Common use of Tenant’s Lease Default Clause in Contracts

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: Lease (GOOD TECHNOLOGY Corp), Lease (GOOD TECHNOLOGY Corp), Lease (GOOD TECHNOLOGY Corp)

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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. CHINA BASIN EXHIBIT B First Amendment 16 Lyft, Inc. SCHEDULE 1 TO EXHIBIT DEPICTION OF ADDITIONAL CODE WORK 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. SCHEDULE 1 TO EXHIBIT LandLord’s initials CHINA BASIN EXHIBIT B First Amendment 1 Lyft, Inc. EXHIBIT C CHINA BASIN LOCATION OF EXTERIOR BUILDING SIGNAGE 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. CHINA BASIN EXHIBIT C First Amendment SECOND AMENDMENT TO OFFICE LEASE 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 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 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: Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, 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. Dates Actions to be Performed 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 (including any portion means and methods to be employed during the execution 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.work. STANDARD PARTITIONS DEMISING PARTITION

Appears in 2 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education 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 FINAL SPACE PLAN EXHIBIT C

Appears in 2 contracts

Samples: Attornment Agreement (AltheaDx, Inc.), Attornment Agreement (AltheaDx, 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 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. EXHIBIT B-1 LANDLORD’S WORK 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 EXHIBIT C CONFIRMATION OF LEASE TERMS/AMENDMENT TO LEASE 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 (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 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.. SCHEDULE 1 FINAL SPACE PLAN

Appears in 2 contracts

Samples: Lease (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 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.. EXHIBIT B SCHEDULE 1 FINAL SPACE PLAN [Schematics] SCHEDULE 1 GENEIS SSF – ONE TOWER PLACE -1- [Applied Molecular Transport, Inc.] SCHEDULE 1 SCHEDULE 1 SCHEDULE 1 SCHEDULE 1 SCHEDULE 1 -6- Document:

Appears in 2 contracts

Samples: Extension Option Rider (Applied Molecular Transport Inc.), Extension Option Rider (Applied Molecular Transport LLC)

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 2 contracts

Samples: Lease Agreement (10x Genomics, Inc.), Lease Agreement (10X Genomics, Inc.)

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, as amended, or this Work Letter, if an event any Event of default by Tenant Default occurs under the Lease, as described in Section 12.01 of the Lease amended, 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 equityas amended, 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 caseLease, Tenant shall as amended. SCHEDULE X TO EXHIBIT B SELECT LIST OF IMPROVEMENTS TO BE CONSTRUCTED WITH IMPROVEMENT ALLOWANCE Among other improvements, the Allowance Amount may be responsible for any delay in used to fund the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior following improvements to be made 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 Building 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.Common Areas:

Appears in 2 contracts

Samples: Office Lease, Office Lease (Splunk 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: Work Letter Agreement, Work and Interior Specification Standards (Imprivata 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 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

Samples: Lease Agreement (Talis Biomedical Corp)

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. SCHEDULE 1 TO EXHIBIT B TIME DEADLINES [Intentionally Deleted] SCHEDULE 1 TO EXHIBIT B EXHIBIT C 00 XXXXXXXXX XXXXXX NOTICE OF LEASE TERM DATES 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 (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“Lease”), then (A) Tenant shall be liable we wish to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law advise you 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, confirm 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

Samples: Office Lease (Bare Escentuals 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, 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] SCHEDULE 1 FINAL SPACE PLAN GENESIS SSF - TWO TOWER PLACE SCHEDULE 2 Arsenal Biosciences, Inc. -1- [Execution Original] GENESIS SSF - TWO TOWER PLACE SCHEDULE 2 Arsenal Biosciences, Inc. -2- [Execution Original] SCHEDULE 2 BASE, SHELL AND CORE [See attached] BASE BUILDING “WARM SHELL” DELIVERY CONDITION GENESIS SOUTH SAN FRANCISCO - 2 TOWER PLACE (NORTH TOWER) Sitework 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 Structure 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 Roofing Single ply thermoplastic roof membrane (Sika Sarnafil G410 Energysmart Roof Membrane) with walking pads Rigid insulation, flashing, and sealants Exterior 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 Common Areas 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 Elevators 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 GENESIS SSF - TWO TOWER PLACE SCHEDULE 2 Arsenal Biosciences, Inc. -1- [Execution Original] Base Building Core 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 Fire Protection 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 Plumbing 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

Samples: Sublease (Assembly Biosciences, Inc.)

