Common use of Tenant’s Lease Default Clause in Contracts

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease or this Tenant Work Letter, if any default by Tenant under the Lease or this Tenant Work Letter (including, without limitation, any failure by Tenant to fund any portion of the Over-Allowance Amount) occurs at any time on or before the Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may, without any liability whatsoever, cause the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Tenant Improvements 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. EXHIBIT B SCHEDULE 1 TO EXHIBIT B BUILDING STANDARDS • Cherry doors – 3’x 8’ 8” corridor and interior. 20 minute label, stained to match building standard sample • Timely frames – Browntone • Interior doors – Schlage D-50; Xxxxxx 626 finish • Hinges – 626 finish • Entrance locks – Schlage mortise set w/deadbolt and lever hardware • Xxxx ceiling grid white 2x4 • Xxxxxxxxx 2x4 “second look” • 2x4 parabolic 3-lamp lights • Watt Stopper wall sensors and ceiling sensor • Xxxx Xxxxxxx Suprema paint • Designweave carpet • Xxxxx rubber carpet base • Mannington VCT • Cabinets and countertops – Home Depot • Elkay stainless steel sink • Delta single handled faucet • Home Depot garbage disposal SCHEDULE 1 TO EXHIBIT B EXHIBIT C LOCATION OF GENERATOR AND CHILLER UNITS EXHIBIT C

Appears in 1 contract

Samples: Office Lease (Ixia)

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Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease or this Tenant Work LetterLease, if any default by Tenant under an Event of Tenant’s Default as described in the Lease or this Tenant Work Letter (including, without limitation, any failure by Tenant to fund any portion of the Over-Allowance Amount) occurs has occurred at any time on or before the Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may, without any liability whatsoever, may cause Contractor to cease the cessation of construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Tenant Improvements and any costs occasioned therebyPremises caused by such work stoppage), 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 this Lease (in which case, Tenant shall be responsible for any delay in the Leasesubstantial completion of the Premises caused by such inaction by Landlord). EXHIBIT B SCHEDULE 1 TO EXHIBIT B BUILDING STANDARDS • Cherry doors – 3’x 8’ 8” corridor FREMONT RELOCATION PLAN Fremont Photocathode Facility Overview GaAs and interiorInGaAsP MOCVD (Metal Organic Chemical Vapor Deposition) reactors. 20 minute labelProcess plumbing includes supply gasses (N2, stained to match building standard sample • Timely frames – Browntone • Interior doors – Schlage D-50; Xxxxxx 626 finish • Hinges – 626 finish • Entrance locks – Schlage mortise set wCDA, H2, Arsine & Phosphine), cooling water and exhaust ducting/deadbolt pumps. Life Safety system. Semi conductor processing tools: Dicers, Aligners, photo resist spinners, bonders, microscopes. Thin Film deposition tools: PEVCD (Silane gas), Sputter and lever hardware • Xxxx ceiling grid white 2x4 • Xxxxxxxxx 2x4 “second look” • 2x4 parabolic 3E-lamp lights • Watt Stopper wall sensors beam tools (gold, nickel, etc.). Wet chemistry processing: exhausted wet benches (solvents and ceiling sensor • Xxxx Xxxxxxx Suprema paint • Designweave carpet • Xxxxx rubber carpet base • Mannington VCT • Cabinets and countertops – Home Depot • Elkay stainless steel sink • Delta single handled faucet • Home Depot garbage disposal acid/bases). Facility Pad support Equipment: Acid Waste Neutralization, Arsenic treatment system, Process cooling water, DI water, HF waste storage, N2 tank, H2 tank. SCHEDULE 1 TO EXHIBIT B EXHIBIT C LOCATION OF GENERATOR AND CHILLER UNITS NO RESERVED PARKING AREA EXHIBIT CC EXHIBIT D OPTION TO EXTEND This Exhibit D (this “Exhibit”) is made in connection with and is a part of that certain Lease, dated as of March , 2014, by and between M WEST PROPCO X, LLC, a Delaware limited liability company, as Landlord, and INTEVAC, INC., a Delaware corporation, as Tenant, (the “Lease”).

