Terms for Offering Space. 1. The term for the Offering Space shall commence on the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the Offering Space shall be considered a part of the Premises subject to the provisions of the Lease, as amended; provided, however, that the provisions of the Advice shall prevail to the extent they conflict with the provisions of the Lease, as amended. 2. Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the provisions of the Advice, which provisions shall reflect the Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable judgment. 3. Except as may be otherwise provided in the Advice, the Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the date the term for the Offering Space commences. If Landlord is delayed in delivering possession of the Offering Space by any holdover or unlawful possession of the Offering Space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Space, and the commencement date of the term for the Offering Space shall be postponed until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party.
Appears in 2 contracts
Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)
Terms for Offering Space. 1. (a) The term for the Offering Space shall commence on upon the commencement date stated in the Advice (and have a shall terminate upon the termination date stated expiration date which is in the same stated expiration date as that for the then existing Premises) Advice), and thereupon the such Offering Space shall be considered a part of the Premises subject to the provisions Premises, provided that all of the Lease, as amended; provided, however, that the provisions of terms stated in the Advice shall prevail govern Tenant’s leasing of the Offering Space and only to the extent that they do not conflict with the provisions Advice, the terms and conditions of this Lease shall apply to the Lease, as amendedOffering Space.
2. (b) Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable judgment.
3. Except as may be otherwise provided in the Advice, the (c) The Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the date the term for the such Offering Space commences, unless the Advice specifies any work to be performed by Landlord in the Offering Space, in which case Landlord shall perform such work in the Offering Space. If Landlord is delayed in delivering possession of the Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for the Offering Space shall be postponed until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Zillow Inc)
Terms for Offering Space. 1. The term for the Offering Space shall commence on upon the commencement date stated in the Advice, and Landlord shall deliver such space by such date in the condition stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the such Offering Space shall be considered a part of the Premises subject to the provisions Premises, provided that all of the Lease, as amended; provided, however, that the provisions of terms stated in the Advice shall prevail govern Tenant’s leasing of the Offering Space and only to the extent that they do not conflict with the provisions Advice, the terms and conditions of this Lease shall apply to the Lease, as amendedOffering Space.
2. Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable judgment.
3. Except as may be otherwise provided in the Advice, the The Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the date the term for such Offering Space commences, unless the Advice specifies any work to be performed by Landlord in the Offering Space, in which case Landlord shall perform such work in the Offering Space commencesprior to such space becoming part of the Premises. If Landlord is delayed in delivering possession of the Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for the Offering Space shall be postponed until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract
Samples: Lease Agreement (Sonus Networks Inc)
Terms for Offering Space. 1. The term for the Offering Space shall commence on upon the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the Offering Space shall be considered a part of the Premises subject to the provisions Sublet Portion, provided that all of the Lease, as amended; provided, however, that the provisions of terms stated in the Advice shall prevail govern Subtenant’s subleasing of the applicable Offering Space and only to the extent they do not conflict with the provisions Advice, the terms and conditions of the Lease, as amended.
2Sublease shall apply to the applicable Offering Space. Tenant Subtenant shall pay Base Rent and Additional Rent for the applicable Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions shall reflect the Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable judgment.
3. Except as may be otherwise provided in the Advice, the The applicable Offering Space (including improvements and personalty, if any) shall be accepted by Tenant Subtenant in its as-is condition and as-built is configuration existing on the earlier of the date Tenant Subtenant takes possession of the applicable Offering Space or as of the date the term for the applicable Offering Space commences, unless the Advice specifies any work to be performed by Sublandlord in the applicable Offering Space, in which case Sublandlord shall perform such work in the Offering Space. If Landlord Sublandlord is delayed in delivering possession of the applicable Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord Sublandlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for the applicable Offering Space shall be postponed until the date Landlord Sublandlord delivers possession of the applicable Offering Space to Tenant Subtenant free from occupancy by any party.
Appears in 1 contract
Samples: Sublease (Zuora Inc)
Terms for Offering Space. 1. The term for the Offering Space shall commence on upon the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the such Offering Space shall be considered a part of the Premises subject to the provisions Premises, provided that all of the Lease, as amended; provided, however, that the provisions of terms stated in the Advice shall prevail govern Tenant’s leasing of the Offering Space and only to the extent that they do not conflict with the provisions Advice, the terms and conditions of this Lease shall apply to the Offering Space. Notwithstanding the foregoing the termination date with respect to the Offering Space shall be the Expiration Date defined in the Lease, as amended.
2. Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable judgment.
3. Except as may be otherwise provided in the Advice, the The Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the date the term for the such Offering Space commences, unless the Advice specifies any work to be performed by Landlord in the Offering Space, in which case Landlord shall perform such work in the Offering Space. If Landlord is delayed in delivering possession of the Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for the Offering Space shall be postponed until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract
Terms for Offering Space. 1. a. The term for the Offering Space shall commence on upon the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the such Offering Space shall be considered a part of the Premises subject to the provisions Substitution Space, provided that all of the Lease, as amended; provided, however, that terms stated in the provisions Advice shaft govern Tenant's leasing of the Advice shall prevail Offering Space and only to the extent that they do not conflict with the provisions Advice, the terms and conditions of the Lease, Lease as amendedamended hereby shall apply to the Offering Space.
2. b. Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the Offering Space Prevailing Market rate for the Offering Space as determined in Landlord’s 's reasonable judgment.
3. Except as may be otherwise provided in the Advice, the c. The Offering Space (including improvements and personaltypersonally, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the date the term for the lot such Offering Space commences, unless the Advice specifies any work to be performed by Landlord in the Offering Space, in which case Landlord shall perform such work in the Offering Space. If Landlord is delayed in delivering possession of the Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for the Offering Space shall be postponed until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract
Terms for Offering Space. 1A. The term for the Offering Space shall be such period as Landlord, in its sole and absolute discretion, may set forth in the Advice; provided, however, that such term shall be not less than coterminous with the term for the initial Premises hereunder and (except to the extent necessary to be so coterminous) shall not exceed 120 months. Sections 5 and 6 above shall not apply to the Offering Space unless the term for the Offering Space is coterminous with the term for the initial Premises hereunder.
B. The term for the Offering Space shall commence on the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the Offering Space shall be considered a part of the Premises subject to the provisions of the Lease, as amended; provided, however, that the provisions of the Advice (including the provision of the Advice establishing the expiration date for the Offering Space) shall prevail to the extent they conflict with the provisions of the Lease, as amended.
2. C. Tenant shall pay Base Rent and Additional Monthly Rent for the Offering Space in accordance with the provisions of the Advice, . The Base Year with respect to the Offering Space shall be the calendar year in which provisions the Offering Space is scheduled to commence in accordance with the Advice. The Advice shall reflect the Prevailing Market (defined in Section 8.5 below) rate for the Offering Space as determined in Landlord’s reasonable judgment.
3. D. Except as may be otherwise provided in the Advice, (i) the Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is configuration and condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the commencement date the term for the Offering Space commences. If Space; and (ii) if Landlord is delayed in delivering possession of the Offering Space by any holdover or unlawful possession of the Offering Space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Space and any obligation of Landlord to tender possession of, permit entry to, or perform alterations to the Offering Space shall be deferred until after Landlord has obtained possession of the Offering Space.