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 [Orexigen Therapeutics, Inc.] 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 [Orexigen Therapeutics, Inc.] SCHEDULE 1 TIME DEADLINES Dates Actions to be Performed

Appears in 1 contract

Samples: Work Letter Agreement (Orexigen 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 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: Sova Science District (Conatus 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 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 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. Exhibit D Rules And Regulations 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.

Appears in 1 contract

Samples: Second Amendment (Cafepress 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

Samples: Office Lease (Forrester Research, 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 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 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 additionEXHIBIT “C” -3- SCHEDULE “1” FINAL SPACE PLAN EXHIBIT “D” SAMPLE FORM OF NOTICE OF LEASE TERM DATES To: Date: Re: Project Lease dated , if the Lease is terminated prior to the Lease Commencement Date200 between MULLROCK 3 XXXXXX XXXXX, 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 LLC, a Delaware limited liability company (including, without limitation, any anticipatory breach described above in this Section 6.05“Landlord”), 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”), concerning Suite (“Premises”) 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 theretolocated at .

Appears in 1 contract

Samples: Work Letter Agreement (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 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 (Imperva 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). [SAN XXXXXX CORPORATE CENTER] EXHIBIT B [BIOMARIN PHARMACEUTICAL INC.] EXHIBIT C SAN XXXXXX CORPORATE CENTER NOTICE OF LEASE TERM DATES 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 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“Lease”), then (A) Tenant shall be liable we wish to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law advise you 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, confirm 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

Samples: Lease (Biomarin Pharmaceutical 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 thereto.Temporary Space. 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 (Puma Biotechnology, 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 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 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 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.. SCHEDULE 1 TO EXHIBIT D WORK LETTER R2 -55- -56- -57- -00- -00- -00- -00- XXXXXXX E CONFIRMATION OF COMMENCEMENT DATE [______________], 20[__] Augme Technologies, Inc. 000 000xx Xxxxxx XX, 0xx Xxxxx Xxxxxxxx, Xxxxxxxxxx 00000 Re: Lease Agreement (the “Lease”) dated [_____________], 20[__], between W2007 Seattle Office 110 Atrium Place Realty, LLC, a Delaware limited liability company (“Landlord”), and Augme Technologies, Inc., a Washington corporation (“Tenant”). Capitalized terms used herein but not defined shall be given the meanings assigned to them in the Lease. Ladies and Gentlemen: Landlord and Tenant agree as follows:

Appears in 1 contract

Samples: Lease Agreement (Hipcricket, 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.. EXHIBIT B

Appears in 1 contract

Samples: Ensign Group, 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 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 LandlordLease, as Additional Rent under the Leasehereby amended. EXHIBIT A PROJECT SITE PLAN ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED MARCH 13, within five 2018 BETWEEN ECE INVESTMENT COMPANY, LP and AURORA INNOVATION, INC. (5see attached) Business Days after Tenant’s receipt of a statement thereforEXHIBIT B PREMISES SPACE PLAN ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED MARCH 13, any 2018 BETWEEN ECE INVESTMENT COMPANY, LP and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) AURORA INNOVATION, INC. EXHIBIT C PROJECT RULES AND REGULATIONS ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED MARCH 13, 2018 BETWEEN ECE INVESTMENT COMPANY, LP and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent plannedAURORA INNOVATION, 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 INC. Rules and restoration costs related thereto.Regulations

Appears in 1 contract

Samples: Lease Agreement (Atlas Crest Investment 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.. EXHIBIT B SCHEDULE 1 FINAL SPACE PLAN SCHEDULE I EXHIBIT C

Appears in 1 contract

Samples: Lease (Kezar Life Sciences, 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). EXHIBIT 1 WORK LETTER CONSTRUCTION RULES [SEE ATTACHED] 000 XXXX XXXXXX CONSTRUCTION RULES & REGULATIONS 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 Date, for any reason due building premises. Rules and regulations are subjected 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 theretochange.