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Intevac Inc)

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease or this Tenant Work Letter, if upon any event of default by Tenant under the Lease or this Tenant Work Letter (including, without limitation, any failure by Tenant to fund any portion of the Over-Allowance Amount) occurs at any time on or before the Substantial Completion of the Tenant ImprovementsImprovements and such default remains uncured ten (10) days following Landlord's notice of such default to Tenant, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may, without any liability whatsoever, cause the cessation of construction of the Tenant Improvements and cessation of any work required to be performed by Landlord pursuant to this Tenant Work Letter (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Tenant Improvements 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. EXHIBIT B SCHEDULE 1 TO EXHIBIT B BUILDING STANDARDS • Cherry doors – 3’x 8’ 8” corridor and interior. 20 minute label, stained to match building standard sample • Timely frames – Browntone • Interior doors – Schlage D-50; Xxxxxx 626 finish • Hinges – 626 finish • Entrance locks – Schlage mortise set w/deadbolt and lever hardware • Xxxx ceiling grid white 2x4 • Xxxxxxxxx 2x4 “second look” • 2x4 parabolic 3Mechanical - Therma - United Mechanical - Western Allied Mechanical - Pan-lamp lights • Watt Stopper wall sensors and ceiling sensor • Xxxx Pacific Mechanical Electrical - Cupertino Electric - Fxxxx Electric - Hxxxxx Electric - Mxxxxx Mxxxxxx - Xxxxxxx Suprema paint • Designweave carpet • Xxxxx rubber carpet base • Mannington VCT • Cabinets and countertops – Home Depot • Elkay stainless steel sink • Delta single handled faucet • Home Depot garbage disposal Electric - TL Electric Plumbing - KDS Plumbing - Therma Multi-Trade - ACCO Engineered Systems SCHEDULE 1 TO EXHIBIT B -0- [Xxxxxxxxx Xxxxxx Xxxxx I] [Nkarta, Inc.] EXHIBIT C LOCATION OF GENERATOR AND CHILLER UNITS EXHIBIT CBRITANNIA OYSTER POINT I

Appears in 1 contract

Samples: Lease (Nkarta, Inc.)

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in this Lease, if an Event of Default as described in Section 19.1 of the Lease or this Tenant Work Letter, if any default by Tenant under the Lease or this Tenant Work Letter (including, without limitation, any failure by Tenant to fund any portion of the Over-Allowance Amount) occurs has occurred at any time on or before the Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of cause Contractor to cease the Tenant Improvement Allowance and/or Landlord may, without any liability whatsoever, cause the cessation of construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Tenant Improvements and any costs occasioned therebyPremises caused by such work stoppage as set forth in Section 5 of this Work Letter), 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 Event of Default or default is cured pursuant to the terms of the Lease. 0000 Xxxxx Xxxxxx EXHIBIT B Genworth Financial Wealth Management, Inc. WORK LETTER SCHEDULE 1 TO – SPACE PLAN 0000 Xxxxx Xxxxxx EXHIBIT B Genworth Financial Wealth Management, Inc. WORK LETTER SCHEDULE 2 – BUILDING STANDARDS • Cherry doors – 3’x 8STANDARD SPECIFICATIONS OFFICE FINISHES CARPET TANDUS - INCLINE COLLECTION 04122 PAINT XXXXXXX-XXXXXXXX - COLOR LOW LUSTER BASE XXXXX RUBBER WALLBASE - UNI-COLOR 701/BLACK VCT XXXXXXXXX - STANDARD EXCELON LAMINATE WILSONART ELECTRICAL FIXTURE & LAMPS: 2’x 28” corridor and interiorLUNERA LED FIXTURE, 3500K BALLAST: 277 ELECTRONIC BALLAST WHIP SYSTEM: AFC #12AWG 277/480V 20AMP LIGHT SENSORS: WATT STOPPER W-500A OR SAME STYLE FOR PROPER SQFT RELAY PACK: WATT STOPPER MODEL# B277EP EXIT LIGHTS: SURE LITE MD# U.S.E.T. 911-B 277V DC BACKUP RED LETTERS PASS ELEV. 20 minute labelLOBBY IS LITHONIA MD# LQM SW3R 120/277ELN WATT METER: REPLACE WITH LIKE CEILING GRID: FINELINE 1/8 STANDARD METAL T-BAR. 2x2 GRID PATTERN TILE: XXXXXXXXX DUNE (1775) OR EQUIVALENT DOORS SLICED WHITE OAK 3’ - 0" X 1 3/4" THK. FULL HEIGHT SOLID CORE (height 8’3") PARTITION STANDARD: 2 1/2" 25GA METAL STUD, stained to match building standard sample • Timely frames – Browntone • Interior doors – Schlage D-50; 5/8" GYPSUM BOARD, SLAB TO CEILING DEMISING: 3 5/8" 20GA METAL STUD, 5/8" GYPSUM BOARD, SLAB TO STRUCTURE ABOVE. BATT INSULATION IN CAVITY 0000 Xxxxx Xxxxxx 626 finish • Hinges – 626 finish • Entrance locks – Schlage mortise set w/deadbolt and lever hardware • Xxxx ceiling grid white 2x4 • Xxxxxxxxx 2x4 “second look” • 2x4 parabolic 3-lamp lights • Watt Stopper wall sensors and ceiling sensor • Xxxx Xxxxxxx Suprema paint • Designweave carpet • Xxxxx rubber carpet base • Mannington VCT • Cabinets and countertops – Home Depot • Elkay stainless steel sink • Delta single handled faucet • Home Depot garbage disposal SCHEDULE 1 TO EXHIBIT B Genworth Financial Wealth Management, Inc. EXHIBIT C LOCATION OF GENERATOR 1655 GRANT OPERATING EXPENSE DEFINITIONS AND CHILLER UNITS EXHIBIT CCALCULATION PROCEDURES

Appears in 1 contract

Samples: Office Lease (AssetMark Financial Holdings, Inc.)