E. If Landlord sends the Advice on or prior to the date that is eighteen (18) months after the date of full execution and delivery of this Lease, then notwithstanding anything in this Section 8 to the contrary, the Advice shall provide (with any concessions being in lieu of and not in addition to concessions that Landlord would otherwise have been prepared to offer in connection with leasing such Offering Space to offer): (i) the commencement date of the term for the Offering Space shall be postponed until the date 120 days after Landlord delivers tenders possession of the Offering Space to Tenant free from occupancy by any partyother party and the term for the Offering Space shall be coterminous with the initial Term for the original Premises hereunder; (ii) the amount of Base Rent payable for the Offering Space shall be equal to $5.65 per rentable square foot of the Offering Space per month, with three percent (3%) increases effective as of each anniversary of the commencement date for the Offering Space; (iii) in lieu of any abatement of Base Rent as set forth in Section 1.4 of this Lease, there shall be an abatement of Base Rent for the first three (3) full calendar months of the term for the Offering Space; (iii) Tenant shall pay for Tenant’s Share of Expense Excess and Tax Excess for the Offering Space on the same terms and conditions (including the same Base Year) as for the original Premises hereunder; and (iv) Tenant shall be entitled to receive a one-time allowance for the construction of tenant improvements in the Offering Space in the amount of $50.00 per rentable square foot of the Offering Space (“Offering Space Allowance”) to be applied toward the Offering Space Allowance Items (defined below). Tenant shall be responsible for all costs associated with the Offering Space Improvement Work (defined below), including the costs of the Offering Space Allowance Items, to the extent such costs exceed the lesser of (1) the Offering Space Allowance, or (2) the aggregate amount that Landlord is required to disburse for such purpose pursuant hereto. Notwithstanding any contrary provision, if Tenant fails to use the entire Offering Space Allowance within twenty-four (24) months following the commencement date for the applicable Offering Space, the unused amount shall revert to Landlord and Tenant shall have no further rights with respect thereto. As used herein, “Offering Space Tenant Improvements” means all improvements to be constructed in the applicable Offering Space pursuant to this provision, and “Offering Space Tenant Improvement Work” means the construction of the Offering Space Tenant Improvements, together with any related work (including demolition) that is necessary to construct the Offering Space Tenant Improvements. Except as otherwise provided in this provision, the Offering Space Allowance shall be disbursed by Landlord only for the following items (in each case, the “Offering Space Allowance Items”): (a) the fees of Tenant’s architect and engineers, if any, and any Review Fees (as defined below); (b) plan-check, permit and license fees relating to performance of the Offering Space Tenant Improvement Work; (c) the cost of performing the Offering Space Tenant Improvement Work, including after-hours charges, testing and inspection costs, freight elevator usage, hoisting and trash removal costs, and contractors’ fees and general conditions; (d) the cost of any change to the base, shell or core of the Offering Space or Building required by Tenant’s plans and specifications (in each case, for purposes of this provision, the “Plans”) (including if such change is due to the fact that such work is prepared on an unoccupied basis), including all direct architectural and/or engineering fees and expenses incurred in connection therewith; (e) the cost of any change to the Plans or Offering Space Tenant Improvement Work required by Law; (f) the Coordination Fee (defined below); (g) sales and use taxes; and (h) all other costs expended by Landlord in connection with the performance of the Offering Space Tenant Improvement Work. Subject to the terms hereof, Landlord shall disburse the Offering Space Allowance for Offering Space Allowance Items by delivering a check to Tenant within 30 days after the latest of (w) the completion of the Offering Space Tenant Improvement Work in accordance with the approved plans and specifications; (x) Landlord’s receipt of (i) copies of all third-party contracts (including change orders) pursuant to which the Offering Space Tenant Improvement Work has been performed, including paid invoices from all parties providing labor or materials to the Offering Space; (ii) executed unconditional mechanic’s lien releases satisfying California Civil Code § 8138, as reasonably determined by Landlord; (iii) if applicable, a certificate from Tenant’s architect, in a form reasonably acceptable to Landlord, certifying that the Offering Space Tenant Improvement Work has been substantially completed; (iv) evidence that all governmental approvals required for Tenant to legally occupy the Offering Space have been obtained; and (v) any other information reasonably requested by Landlord; (y) Tenant’s delivery to Landlord of “as built” drawings (in CAD format, if requested by Landlord); or (z) Tenant’s compliance with Landlord’s standard “close out” requirements regarding city approvals, closeout tasks, Tenant’s contractor, financial close-out matters, and Tenant’s vendors. Landlord’s disbursement shall not be deemed Landlord’s approval or acceptance of the Offering Space Tenant Improvement Work. Without limitation, the Offering Space Tenant Improvement Work shall be subject to Sections 7.2 (except Section 7.2(d)), 7.3 and 8 of the Lease. Tenant shall reimburse Landlord (subject to clause (a) above), upon demand, for any fees reasonably incurred by Landlord for review of the Plans by Landlord’s third party consultants (in each case, as used in this Section 8, “Review Fees”). In consideration of Landlord’s coordination of the Offering Space Tenant Improvement Work, Tenant shall pay Landlord a fee (in each case, for purposes of this Section 8, “Coordination Fee”) in an amount equal to 1% of the cost of the Offering Space Tenant Improvement Work not to exceed $12,000. Notwithstanding anything in this Section 8.2.E to the contrary, but subject to the expiration date for the Offering Space Allowance set forth above, Tenant may perform improvements to other Offering Space(s) leased by Tenant pursuant to this Section 8 and apply a portion of the Offering Space Allowance thereto, subject to all of the terms and conditions set forth in this Section 8.2.E with respect to Offering Space Tenant Improvements, provided, however, that no more than 30% of any particular Offering Space Allowance may be utilized for improvements in Offering Space(s) other than the Offering Space in connection with which the applicable Offering Space Allowance was granted.