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 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- SCHEDULE 1 SPECIFICATIONS

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 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. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] EXHIBIT C-3 Insurance Requirements for Tenant’s Contractors 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: And Attornment Agreement (Appian 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 19.1 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) 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 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 19.1 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.056.5), 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 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 (Xactly 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 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.. SCHEDULE 1 FINAL SPACE PLAN [Floorplan] EXHIBIT C BASE BUILDING WORK MATRIX EXHIBIT D

Appears in 1 contract

Samples: Attornment Agreement (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 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: Agreement of Purchase and Sale (Vical 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.] SCHEDULE 1 FINAL SPACE PLAN [See attached] 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 CONFIRMATION OF LEASE TERMS/AMENDMENT TO LEASE 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: Industrial (Kura Oncology, 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)

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: Work Letter Agreement (Auspex 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 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. EXHIBIT B EXHIBIT C 000 XXXXX XXXXXX, XXX XXXXXXXXX, XXXXXXXXXX NOTICE OF LEASE TERM DATES 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

Samples: Office Lease (Forrester Research, 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

Samples: Lease Agreement (Ultragenyx Pharmaceutical 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 (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 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

Samples: Office Lease (Forrester Research, 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 during the Lease Commencement Date, Term for any reason due to an event of a default by Tenant as described in Section 12.01 18 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.. SCHEDULE 1 TO EXHIBIT B SPECIFICATIONS LEGACY BAYTECH BUILDING STANDARDS AND SPECIFICATIONS 4/14/2011 STANDARD SIZE AND LOCATION OF OFFICE IMPROVEMENTS GENERAL REQUIREMENT: The following guideline is for office size and lay out of space for all tenant improvements. Please be advised that should tenant require the size and location of improvements to be specific to a tenant’s program requirement which is different than noted, the landlord may require the removal and restoration of the improvement to “landlord building standards” upon termination of tease. The ratio of enclosed office to open area shall not exceed 50% Perimeter office size along the exterior glass of the building for: Standard offices (+_130 rsf) shall consist of 80% of the overall office count. Walls shall line up with window mullions, and the office wall shall be a minimum of 13’-0” out from the window mullion. Large offices (+_195 rsf) shall consist of 20% of the overall office count. Office walls shall line up with window mullions, and the office wall shall be a minimum of 13’-0” out from the window mullion, Interior offices (not on exterior glass) are considered a non-standard improvement. As such, landlord may require that all or some of the interior xxx-standard improvements be restored to the original condition, or to building standard improvements upon termination of lease. All break rooms, coffee rooms / areas, mail rooms, copy rooms, work rooms, server rooms and any other tenant common rooms shall not be designed on the perimeter glass, All such rooms shall be built on the interior of the specs. PARTITIONS

Appears in 1 contract

Samples: Lease Agreement (GigOptix, 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 1 contract

Samples: Office Lease (Vivus 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 Exhibit C EXHIBIT D RULES AND REGULATIONS Tenant shall faithfully observe and comply with the Lease is terminated prior 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 Lease Commencement Date, for acts or omissions of any reason due to an 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 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 theretolatter shall control.

Appears in 1 contract

Samples: Lease Agreement (Everbridge, 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.] SCHEDULE 1 FINAL SPACE PLAN 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.] SCHEDULE 2 SPECIFICATIONS

Appears in 1 contract

Samples: Basic Lease Information (Achaogen 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 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 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 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 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 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 (if any) incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Landlord) and not EXHIBIT “B” 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” EXHIBIT “B-1" [SEE NEXT THREE PAGES] EXHIBIT “B-1” EXHIBIT “B-1” -2- EXHIBIT “B-1” -3- EXHIBIT “B-1” EXHIBIT “C”

Appears in 1 contract

Samples: Work Letter Agreement (Lacrosse Footwear 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

Samples: Lease Agreement (Restoration Robotics Inc)

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. Exhibit C Commencement and Expiration Date Memorandum 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 Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord (including any portion of the Tenant Improvement Allowance disbursed by Lease. The Commencement Date of the Lease is hereby established as , 20___ and the Expiration Date is , 20___. Tenant: Trident Microsystems, Inc., a Delaware corporation By: Name: Title: Approved and Agreed: Landlord) : 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: Exhibit D Rules and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements Regulations This exhibit, entitled “Rules and Regulations,” is and shall constitute Exhibit D to the extent plannedLease Agreement, installed and/or constructed dated as of such date the Lease Date, by and between landlord and Tenant for the Premises. The terms and conditions of termination, includingthis Exhibit D are hereby incorporated into and are made a part of the Lease. Capitalized terms used, but not limited tootherwise defined, any costs related in this Exhibit D have the meanings ascribed to such terms in the removal of all or any portion of the Tenant Improvements and restoration costs related theretoLease.

