain in the Premises or in any other area of the Building, electrical equipment that would overload the electrical system beyond its capacity for proper, efficient and safe operation as determined solely by Landlord.
13. Tenant shall not use any method of heating or air conditioning other than that which may be supplied by Landlord, without the prior written consent of Landlord. Tenant shall not furnish cooling or heating to the Premises, including, without limitation, the use of electronic or gas heating devices, portable coolers (such as “move n cools”) or space heaters, without Landlord’s prior written consent, and any such approval will be for devices that meet federal, state and local code.
14. No inflammable, explosive or dangerous fluids or substances shall be used or kept by Tenant in the Premises, Building or about the Property, except for those substances as are typically found in similar premises used for general office purposes and are being used by Tenant in a safe manner and in accordance with all applicable Laws, rules and regulations. Tenant shall not, without Landlord’s prior written consent, use, store, install, spill, remove, release or dispose of, within or about the Premises or any other portion of the Property, any asbestos-containing materials or any solid, liquid or gaseous material now or subsequently considered toxic or hazardous under the provisions of 42 U.S.C. Section 9601 et seq. or any other applicable environmental Laws which may now or later be in effect. Tenant shall comply with all Laws pertaining to and governing the use of these materials by Tenant, and shall remain solely liable for the costs of abatement and removal.
15. Tenant shall not use, keep or permit to be used or kept, any foul or noxious gas or substance in or on the Premises, or permit or allow the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Building or Project by reason of noise, odors, or vibrations, or interfere in any way with other tenants or those having business therewith.
16. Tenant shall not bring into or keep within the Project, the Building or the Premises any animals (except those assisting handicapped persons), birds, fish tanks, bicycles or other vehicles.
17. Tenant shall not use or occupy the Premises in any manner or for any purpose which might injure the reputation or impair the present or future value of the Premises or the Building. Tenant shall not use, or permit any part of the Premises to be used, for lodging, sleeping or for any illegal purpose.
18. No cooking shall be done or permitted by Tenant on the Premises, nor shall the Premises be used for the storage of merchandise, for lodging or for any improper, objectionable or immoral purposes. Notwithstanding the foregoing, Underwriters’ laboratory-approved equipment and microwave ovens may be used in the Premises for heating food and brewing coffee, tea, hot chocolate and similar beverages, provided that such use is in accordance with all applicable federal, state and city laws, codes, ordinances, rules and regulations, and does not cause odors which are objectionable to Landlord and other tenants.
19. Landlord will approve where and how telephone and telegraph wires and other cabling are to be introduced to the Premises. No boring or cutting for wires shall be allowed without the consent of Landlord. The location of telephone, call boxes and other office equipment and/or systems affixed to the Premises shall be subject to the approval of Landlord. Tenant shall not use more than its proportionate share of telephone lines and other telecommunication facilities available to service the Building.
20. Landlord reserves the right to exclude or expel from the Building and/or Project any person who, in the judgment of Landlord, is intoxicated or under the influence of liquor or drugs, or who shall in any manner do any act in violation of any of these Rules and Regulations or cause harm to Building occupants and/or property.
21. All contractors, contractor’s representatives and installation technicians performing work in the Building shall be subject to Landlord’s prior approval, which approval shall not be unreasonably withheld, and shall be required to comply with Landlord’s standard rules, regulations, policies and procedures, which may be revised from time to time.
22. Tenant, its employees and agents shall not loiter in the entrances or corridors, nor in any way obstruct the sidewalks, lobby, halls, stairways or elevators, and shall use the same only as a means of ingress and egress for the Premises.
Appears in 1 contract
Samples: Lease Agreement (Cafepress Inc.)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default by Tenant as described in Section 12.01 of the Lease or any default Default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, or the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) Lease has occurred at any time on or before the Substantial Completion substantial completion of the PremisesExpansion Space, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 above)Allowances, and (ii) all other obligations of Landlord to provide the Tenant Improvement Allowance (and the Additional Allowance, if applicable) under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay)Lease. In addition, if the Lease is terminated prior to the Lease applicable Expansion Commencement Date, for any reason due to an event Event of default Default by Tenant as described in Section 12.01 19.1 of the Original Lease or under this Tenant Work Letter (includingLetter, without limitation, in addition to any anticipatory breach described above in this Section 6.05), then (A) Tenant shall be liable to Landlord for all damages other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days business days after Tenant’s 's receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance Allowances disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.. ./ -/// -11-
Appears in 1 contract
Samples: Lease (Achaogen Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the this Lease, if an event of default by Tenant as described in Section 12.01 of the Lease or any default by this Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred at any time on or before the Substantial Completion substantial completion of the PremisesTenant Improvements and is not cured within any applicable cure period provided in the Lease or this Tenant Work Letter, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or and/or, upon not less than 10 days prior written notice from Landlord to Tenant, Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven suspended until such time as such default is cured pursuant to the terms of the Lease or this Work Letter (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Premises Tenant Improvements caused by such inaction by Landlord as a Tenant DelayLandlord). 000 XXXX XXXXXX The following guidelines have been prepared for Contractors scheduled to work at 000 Xxxx Xxxxxx. In additionorder to ensure a smooth and timely construction build-out, if the Lease is terminated prior following procedures must be adhered to by all Contractors and Subcontractors performing work at 000 Xxxx Xxxxxx. The General Contractors are responsible to ensure all subcontractors and vendors/suppliers read and understand these rules and regulations. Failure to comply with any of these rules and regulations may result in your contract being cancelled and/or your subcontractors, vendors or suppliers being asked to leave the Lease Commencement Datebuilding premises. Rules and regulations are subjected to change.