Appears in 1 contract
Samples: Office Lease (Poshmark, Inc.)
Terms for Offering Space. 1. The term for the applicable portion of the Offering Space shall commence on upon the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon such portion of the Offering Space shall be considered a part of the Premises subject to the provisions Premises, provided that all of the Lease, as amended; provided, however, that the provisions of terms stated in the Advice shall prevail govern Tenant's leasing of such portion of the Offering Space and only to the extent that they do not conflict with the provisions Advice, the terms and conditions of this Lease shall apply to such portion of the Lease, as amendedOffering Space.
2. Tenant shall pay Base Rent and Additional Rent for such portion of the Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the Prevailing Market rate for the applicable portion of the Offering Space as determined in Landlord’s 's reasonable judgment.
3. Except as may be otherwise provided in the Advice, The applicable portion of the Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of such portion of the Offering Space or as of the date the term for such portion of the Offering Space commences, unless the Advice specifies any work to be performed by Landlord in such portion of the Offering Space, in which case Landlord shall perform such work in such portion of the Offering Space. If Landlord is delayed in delivering possession of such portion of the Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for such portion of the Offering Space shall be postponed until the date Landlord delivers possession of the applicable portion of the Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract
Samples: Office Lease Agreement (Northern Empire Bancshares)
Terms for Offering Space. 1. The term for the Offering Space shall commence on upon the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the such Offering Space shall be considered a part of the Premises subject Premises, provided that all of the terms stated in the Advice shall govern Tenant’s leasing of the Offering Space and only to the provisions extent that they do not conflict with the Advice, the terms and conditions of the Lease, as amended; providedamended hereby, however, that the provisions of the Advice shall prevail apply to the extent they conflict with the provisions of the Lease, as amendedOffering Space.
2. Tenant shall pay Base Rent and Additional Rent Basic Operating Cost for the Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable judgment.
3. Except as may be otherwise provided in the Advice, the The Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the date the term for the such Offering Space commences, unless the Advice specifies any work to be performed by Landlord in the Offering Space, in which case Landlord shall perform such work in the Offering Space. If Landlord is delayed in delivering possession of the Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for the Offering Space shall be postponed until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party. If Landlord is delayed delivering possession of the Offering Space due to the holdover or unlawful possession of such space by any party 90 days or more beyond the date the term for such Offering Space was to commence, Tenant shall have the right to terminate Tenant’s lease of the Offering Space only by delivering 10 days’ written notice of such termination to Landlord.
Appears in 1 contract
Terms for Offering Space. (1. ) The term for such portion of the Offering Space shall commence on upon the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon such portion of the Offering Space shall be considered a part of the Premises subject to the provisions Premises, provided that all of the Lease, as amended; provided, however, that the provisions of terms stated in the Advice shall prevail govern Tenant's leasing of such portion of the Offering Space, and, only to the extent that they do not conflict with the provisions Advice, the terms and conditions of this Lease shall apply to such portion of the Lease, as amendedOffering Space.
(2. ) Tenant shall pay Base Rent and Additional Rent for such portion of the Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the Prevailing Market rate for such portion of the Offering Space as determined in Landlord’s 's reasonable judgment.
(3. Except as may be otherwise provided in the Advice, ) The applicable portion of the Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of such portion of the Offering Space or as of the date the term for such portion of the Offering Space commences, unless the Advice specifies any work to be performed by Landlord in the applicable portion of the Offering Space, in which case Landlord shall perform such work in such portion of the Offering Space. If Landlord is delayed in delivering possession of such portion of the Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for such portion of the Offering Space shall be postponed until the date Landlord delivers possession of such portion of the Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract
Terms for Offering Space. 1. The term for the Offering Space shall commence on upon the commencement date stated in the Advice (and have a stated expiration date which is expire on the same stated expiration date as that for the then existing Premises) Termination Date and thereupon the during such period, such Offering Space shall be considered a part of the Premises subject to the provisions Premises, provided that all of the Lease, as amended; provided, however, that the provisions of terms stated in the Advice shall prevail govern Tenant’s leasing of the Offering Space and only to the extent that they do not conflict with the provisions Advice, the terms and conditions of this Lease shall apply to the Lease, as amendedOffering Space.
2. Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable judgment.
3. Except as may be otherwise provided in the Advice, the The Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the date the term for the such Offering Space commences, unless the Advice specifies any work to be performed by Landlord in the Offering Space, in which case Landlord shall perform such work in the Offering Space. If Landlord is delayed in delivering possession of the Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, including summary process, and the commencement date of the term for the Offering Space and commencement of rent shall be postponed until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract
Samples: Lease (Akebia Therapeutics, Inc.)
Terms for Offering Space. 1. The term for the Offering Space shall commence on the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the Offering Space shall be considered a part of the Premises subject to the provisions of the Lease, as amended; provided, however, that the provisions of the Advice shall prevail to the extent they conflict with the provisions of the Lease, as amended.amended by this Amendment and from time to time. February 4, 2011 Matter ID: 2924
2. Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the provisions of the Advice, which provisions shall reflect the Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable judgment.
3. Except as may be otherwise provided in the Advice, the Offering Space (including improvements and personaltypersonality, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the date the term for the Offering Space commences. If Landlord is delayed in delivering possession of the Offering Space by any holdover or unlawful possession of the Offering Space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Space, and the commencement date of the term for the Offering Space (the “Offering Space Commencement Date”) shall be postponed until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract
Samples: Sublease (NeurogesX Inc)
Terms for Offering Space. 1. a. The term for the Offering Space shall commence on upon the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the such Offering Space shall be considered a part of the Premises subject to the provisions Premises, provided that all of the Lease, as amended; provided, however, that the provisions of terms stated in the Advice shall prevail govern Tenant’s leasing of the Offering Space and only to the extent that they do not conflict with the provisions Advice, the terms and conditions of this Lease shall apply to the Lease, as amendedOffering Space.
2. b. Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the greater of the Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable judgmentjudgment or the Base Rent per rentable square foot and Tax and Expense Base Year for the Premises.
3. Except as may be otherwise provided in the Advice, the c. The Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the date the term for the such Offering Space commences, unless the Advice specifies any work to be performed by Landlord in the Offering Space, in which case Landlord shall perform such work in the Offering Space. If Landlord is delayed in delivering possession of the Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for the Offering Space shall be postponed until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract
Terms for Offering Space. 1. The term for the Offering Space shall commence on upon the commencement date stated in the applicable Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the such Offering Space shall be considered a part of the Premises subject to the provisions of the Lease, as amendedPremises; provided, however, that in the provisions event of any conflict between the terms of the Lease and the terms of the applicable Advice, the terms of the applicable Advice shall prevail with respect to the extent they Offering Space; provided further, however, that in the event of any conflict with between the provisions terms of the Leaseapplicable Advice and the terms of this Section 9.02, as amendedthe terms of this Section 9.02 shall prevail.
2. Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the provisions terms and conditions of the applicable Advice, which provisions terms and conditions shall reflect the Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable judgment.
3. Except as may be otherwise provided in the Advice, the The Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the date the term for the such Offering Space commences, unless the applicable Advice specifies any work to be performed by Landlord in the Offering Space, in which case Landlord shall perform such work in the Offering Space. If Landlord is delayed in delivering possession of the Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for the Offering Space shall be postponed until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract
Samples: Lease Agreement (Infospace Inc)
Terms for Offering Space. 1. A. The term for each applicable portion of the Offering Space shall commence on upon the commencement date stated in the ROFO Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon each such applicable portion of the Offering Space shall be considered a part of the Premises subject to the provisions Premises, provided that all of the Lease, as amended; provided, however, that terms stated in the provisions ROFO Advice shall govern Tenant's leasing of such applicable portion of the Advice shall prevail Offering Space and only to the extent that they do not conflict with the provisions ROFO Advice, the terms and conditions of this Lease shall apply to such applicable portion of the Lease, as amendedOffering Space.