Appears in 1 contract

Samples: Lease Agreement (Trident Microsystems 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.. SCHEDULE "1" FINAL SPACE PLAN -3-

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 of default by Tenant as described in Section 12.01 Article 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 PremisesExpansion 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 Expansion Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Expansion 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 Expansion Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Expansion Premises Commencement Date, for any reason due to an event of a default by Tenant as described in Section 12.01 Article 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: Work Letter Agreement (Axesstel 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 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 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. EXHIBIT D RULES AND REGULATIONS 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 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.. EXHIBIT B EXHIBIT C

Appears in 1 contract

Samples: Extension Option Rider (Fate 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 this Tenant Work Letter or the Lease or any default (as modified 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 LeaseSecond Amendment) has occurred at any time on or before the Substantial Completion of the PremisesExpansion Space and remains uncured 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 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 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 Expansion Space caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Expansion Commencement Date, for any reason Date 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 Article 19 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 receipt of a statement therefor, any and all actual, documented and 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 termination, including, but not limited to, any actual, documented and reasonable costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.; provided, however, in no event shall Tenant’s payment of the foregoing result in a double recovery of damages by Landlord. EXHIBIT B -6- SCHEDULE 1 FINAL SPACE PLAN SCHEDULE 1 -1- EXHIBIT C LAB RESTORATION AREA EXHIBIT C -1- EXHIBIT D GENERAL STORAGE AREA EXHIBIT D -1- EXHIBIT E HAZARDOUS MATERIALS STORAGE AREA

Appears in 1 contract

Samples: Lease (Heron Therapeutics, Inc. /De/)

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the this Lease, if an event of default by Tenant a Default 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 Additional Premises and/or the Existing 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 First Amendment Allowance and/or Landlord may cause Contractor to cease the construction of the Additional Premises and/or the Existing Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Additional Premises and/or the Existing 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 this Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Additional Premises and/or the Existing Premises caused by such inaction by Landlord as a Tenant DelayLandlord). In additionSECOND AMENDMENT TO OFFICE LEASE THIS SECOND AMENDMENT TO OFFICE LEASE (this “Amendment”) is dated as of October 27, if the Lease is terminated prior to the Lease Commencement Date2017, 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 between SPF MATHILDA, LLC, a Delaware limited liability company (including, without limitation, any anticipatory breach described above in this Section 6.05“Landlord”), then and CROWDSTRIKE, INC., a Delaware corporation (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 (CrowdStrike Holdings, Inc.)

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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 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 suspend 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 ACTIVE/117699601.1 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 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.. ACTIVE/117699601.1

Appears in 1 contract

Samples: Lease (Expansion) (Adicet Bio, 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 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 addition, if EXHIBIT C -7- EXHIBIT D --------- WATERIDGE SUMMIT INTENTIONALLY OMITTED --------------------- EXHIBIT D -1- EXHIBIT E --------- WATERIDGE SUMMIT RULES AND REGULATIONS Tenant shall faithfully observe and comply with the Lease is terminated prior 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 Lease Commencement Date, for acts or omissions of any reason due to an event of default by Tenant as described in Section 12.01 other tenants or occupants 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 theretoBuilding.

Appears in 1 contract

Samples: Lease (Advanced Tissue Sciences 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 as a Tenant DelayLandlord). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to an event (End 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) EXHIBIT C LEGAL DESCRIPTION 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, and (B) Tenant shall pay to LandlordTOWNSHIP 22 SOUTH RANGE 61 EAST, as Additional Rent under the LeaseM.D.B.&M. EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS CONVEYED TO CLARK COUNTY BY DEED RECORDED MARCH 22, within five (5) Business Days after Tenant’s receipt of a statement therefor1993 IN BOOK 930322, 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 plannedDOCUMENT NO. 00013 OF OFFICIAL RECORDS, installed and/or constructed as of such date of terminationCLARK COUNTY, 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.NEVADA. BUILDING RULES AND REGULATIONS EXHIBIT D RULES AND REGULATIONS

Appears in 1 contract

Samples: Office Lease

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 EXHIBIT D 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.. EXHIBIT D 14 Second & Spring Avalara, Inc. SCHEDULE 1 TO EXHIBIT D LANDLORD WORK Second & Spring Landlord’s Shell & Core Improvements – Floor 1