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in this Lease, if an Event of Default as described in Section 19.1 of the Lease Lease, or a default by Tenant under this Tenant Work Letter, if any default by Tenant under the Lease or this Tenant Work Letter (including, without limitation, any failure by Tenant to fund any portion of the Over-Allowance Amount) occurs has occurred at any time on or before the Substantial Completion completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, Landlord shall have the right to withhold payment of all or any portion of cause Contractor to cease the Tenant Improvement Allowance and/or Landlord may, without any liability whatsoever, cause the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Tenant Improvements and any costs occasioned thereby)Premises, 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 this Lease (in which case, Tenant shall be responsible for any delay in the Leasecompletion of the Premises caused by such inaction by Landlord). EXHIBIT Schedule 1 to Exhibit B SCHEDULE Building Standard Specifications SWIFT PLAZA 1655 GRANT STREET BUILDING STANDARD SPECIFICATIONS NOTE: THIS LIST IS A GUIDLINE ONLY AND SOME PRODUCTS AND/OR EQUIPMENT ARE STILL BEING VERIFIED; SPECIFICATIONS MAY CHANGE FROM TIME TO TIME, OR AN EQUIVALENT PRODUCT MAY BE USED, AT LANDLORD’S SOLE DISCRETION; VERIFY ALL MATERIALS WITH THE BUILDING ENGINEER PRIOR TO COMMENCEMENT OF ANY WORK OFFICE FINISHES CARPET TANDUS / INLINE (04122) or Xxxx Cost Equivalent PAINT XXXXX XXXXX BASE XXXXX VCT MANNINGTON OR Xxxxxxxxx - Standard Excelon Cost Equivalent LAMINATE WILSONART ELECTRICAL FIXTURE & LAMPS: GE - LUMINATION LED LUMINAIRES BT22 DIMMABLE SERIES 2x2 TROFFER - LED MODULE BALLAST: 277 ELECTRONIC BALLAST WHIP SYSTEM: LIGHT SENSORS: RELAY PACK: EXIT LIGHTS: LITHONIA - EDG (Surface mounted LED edge-lit) WATT METER: REPLACE WITH LIKE LIFE SAFETY PULL STATION: SERVICED & MONITORED BY HONEYWELL STROBE: SERVICED & MONITORED BY HONEYWELL SPEAKER: SERVICED & MONITORED BY HONEYWELL FIRE XXXX: SERVICED & MONITORED BY HONEYWELL 1 of 3 Building Standards REVISED 4 8 15 Schedule 2 to Exhibit B -1- 0000 XXXXX XXXXXX [First Amendment] [AssetMark, Inc.] SMOKE DET: SERVICED & MONITORED BY HONEYWELL DUCT DET: SERVICED & MONITORED BY HONEYWELL SPRINKLER HEAD: SERVICED & MONITORED BY HONEYWELL ESCUTCHEON: SERVICED & MONITORED BY HONEYWELL HVAC VAV BOXES: XXXXXXX OR XXXXX CONTROLLER: TRANE TRACER (see Trane for graphic upgrades to DDC System) STAT: TRANE TRACER 4190 1087 REGISTERS: MATCH EXISTING CEILING GRID: MATCH EXISTING TILE: XXXXXXXXX - TEGULAR (ULTIMA/1912) 2x2 panels DOORS PACIFIC ARCHITECTURAL WOOD PRODUCTS - XX XXXXX MAPLE (Clear finish) PARTITION STANDARD: 2 1/2” 25GA METAL STUD, 5/8” “X” GYPSUM BOARD, SLAB TO EXHIBIT CEILING CORRIDOR: 3 5/8” 20GA METAL STUD, 5/8” “X” GYPSUM BOARD, SLAB TO STRUCTURE ABOVE. BATT INSULATION IN CAVITY DEMISING: 3 5/8” 20GA METAL STUD, 5/8” “X” GYPSUM BOARD, SLAB TO STRUCTURE ABOVE. BATT INSULATION IN CAVITY HARDWARE LOCKS: MORTISE: SCHLAGE MORTISE FOR PRIMUS - 6 pin preped for Primus large format SCHLAGE SCH L9080EL626 SCHLAGE SCH 00-000 000 PLATES & PULLS: MATCH EXISTING HINGES: MATCH EXISTING BUTTS: MATCH EXISTING DOOR CLOSER: LCN STOPS: MATCH EXISTING TRIM, MISC.: MATCH EXISTING SILENCERS: MATCH EXISTING 2 of 3 Building Standards REVISED 4 8 15 Schedule 2 to Exhibit B BUILDING STANDARDS • Cherry doors – 3’x 8’ 8” corridor -2- 0000 XXXXX XXXXXX [First Amendment] [AssetMark, Inc.] RESTROOMS SINKS: MATCH EXISTING FAUCETS: XXXXX OPTIMA SYSTEMS - Sensor Operated Faucet (EBF615-1213) SOAP DISP: AUTOSOAP - Automatic soap system (MSC#000042) PAPER TOWEL DISP: GEORGIA PACIFIC ENMOTION SEAT COVER DISP: REPLACE WITH LIKE TOILET PAPER DISP: GEORGIA PACIFIC ENMOTION FLUSH KIT: XXXXX DUAL-FLUSH FLUSHOMETER (XXX-111 - TOILET) XXXXX ROYAL MODEL FLUSHMETER (186-HEU - URINAL) TOILET: XXXXX ST-2059-A UNIVERSAL CLOSET URINAL: XXXXX XX-7009-A UNIVERSAL HIGH EFFICIENCY URINAL PARTITIONS: REPLACE WITH LIKE PLUMBING: ALL copper pipe and interior. 20 minute labelfittings for plumbing fixtures to be plumbed in type L Copper 3 of 3 Building Standards REVISED 4 8 15 Schedule 2 to Exhibit B -3- 0000 XXXXX XXXXXX [First Amendment] [AssetMark, stained to match building standard sample • Timely frames – Browntone • Interior doors – Schlage D-50; Xxxxxx 626 finish • Hinges – 626 finish • Entrance locks – Schlage mortise set w/deadbolt Inc.] SECOND AMENDMENT TO OFFICE LEASE This SECOND AMENDMENT TO OFFICE LEASE (this “Second Amendment”) is made and lever hardware • Xxxx ceiling grid white 2x4 • Xxxxxxxxx 2x4 entered into as of the 14th day of March, 2018 by and between SFG OWNER A, LLC, a Delaware limited liability company (second look” • 2x4 parabolic 3-lamp lights • Watt Stopper wall sensors Landlord”), and ceiling sensor • Xxxx Xxxxxxx Suprema paint • Designweave carpet • Xxxxx rubber carpet base • Mannington VCT • Cabinets and countertops – Home Depot • Elkay stainless steel sink • Delta single handled faucet • Home Depot garbage disposal SCHEDULE 1 TO EXHIBIT B EXHIBIT C LOCATION OF GENERATOR AND CHILLER UNITS EXHIBIT CASSETMARK, INC., a California corporation (“Tenant”).