2. B. Tenant shall pay Base Rent and Additional Rent for each applicable portion of the Offering Space in accordance with the provisions terms and conditions of the ROFO Advice, which provisions terms and conditions shall reflect the Prevailing Market rate for such applicable portion of the Offering Space as determined in Landlord’s 's reasonable judgment.
3. Except as may be otherwise provided in the Advice, C. Each applicable portion of the Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the applicable portion of the Offering Space or as of the date the term for such applicable portion of the Offering Space commences, unless the ROFO Advice specifies any work to be performed by Landlord in such applicable portion of the Offering Space, in which case Landlord shall perform such work in the applicable portion of the Offering Space. If Landlord is delayed in delivering possession of the applicable portion of the Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for such applicable portion of the Offering Space shall be postponed until the date Landlord delivers possession of the applicable portion of the Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract
Samples: Office and Laboratory Lease Agreement (Combinatorx, Inc)
Terms for Offering Space. 1. A. The term for the Offering Space shall commence on the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the Offering Space shall be considered a part of the Premises subject to the provisions of the Lease, as amended; provided, however, that the provisions of the Advice shall prevail to the extent they conflict with the provisions of the Lease, as amended.
2. B. Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the provisions of the Advice, which provisions shall reflect the Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable judgment. Notwithstanding the foregoing, if the Prevailing Market rate for any portion of the Offering Space, as determined pursuant to Section 9.5 below, is less, on a per-rentable-square-foot basis, than the Base Rent rate during the last year of the initial Term, then the Base Rent rate for such portion of the Offering Space shall be increased to be equal to the Base Rent rate during the last year of the initial Term.
3. C. Except as may be otherwise provided in the Advice, the Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the date the term for the Offering Space commences. If Landlord is delayed in delivering possession of the Offering Space by any holdover or unlawful possession of the Offering Space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Space, and the commencement date of the term for the Offering Space shall be postponed until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract
Samples: Sublease Agreement (Model N, Inc.)
Terms for Offering Space. 1. The term for the Offering Space shall commence on upon the commencement effective date stated set forth in the Advice Offering Amendment (and have a stated expiration date which is the same stated expiration date as that for the then existing Premisesdefined below) and thereupon the such Offering Space shall be considered a part of the Premises subject to the provisions Premises, provided that all of the Lease, as amended; provided, however, that the provisions of terms stated in the Advice shall prevail govern Tenant’s leasing of the Offering Space and only to the extent that they do not conflict with the provisions Advice, the terms and conditions of this Lease shall apply to the Lease, as amendedOffering Space.
2. Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the provisions terms and conditions of the AdviceOffering Amendment, which provisions terms and conditions shall reflect the Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable judgment.
3. Except as may be otherwise provided in the Advice, the The Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the date the term for the such Offering Space commences, unless the Offering Amendment specifies any work to be performed by Landlord in the Offering Space, in which case Landlord shall perform such work in the Offering Space. If Landlord is delayed in delivering possession of the Offering Space by any due to the holdover or unlawful possession of the Offering Space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for the Offering Space shall be postponed postponed, as will be described in the Offering Amendment, until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract
Samples: Lease Agreement (Medicinova Inc)
Terms for Offering Space. 1. A. The term for the Offering Space shall be coterminous with the term for the balance of the Premises.
B. The term for the Offering Space shall commence on the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the Offering Space shall be considered a part of the Premises subject to the provisions of the Lease, as amended; provided, however, that the provisions of the Advice shall prevail to the extent they conflict with the provisions of the Lease, as amended.
2. C. Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the provisions of the Advice, which provisions shall reflect the Prevailing Market market rate for the Offering Space as determined in Landlord’s reasonable judgment, but in no event reflecting dissimilar rents and concessions from any recent leases or amendments completed by Landlord in the building.
3. D. Except as may be otherwise provided in the Advice, (i) the Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is configuration and condition and as-built configuration existing on the earlier of the date Tenant takes when Landlord tenders possession of the Offering Space to Tenant, without any obligation on the part of Landlord to perform or as of the date the term pay for the Offering Space commences. If any alterations or improvements thereto; and (ii) if Landlord is delayed in delivering possession of the Offering Space by any holdover or unlawful possession of the Offering Space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering SpaceSpace and any obligation of Landlord to tender possession of, and the commencement date of the term for permit entry to, or perform alterations to the Offering Space shall be postponed deferred until the date after Landlord delivers has obtained possession of the Offering Space, and any obligations of Tenant with respect to the Offering Space to Tenant free from occupancy by any partyshall likewise be deferred.