Appears in 1 contract

Samples: Lease Agreement (Avalara 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 Lease or any a 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 Tenant Improvements on the Seventh Floor Premises or completion of the Tenant Improvements on the Sixth Floor 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 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 (in which caseLease. LAKESHORE TOWERS BUILDING III [Quality Systems, 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 additionInc.] EXHIBIT E Page 6 SCHEDULE I FINAL SPACE PLAN SIXTH FLOOR PREMISES LAKESHORE TOWERS BUILDING III [Quality Systems, if the Lease is terminated prior to the Lease Commencement DateInc.] EXHIBIT E Page 7 SCHEDULE II FINAL SPACE PLAN SEVENTH FLOOR PREMISES LAKESHORE TOWERS BUILDING III [Quality Systems, 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.] EXHIBIT F LAKESHORE TOWERS

Appears in 1 contract

Samples: Office Lease (Quality Systems, 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

Samples: Lease Termination Agreement (St Francis Medical Technologies 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

Samples: Lease Agreement (Sangamo Therapeutics, 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 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, as amended hereby, if an event of default by Tenant as described in Section 12.01 of the Lease Lease, as amended hereby, beyond any applicable notice and cure period, 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 Seventh Floor Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equityas amended hereby, 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 Seventh Floor Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Seventh Floor 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 (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 LandlordLease, 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 amended hereby. SCHEDULE 1 TO EXHIBIT B TIME DEADLINES Dates Actions 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.be Performed

Appears in 1 contract

Samples: Office Lease Agreement (Authorize.Net 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 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.. Schedule 1 to Work Letter Agreement EXHIBIT “D”

Appears in 1 contract

Samples: Work Letter Agreement (Orexigen Therapeutics, Inc.)

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.. EXHIBIT C

Appears in 1 contract

Samples: Office Lease (Serena Software 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 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 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 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 Date 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 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. EXHIBIT B -0- XXXXXX XXXXXXX [Biotime] EXHIBIT C AMENDMENT TO LEASE 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 BIOTIME, INC., a California corporation ("Tenant").

Appears in 1 contract

Samples: Tenant Work Letter (Biotime 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: Work Letter Agreement (Cadence 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 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 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 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 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 1 contract

Samples: Lease Agreement (Veritone, 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. EXHIBIT A LANDLORD’S WORK [Intentionally Omitted] EXHIBIT B PRE-APPROVED DESIGN AND CONSTRUCTION PROFESSIONALS [Intentionally Omitted] EXHIBIT C TIME DEADLINES [Intentionally Omitted] EXHIBIT D EXAMPLES OF AMORTIZATION [Intentionally Omitted] EXHIBIT E CALCULATION OF TENANT IMPROVEMENT ALLOWANCE [Intentionally Omitted] EXHIBIT D-2 BASE BUILDING 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

Samples: Office Lease (PACIFIC GAS & ELECTRIC Co)

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

Samples: Office Lease (Castlight Health, 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 Lease, following applicable notice and cure periods expressly set forth in 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, following 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 and cure periods expressly set forth in the Lease) , has occurred at any time on or before the Substantial Completion of the Premises, or Tenant has failed to deliver the L-C pursuant to the terms of Article 21 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 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 (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 1 contract

Samples: Office Lease (SoFi 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 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 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)stoppage, 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. EXHIBIT “D” FORM OF COMMENCEMENT NOTICE This Commencement Notice is delivered this _______ day of __________________, 200_, by POI-CARLSBAD, INC., a Delaware corporation ("Landlord") to _____________________ (“Tenant”), pursuant to the provisions of Section 2.1 of that certain Office Lease (the “Lease”) dated __________, 20__ , by and between Landlord and Tenant covering certain space in the Building known as __________________. All terms used herein with their initial letter capitalized shall have the meaning assigned to such terms in the Lease.