Appears in 1 contract

Samples: Office Lease (AssetMark Financial Holdings, Inc.)

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease or this Tenant Work Letter, if any default by Tenant under the Lease or this Tenant Work Letter (including, without limitation, any failure by Tenant to fund any portion of the Over-Allowance Amount) occurs at any time on or before the Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may, without any liability whatsoever, cause the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Tenant Improvements 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. EXHIBIT B SCHEDULE 1 TO EXHIBIT B BUILDING STANDARDS • Cherry doors – 3’x 8’ 8— 3’x8’8” corridor and interior. 20 minute label, stained to match building standard sample • Timely frames – Browntone — browntone • Interior doors Schlage D-50; Xxxxxx Rxxxxx 626 finish • Hinges 626 finish • Entrance locks Schlage mortise set w/deadbolt and lever hardware • Xxxx Dxxx ceiling grid white 2x4 • Xxxxxxxxx Axxxxxxxx 2x4 “second look” • 2x4 parabolic 3-3 lamp lights • Watt Stopper wall sensors and ceiling sensor • Xxxx Xxxxxxx Dxxx Exxxxxx Suprema paint • Designweave carpet • Xxxxx Bxxxx rubber carpet base • Mannington VCT • Cabinets and countertops Home Depot • Elkay stainless steel sink • Delta single handled faucet • Home Depot garbage disposal SCHEDULE 1 TO EXHIBIT B -1- EXHIBIT C LOCATION 26601, 26701 and 20000 XXXX XXXXXX XXXX NOTICE OF GENERATOR AND CHILLER UNITS EXHIBIT LEASE TERM DATES To: Re: Office Lease dated ____________, 2007 between MS LPC MALIBU PROPERTY HOLDINGS, LLC, a Delaware limited liability company (“Landlord”), and IXIA, a California corporation (“Tenant”) concerning the entire rentable area (the “Building F Premises”) of the office building located at 20000 Xxxx Xxxxxx Xxxx, Xxxxxxxxx, Xxxxxxxxxx (“Building F”), Suite 100 and Suite 105 on the first floor (the “Building A Premises”) of the office building located at 20000 Xxxx Xxxxxx Xxxx, Xxxxxxxxx, Xxxxxxxxxx (“Building A”) and Suite 101 on the first floor (the “Building C Premises”) of the office building located at 20000 Xxxx Xxxxxx Xxxx, Xxxxxxxxx, Xxxxxxxxxx (“Building C”). Gentlemen: In accordance with the Office Lease (the “Lease”), we wish to advise you and/or confirm as follows:

Appears in 1 contract

Samples: Office Lease (Ixia)

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease or this Tenant Work Letter, if any default by Tenant beyond any applicable notice and cure period under the Lease or this Tenant Work Letter (including, without limitation, any failure by Tenant to fund any portion of the Over-Allowance Amount) occurs at any time on or before the Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may, without any liability whatsoever, cause the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Tenant Improvements 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. EXHIBIT B SCHEDULE 1 TO EXHIBIT B BUILDING STANDARDS • Cherry doors – 3’x 8’ 8” corridor and interior. 20 minute label, stained to match building standard sample • Timely frames – Browntone • Interior doors – Schlage D-50; Xxxxxx 626 finish • Hinges – 626 finish • Entrance locks – Schlage mortise set w/deadbolt and lever hardware • Xxxx ceiling grid white 2x4 • Xxxxxxxxx 2x4 “second look” • 2x4 parabolic 3-lamp lights • Watt Stopper wall sensors and ceiling sensor • Xxxx Xxxxxxx Suprema paint • Designweave carpet • Xxxxx rubber carpet base • Mannington VCT • Cabinets and countertops – Home Depot • Elkay stainless steel sink • Delta single handled faucet • Home Depot garbage disposal B-21- SCHEDULE 1 TO EXHIBIT B EXHIBIT C LOCATION OF GENERATOR B-22- EXHIBIT B-23- SCHEDULE 2 TO EXHIBIT B BUILDING STANDARDS [attached] EXHIBIT B-24- EXHIBIT B-25- EXHIBIT B-26- EXHIBIT B-27- EXHIBIT B-28- EXHIBIT B-29- EXHIBIT B-30- EXHIBIT B-31- EXHIBIT B-32- EXHIBIT B-33- EXHIBIT B-34- EXHIBIT B-35- EXHIBIT B-36- EXHIBIT B-37- EXHIBIT B-38- EXHIBIT B-39- EXHIBIT B-40- SCHEDULE 3 TO EXHIBIT B LANDLORD’S GENERAL CONDITIONS LANDLORD'S GENERAL TERMS AND CHILLER UNITS CONDITIONS INDEMNIFICATION • To the fullest extent permitted by law, Contractor shall defend all claims through legal counsel acceptable to KRC Entity and any of the other Indemnitees requiring defense, and indemnify and hold KRC Entity, Xxxxxx Realty, L.P., Xxxxxx Realty Corporation, Xxxxxx Realty Finance Partnership, L.P., and any party with an interest in the Project, and any lender for the Project, and their respective parents, subsidiaries, shareholders, parents, members and affiliates at every tier, and all of the respective officers, directors, employees, partners, members, and shareholders of all of the foregoing, and all of the respective heirs, executors, successors and assigns of all of the foregoing (collectively referred to as "Indemnitees") harmless from and against each and all of the following: (1) any claim, demand, liability, loss, damage, cost, expense, including reasonable attorneys’ fees, awards, fines, or judgments (collectively "Liabilities") arising out of, or relating in any way, directly or indirectly, to the Work, death or bodily or personal injury to persons, injury or damage to tangible property, including the loss of use therefrom, construction defects, or other loss, damage or expense; (2) any and all Liabilities sustained by the Indemnitees, including reasonable attorneys’ fees, on account of or through the misuse of the land which is the Project location, the improvements thereon, or any part of either by a Contractor Party, or by any other person whomsoever thereon, at the invitation, express or implied, of a Contractor Party, or by permission of a Contractor Party arising out of or indirectly or directly due to or resulting from the performance of the Work by a Contractor Party; (3) any Liabilities, including reasonable attorneys’ fees, by reason of the misuse by a Contractor Party or any of its agents, servants, employees, invitees, licensees or permittees of the Project or any part thereof, or the improvements situated thereon; and (4) any negligence or willful misconduct or breach of the Agreement by any Contractor Party. EXHIBIT CB-41- • This indemnity shall survive the expiration or termination of the Agreement and shall remain in effect until such time as an action on account of any matter covered by such indemnity is barred by applicable statute of limitations. Contractor’s indemnification obligation under these Landlord General Terms and Conditions ("General Conditions") shall apply regardless of the passive negligence of Indemnitees and regardless of whether liability without fault is imposed or sought to be imposed on Indemnitees, except to the extent that such indemnity is void or otherwise unenforceable under applicable law in effect on or validly retroactive to the date of the Agreement, and except where such Liabilities are the result of the sole or active negligence or willful misconduct of Indemnitees or independent contractors who are directly responsible to Indemnitees other than a Contractor Party. • This indemnity shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist in favor of the Indemnitees under the Agreement, at law or in equity, as to any part or person described in these Landlord General Conditions or otherwise. Such indemnification shall extend to