Appears in 1 contract
Samples: Office Lease (Medallia, Inc.)
Terms for Offering Space. 1. The term for each applicable portion of the Offering Space shall commence on upon the commencement date stated in the ROFO Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon each such applicable portion of the Offering Space shall be considered a part of the Premises subject to the provisions Premises, provided that all of the Lease, as amended; provided, however, that terms stated in the provisions ROFO Advice shall govern Tenant's leasing of such applicable portion of the Advice shall prevail Offering Space and only to the extent that they do not conflict with the provisions ROFO Advice, the terms and conditions of the Lease, as amendedLease shall apply to such applicable portion of the Offering Space.
2. Tenant shall pay Base Rent and Additional Rent for each applicable portion of the Offering Space in accordance with the provisions terms and conditions of the ROFO Advice, which provisions terms and conditions shall reflect the Prevailing Market rate for such applicable portion of the Offering Space as determined in Landlord’s 's reasonable judgment.
3. Except as may be otherwise provided in the Advice, Each applicable portion of the Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the applicable portion of the Offering Space or as of the date the term for such applicable portion of the Offering Space commences, unless the ROFO Advice specifies any work to be performed by Landlord in such applicable portion of the Offering Space, in which case Landlord shall perform such work in the applicable portion of the Offering Space. If Landlord is delayed in delivering possession of the applicable portion of the Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for such applicable portion of the Offering Space shall be postponed until the date Landlord delivers possession of the applicable portion of the Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract
Samples: Lease Agreement (Combinatorx, Inc)
Terms for Offering Space. 1. The term for the applicable Offering Space shall commence on upon the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the such Offering Space shall be considered a part of the Premises subject Premises, provided that all of the terms stated in the Advice, including the term applicable to the provisions Offering Space, shall govern Tenant’s leasing of such Offering Space and only to the extent that they do not conflict with the Advice, the terms and conditions of this Lease, as amended; providedamended hereby, however, that the provisions of the Advice shall prevail apply to the extent they conflict with the provisions of the Lease, as amendedsuch Offering Space.
2. Tenant shall pay Base Rent and Additional Rent for the applicable Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the Prevailing Market rate for the such Offering Space as determined in Landlord’s reasonable judgment.
3. Except as may be otherwise provided in the Advice, the The applicable Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its “as-is is” condition and as-built configuration existing on the earlier of the date Tenant takes possession of the such Offering Space or as of the date the term for the such Offering Space commences, unless the Advice specifies any work to be performed by Landlord in such Offering Space, in which case Landlord shall perform such work in such Offering Space. If Landlord is delayed in delivering possession of the applicable Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for the such Offering Space shall be postponed until the date Landlord delivers possession of the such Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract
Samples: Research and Development/Office Lease (Affymax Inc)
Terms for Offering Space. 1. (i) The term for the Offering Space shall commence on upon the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the such Offering Space shall be considered a part of the Premises subject to the provisions Premises, provided that all of the Lease, as amended; provided, however, that the provisions of terms stated in the Advice shall prevail govern Tenant's leasing of the Offering Space and only to the extent that they do not conflict with the provisions Advice, the terms and conditions of this Lease shall apply to the Lease, as amendedOffering Space.
2. (ii) Tenant shall pay Base Rent and Additional Rent additional rent for the Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the Prevailing Market rate for the Offering Space as determined in Landlord’s 's reasonable judgment; provided, however, that in no event shall the Base Rent and additional rent be less than the Base Rent and additional rent Tenant is then paying for the Premises.
3. Except as may be otherwise provided in the Advice, the (iii) The Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the date the term for the such Offering Space commences, unless the Advice specifies any work to be performed by Landlord in the Offering Space, in which case Landlord shall perform such work in the Offering Space. If Landlord is delayed in delivering possession of the Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for the Offering Space shall be postponed until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract
Terms for Offering Space. 1. A. The term for the Offering Space shall be coterminous with the term for the balance of the Premises.