Appears in 1 contract

Samples: Work Letter Agreement (Hi/Fn 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

Samples: Lease Agreement (Conatus Pharmaceuticals 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. EXHIBIT B -7- EXHIBIT B-1 FINAL SPACE PLAN EXHIBIT B-0 -0- EXHIBIT B-1 -4- EXHIBIT C NOTICE OF LEASE TERM DATES To: Re: Lease dated ______________, 2021 (including any portion of the Tenant Improvement Allowance disbursed by "Lease"), between TRIMBLE-JUNCTION VENTURES, LLC, a Delaware limited liability company ("Landlord"), and VEECO INSTRUMENTS INC., a Delaware corporation ("Tenant") and concerning 300 Xxxx Xxxxxxx Xxxx, San Jose, California. Gentlemen: Capitalized terms used but not reimbursed or otherwise paid by Tenant through defined herein shall have the date of such termination meaning set forth in connection the Lease. In accordance with the Tenant Improvements Lease, we wish to the extent planned, installed advise you and/or constructed confirm 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

Samples: Lease (Veeco Instruments 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 Work Letter (which, for purposes hereof, shall include, without limitation, the delivery by Tenant to Landlord of any oral or written, including electronic, written 071053\8589453v5 4 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 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 19.1 of the Lease or under this Work Letter (including, without limitation, any anticipatory breach described above in this Section 6.056.5), 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 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 (Quantenna Communications 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 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 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 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 C

Appears in 1 contract

Samples: Regulus 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 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.. SCHEDULE 1 TIME DEADLINES Dates Actions to be Performed

Appears in 1 contract

Samples: Extension Option Rider (1st Pacific Bancorp)

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 Lease, following applicable notice and cure periods expressly set forth in 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, following 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 and cure periods expressly set forth in the Lease) , has occurred at any time on or before the Substantial Completion of the Premises, or Tenant has failed to deliver the L-C pursuant to the terms of Article 21 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 Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant EXHIBIT B [535 Mission Street] 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 (in which caseLease. EXHIBIT B [535 Mission Street] SCHEDULE 1 TO EXHIBIT B LANDLORD WORK 000 Xxxxxxx Xxxxxx SCHEDULE 1 CORE AND SHELL IMPROVEMENTS Dated 9/16/2013 OVERVIEW LEED Gold Core & Shell, 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 additionfully-accessible building with curtain wall cladding, if the Lease is terminated prior to the Lease Commencement Dateplumbing, 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 (includingfire-protection, 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 LetterHVAC, and (B) Tenant shall pay electrical systems, and structural framing to Landlord, as Additional Rent under the Lease, within five (5) Business Days after Tenant’s receipt 100% 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 theretocode requirements.

Appears in 1 contract

Samples: Office Lease (Trulia, 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 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 (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 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: Escrow Agreement (Polycom 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 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) Lease has occurred at any time on or before the Substantial Completion of the PremisesExpansion Space and is continuing, 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 Space 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 of the Premises Expansion Space 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 Event of 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 Space Commencement Date, for any reason due to an event Event of default Default by Tenant as described under the Lease, in Section 12.01 of the Lease or under this Work Letter (including, without limitation, 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 after Tenant’s days of receipt of a statement therefor, any and all reasonable out of pocket costs (if any) incurred by Landlord (including any portion of the Tenant 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 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 Expansion Space Improvements and restoration costs related thereto.

Appears in 1 contract

Samples: Lease (Nevro Corp)

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.

Appears in 1 contract

Samples: Lease

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. EXHIBIT D COMMENCEMENT DATE MEMORANDUM 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 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.. Schedule “I” FINAL SPACE PLAN EXHIBIT B EXHIBIT C

Appears in 1 contract

Samples: Extension Option Rider (Turning Point 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 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. SCHEDULE 1 FINAL SPACE PLAN LEVEL FIVE SCHEDULE 1 -1- Execution Original LEVEL SIX SCHEDULE 1 -2- Execution Original SCHEDULE 2 ADDITIONAL DISBURSEMENT BACKUP INFORMATION TO BE PROVIDED BY TENANT – 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 CONFIRMATION OF LEASE TERMS/AMENDMENT TO LEASE 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: And Maintenance Agreement (Tocagen 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: Industrial Lease Agreement (Everspin 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 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: Escrow Agreement (Polycom 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 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: Work Letter Agreement (Axesstel 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

Samples: Office Building Lease (Veracyte, 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: Retail Lease (KBS Real Estate Investment Trust II, 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] EXHIBIT C SAN XXXXXX CORPORATE CENTER NOTICE OF LEASE TERM DATES 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 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“Lease”), then (A) Tenant shall be liable we wish to Landlord for all damages available to Landlord pursuant to the Lease and otherwise available to Landlord at law advise you 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, confirm 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

Samples: Lease (Biomarin Pharmaceutical 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: And Attornment Agreement

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