Liabilities which accrue or relate to events which occur after completion of the Work as well as during the Work’s progress. Nothing herein shall be deemed to abridge the rights, if any, of Owner or any of the other Indemnitees to seek contribution where appropriate. For the purposes of these Landlord General Terms and Conditions, Owner shall be deemed to mean KRC Entity. • As used herein, the term "Contractor Party" means Contractor, Contractor's Subcontractors of every tier, consultants and/or material suppliers and their respective employees, agents and/or representatives. • In connection with any and all Claims against the Indemnitees and by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under these Landlord General Conditions shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. • Indemnified Liabilities under these Landlord General Conditions shall include, without limitation: (1) injury or damage consequent upon the failure of or use or misuse by Contractor, its Subcontractor, agents, and all other kinds of items of equipment, whether or not the same be owned, furnished or loaned by Owner and (2) time expended by the Indemnitee and its employees at their usual rates plus all costs for reproduction of documents. EXHIBIT B-42- • The Contractor’s indemnity obligations under these Landlord General Conditions shall, but not by way of limitation, specifically include all claims and judgments which may be made against the Indemnitees under any “safe place to work” or similar-type statute, similar laws of a state or other governmental body having jurisdiction, and against claims and judgments arising from violation of public ordinances and requirements of governing authorities due to the Contractor’s or Subcontractor’s method of execution of the Work. The Contractor's indemnity obligations shall also specifically include, without limitation, all fines, penalties, damages, liability, costs, expenses (including, without limitation, reasonable attorneys' fees), and punitive damages (if any) arising out of, or in connection with, any (i) violation or failure to comply with any law, statute, ordinance, rule regulation, code, or requirement of a public authority that bears upon the performance of the Work by the Contractor, a Subcontractor, or any person or entity for whom either is responsible, (ii) means, methods, procedures techniques, or sequences of execution or performance of the Work, and (iii) failure to secure and pay for permits, fees, approvals, licenses, and inspections as required under the Contract Documents, or any violation of any permit or other approval of a public authority applicable to do the Work, by the Contractor, a Subcontractor, or any person or entity for whom either is responsible. • Except as otherwise expressly set forth herein, the indemnification obligations of the Contractor under the Agreement shall be limited only to the extent required by the laws of the State in which the Project is located. • All fees, costs and expenses to be paid by Contractor as indemnitor hereunder shall be made on a "paid as incurred" basis within thirty (30) days of the indemnitor’s receipt of a statement or invoice therefor. Should the indemnitor object to any such fees, costs or expenses, the indemnitor shall nevertheless pay such fees, costs and expenses within such thirty (30) days which payment, if expressly stated in writing at the time of such payment to be "under protest", shall not prejudice the indemnitor’s right to subsequently object to such fee, cost or expense paid under protest. • Contractor’s duty to defend Indemnitees is entirely separate from, independent of and free-standing of Contractor’s duty to indemnify Indemnitees, including without limitation, the defense of Indemnitees against claims for which Indemnitees (or any of them) may be strictly liable and applies whether the issue of Contractor’s negligence, breach of contract or other fault or obligation has been determined and whether Indemnitees (or any of them) have paid any sums, or incurred any detriment, EXHIBIT B-43- arising out of or resulting directly or indirectly from Contractor’s performance of the Work. It is the parties’ intention that Indemnitees (or any of them) shall be entitled to obtain summary adjudication of Contractor’s duty to defend Indemnitees at any stage of any action or suit within the scope of these Landlord General Conditions. Indemnitees shall be entitled to recover their reasonable attorneys’ fees and costs incurred in enforcing the provisions of these Landlord General Conditions. Payment to Contractor by any Indemnitee shall not be a condition precedent to enforcing such parties’ right to indemnity. The contractual right of indemnification provided to Indemnitees hereunder shall be cumulative to all rights of equitable indemnity to which the Indemnitees may otherwise be entitled; provided, however, that reservation of the right of equitable indemnity shall not apply to reduce or decrease any rights of indemnity provided to Indemnitees pursuant to the Contract.