1) OWNER REPRESENTATIVES. At any time, for any reason due the Owner may elect to an event of default by Tenant as described in Section 12.01 of the Lease or under this Work Letter hire a third party representative (including, without limitation, any anticipatory breach described above in this Section 6.05), then (A“Owner’s Representative”) Tenant during construction. The Contractor shall be liable forward all communications to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letter, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant Owner directly through the date of such termination in connection with the Tenant Improvements to the extent plannedOwner’s Representatives unless otherwise directed. For questions regarding construction, installed and/or constructed as of such date of terminationbuilding rules, includingregulations and access, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related theretoplease contact Building Management at (000) 000-0000.
Appears in 1 contract
Samples: Office Lease (Docusign Inc)
Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event Event of default Default by Tenant as described in Section 12.01 of the Lease or any default by Tenant under this Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, notice instructing Landlord to cease the design and/or construction of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) has occurred occurs at any time on or before the Substantial Completion substantial completion of the Premisesany particular Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the applicable Tenant Improvement Allowance and/or Landlord may cause the applicable Contractor to cease the construction of the Premises applicable Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the applicable Premises caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the applicable Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement DateDate for any particular portion of the Premises, for any reason due to an event Event of default Default by Tenant as described in Section 12.01 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.05)Tenant, then (A) Tenant shall be liable in addition to Landlord for all damages any other remedies available to Landlord pursuant to under the Lease and otherwise available to Landlord Lease, at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterequity, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s days of receipt of a statement therefor, any and all costs (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.. Notwithstanding the foregoing, if an Event of Default by Tenant is cured, forgiven or waived, Landlord's suspended obligations shall be fully reinstated and resumed, effective immediately. Tenant shall faithfully observe and comply with the following Rules and Regulations:
Appears in 1 contract
Samples: Lease Agreement (Penumbra Inc)
Tenant’s Lease Default. Notwithstanding any provision terms and conditions to the contrary contained in the this Lease, if an event of default by Tenant a Default as described in Section 12.01 Article 19 of the this Lease or any a material default by Tenant under this Tenant Work Letter (which, for purposes hereof, shall include, without limitation, beyond the delivery by Tenant to Landlord of any oral or written, including electronic, applicable notice instructing Landlord to cease the design and/or construction and cure period set forth in Article 19 of the Tenant Improvements and/or that Tenant does not intend to occupy the Premises, and/or any other anticipatory breach of the Lease) Lease has occurred at any time on or before the Substantial Completion of the PremisesTenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment disbursement of all or any portion of the Tenant Improvement Allowance Tenant's Contribution and/or Landlord may cause Contractor to cease the construction of the Premises Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such work stoppage as a Tenant Delay as set forth in Section 5.01 abovestoppage), and (ii) all other obligations of Landlord under the terms and conditions of this Tenant Work Letter shall be forgiven suspended until such time as such default Default is cured pursuant to the terms and conditions of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises Tenant Improvements caused by such inaction by Landlord as a Tenant Delay). In additionLandlord),provided, however, that notwithstanding any other provisions of this Lease, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event of default a Default by Tenant as described in Section 12.01 of the Lease is cured, forgiven or under this Work Letter (includingwaived, without limitation, any anticipatory breach described above in this Section 6.05), then (A) Tenant Landlord's suspended obligations shall be liable to Landlord for all damages available to Landlord pursuant to the Lease fully reinstated and otherwise available to Landlord at law and/or in equity by reason of a default by Tenant under the Lease or this Work Letterresumed, and (B) Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related theretoeffective immediately.
Appears in 1 contract
Samples: Office Lease (Etoys Inc)