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

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Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease or this Tenant Fifth Amendment Premises Work Letter, if any default monetary or material non-monetary Default by Tenant under the Lease or default under this Tenant Fifth Amendment Premises Work Letter (including, without limitation, any failure by Tenant to fund any portion of the Over-Allowance Amount) occurs at any time on or before the Substantial Completion substantial completion of the Tenant ImprovementsFifth Amendment Premises 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's initials /s/ K.W. Tenant's initials _______________ EXHIBIT B CHINA BASINFifth AmendmentLyft, Inc. Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Fifth Amendment Premises Improvement Allowance and/or Landlord may, without any liability whatsoever, cause the cessation of construction of the Tenant Fifth Amendment Premises Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Tenant Fifth Amendment Premises Improvements 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. Landlord's initials /s/ K.W. Tenant's initials _______________ EXHIBIT B SCHEDULE 1 TO EXHIBIT B BUILDING STANDARDS • Cherry doors – 3’x 8’ 8” corridor and interior. 20 minute labelCHINA BASINFifth AmendmentLyft, stained to match building standard sample • Timely frames – Browntone • Interior doors – Schlage D-50; Xxxxxx 626 finish • Hinges – 626 finish • Entrance locks – Schlage mortise set w/deadbolt and lever hardware • Xxxx ceiling grid white 2x4 • Xxxxxxxxx 2x4 “second look” • 2x4 parabolic 3-lamp lights • Watt Stopper wall sensors and ceiling sensor • Xxxx Xxxxxxx Suprema paint • Designweave carpet • Xxxxx rubber carpet base • Mannington VCT • Cabinets and countertops – Home Depot • Elkay stainless steel sink • Delta single handled faucet • Home Depot garbage disposal SCHEDULE 1 TO EXHIBIT B Inc. EXHIBIT C LOCATION OF GENERATOR AND CHILLER UNITS CHINA BASIN ARCHITECT’S CERTIFICATE REGARDING RE-MEASUREMENT EXHIBIT CC CHINA BASINFifth AmendmentLyft, Inc.

Appears in 1 contract

Samples: Office Lease (Lyft, Inc.)

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease or this Tenant Work Letter, if any default by Tenant under the Lease or this Tenant Work Letter (including, without limitation, any failure by Tenant to fund any portion of the Over-Allowance Amount) occurs at any time on or before the Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may, without any liability whatsoever, cause the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Tenant Improvements 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. EXHIBIT B SCHEDULE 1 TO EXHIBIT B BUILDING STANDARDS • Cherry doors – 3’x 8’ 8” corridor and interior. 20 minute label, stained to match building standard sample • Timely frames – Browntone • Interior doors – Schlage D-50; Xxxxxx 626 finish • Hinges – 626 finish • Entrance locks – Schlage mortise set w/deadbolt and lever hardware • Xxxx ceiling grid white 2x4 • Xxxxxxxxx 2x4 “second look” • 2x4 parabolic 3-lamp lights • Watt Stopper wall sensors and ceiling sensor • Xxxx Xxxxxxx Suprema paint • Designweave carpet • Xxxxx rubber carpet base • Mannington VCT • Cabinets and countertops – Home Depot • Elkay stainless steel sink • Delta single handled faucet • Home Depot garbage disposal SCHEDULE 1 TO EXHIBIT B -1- EXHIBIT C LOCATION OF GENERATOR AND CHILLER UNITS EXHIBIT C

Appears in 1 contract

Samples: Office Lease

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in this Lease, if an event of default as described in the Lease Lease, or a default by Tenant under this Tenant Work Letter, if any default by Tenant under the Lease or this Tenant Work Letter (including, without limitation, any failure by Tenant to fund any portion of the Over-Allowance Amount) occurs has occurred at any time on or before the Substantial Completion of the Premises, in each case, beyond any applicable notice and cure period expressly set forth in the Lease or this Tenant ImprovementsWork Letter, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may, without any liability whatsoever, may cause Contractor to cease the cessation of construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as set forth in Section 5 of this Tenant Improvements and any costs occasioned therebyWork Letter), 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. EXHIBIT B -69- HCP, INC. [4930 Director’s Place] [Sorrento Therapeutics, Inc.] SCHEDULE 1 TO EXHIBIT B BASE BUILDING STANDARDS • Cherry doors – 3’x 8’ 8” corridor PLANS Except as modified by the bullets below, Landlord shall construct the warm shell reflected in the construction documents prepared by Delawie Architecture and interiorsubmitted to the City of San Diego for permitting, which Landlord has previously made available for Tenant’s review. 20 minute label Lobby & Lobby stair with all associated finishes, stained plumbing fixtures and infrastructure, HVAC, electrical, and fire life safety systems.  Core Restrooms with all associated finishes, plumbing, HVAC, electrical, and fire life safety systems.  Training Room/Conference area depicted in the Delawie plans shall be deleted. Tenant may use the Tenant Improvement Allowance to match design and construct its own improvements in this area.  Elevator: (2) traction elevators, both finished for passenger use: (1) elevator is sized for service and (1) sized for passengers.  Plumbing to include central heating hot water, cold water, and sanitary systems with piping main distribution. Additionally, lab waste lines, vents & sample ports in 4 column stacks Tenant to provide branch connection points for future tenant connections.  Mechanical/HVAC: Base building standard sample • Timely frames – Browntone • Interior doors – Schlage D-50rooftop package units shall be installed with ducting systems stubbed to each floor. Capacity sized for office/lab load typical for San Diego life science R&D facilities. All tenant space VAV’s and other TI equipment to be provided by tenant.  Electrical to include main building Switchgear (4000A 480V) for distribution to all floors and mechanical support. Distribution to have separate house SDGE meter and provisions for multiple SDGE meters for tenant use; Xxxxxx 626 finish • Hinges – 626 finish • Entrance locks – Schlage mortise set w/deadbolt Distribution boards shall be located at the main electrical room for the tenant and lever hardware • Xxxx ceiling grid white 2x4 • Xxxxxxxxx 2x4 “second look” • 2x4 parabolic 3-lamp lights • Watt Stopper wall sensors house system. Provisions for future generator connectivity shall be provided.  Completion of fitness center and ceiling sensor • Xxxx Xxxxxxx Suprema paint • Designweave carpet • Xxxxx rubber carpet base • Mannington VCT • Cabinets and countertops – Home Depot • Elkay stainless steel sink • Delta single handled faucet • Home Depot garbage disposal cafeteria buildings. -70- HCP, INC. [4930 Director’s Place] [Sorrento Therapeutics, Inc.] SCHEDULE 1 2 TO EXHIBIT B EXHIBIT C LOCATION OF GENERATOR AND CHILLER UNITS EXHIBIT CDELIVERY CONDITION Landlord Initial Compliance Obligations

Appears in 1 contract

Samples: Sorrento Gateway (Sorrento Therapeutics, Inc.)

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease or this Tenant Work Letter, if any default by Tenant under the Lease or this Tenant Work Letter (including, without limitation, any failure by Tenant to fund any portion of the Over-Allowance Amount) occurs and is not cured within any applicable notice and cure periods provided under this Lease at any time on or before the Substantial Completion substantial completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may, without any liability whatsoever, cause the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the Substantial Completion substantial completion of the Tenant Improvements 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. EXHIBIT B SCHEDULE 1 TO -12- XXXXXX REALTY 000 XXXXXXX XXXXXX [StumbleUpon, Inc.] EXHIBIT B-1 CONTRACTOR INSURANCE REQUIREMENTS [see attached] EXHIBIT B BUILDING STANDARDS • Cherry doors -13- XXXXXX REALTY 000 XXXXXXX XXXXXX [StumbleUpon, Inc.] Exhibit B List of Furniture EXHIBIT B -14- XXXXXX REALTY 000 XXXXXXX XXXXXX [StumbleUpon, Inc.] STUMBLEUPON FIFTH FLOOR FURNITURE INVENTORY AS OF 07/16/2013 UPDATED AND FINAL: 08/07/2013 TASK CHAIRS: Aeron -100 Other Mesh -10 DESK LAMPS: Silver 3’x 8’ 8” corridor and interior. 20 minute label, stained to match building standard sample • Timely frames – Browntone • Interior doors – Schlage D-50; Xxxxxx 626 finish • Hinges – 626 finish • Entrance 90 PEDESTAL FILE CABINETS: Silver -93 SENTRY FIREPROOF FILE CABINETS: 2 Drawer Black with locks – Schlage mortise set w4 ROLLING WHITEBOARDS – 6 WOOD TOP DESKS WITH POWER/deadbolt and lever hardware • Xxxx ceiling grid white 2x4 • Xxxxxxxxx 2x4 “second lookDATA: Movable – 8 Fixed – 82 XXXXXX CONFERENCE ROOM: 1-18• 2x4 parabolic 3Glass Top Side Table with black X-lamp lights • Watt Stopper wall sensors and ceiling sensor • Xxxx Xxxxxxx Suprema paint • Designweave carpet • Xxxxx rubber carpet base • Mannington VCT • Cabinets and countertops 2 - 36” Glass Top Conference Table with White X-base 5 - Chairs - Beech wood with black leather seats 3 - Desk Lamps Home Depot • Elkay stainless steel sink • Delta single handled faucet • Home Depot garbage disposal SCHEDULE 1 TO EXHIBIT B EXHIBIT C LOCATION OF GENERATOR AND CHILLER UNITS EXHIBIT CSilver COPERNICUS CONFERENCE ROOM:

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

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