B. The term for the Offering Space shall commence on the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the Offering Space shall be considered a part of the Premises subject to the provisions of the Lease, as amended; provided, however, that the provisions of the Advice shall prevail to the extent they conflict with the provisions of the Lease, as amended.
2. C. Tenant shall pay Base Rent and Additional Monthly Rent for the Offering Space in accordance with the provisions of the Advice, which provisions . The Advice shall reflect the Prevailing Market (defined in Section 8.5 below) rate for the Offering Space as determined in Landlord’s reasonable judgment.
3. D. Except as may be otherwise provided in the Advice, (i) the Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is configuration and condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the commencement date the term for the Offering Space commences. If Space; and (ii) if Landlord is delayed in delivering possession of the Offering Space by any holdover or unlawful possession of the Offering Space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering SpaceSpace and any obligation of Landlord to tender possession of, and the commencement date of the term for permit entry to, or perform alterations to the Offering Space shall be postponed deferred until the date after Landlord delivers has obtained possession of the Offering Space to Tenant free from occupancy by any partySpace.
Appears in 1 contract
Terms for Offering Space. 1. The term for Provided that Tenant exercises its Right of First Offer with respect to any applicable Offering Space, the Offering Space term shall commence on upon the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the such Offering Space shall be considered a part of the Premises subject to the provisions Premises, provided that all of the Lease, as amended; provided, however, that the provisions of terms stated in the Advice shall prevail govern Tenant’s leasing of the Offering Space and only to the extent that they do not conflict with the provisions Advice, the terms and conditions of this Lease shall apply to the Lease, as amendedOffering Space.
2. Tenant shall pay Base Rent and Additional Rent for the Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the Prevailing Market rate for the Offering Space as determined in Landlord’s reasonable judgment.
3. Except as may be otherwise provided in the Advice, the The Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the date the term for the such Offering Space commences, unless the Advice specifies any work to be performed by Landlord in the Offering Space, in which case Landlord shall perform such work in the Offering Space. If Landlord is delayed in delivering possession of the Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for the Offering Space shall be postponed until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party; provided, however, that if Landlord fails to deliver possession of the Offering Space within six (6) months (subject to a day for day extension for Force Majeure delays) after the term commencement date therefor set forth in the Advice, then Tenant shall have the right, but not the obligation, to terminate its Right of First Offer with respect to the Offering Space by written notice given to Landlord on or before the earlier to occur of (i) the date of delivery of the Offering Space to Tenant and (ii) the date this five (5) business days following the expiration of such six (6) month period, and upon the exercise of any such right to terminate, the Right of First Offer shall be deemed to be null and void with respect to the Offering Space (but shall continue in full force and effect with respect to any future Potential Offering Space).
4. Notwithstanding anything to the contrary in this Section 37, if the Offering Space is Available (a) and there are three (3) years or more then remaining in the Term, the Offering Space Term shall be co-terminous with the then remaining Term of the Lease with respect to the Premises (and Tenant shall not be obligated to exercise any Renewal Option then remaining); or (b) within three (3) years prior to the expiration of the Term, then Tenant may exercise its Right of First Offer only if Tenant either (i) if Tenant has a remaining Renewal Option to renew the Term of this Lease, Tenant simultaneously exercises such Renewal Option (and the Notice of Exercise shall so state) to extend the Term of the Lease with respect to the Premises, by simultaneously exercising the Renewal Option in accordance with Section 33 above (notwithstanding the time frame set forth in Section 33.A.1 with regard to Tenant’s exercise of the Renewal Option) and the Term of Lease with respect to the Premises shall be co-terminous with the Offering Space Term, or (ii) if Tenant has no remaining Renewal Option at the time it exercises its Right of First Offer, agrees that the Offering Space Term shall not be for a period that is less than sixty (60) full calendar months.
Appears in 1 contract
Terms for Offering Space. 1. (a) The term for the subject portion of the Offering Space shall commence on upon the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the such Offering Space shall be considered a part of the Premises subject to the provisions Premises, provided that all of the Lease, as amended; provided, however, that the provisions of terms stated in the Advice shall prevail govern Tenant’s leasing of the subject portion of the Offering Space and only to the extent that they do not conflict with the provisions Advice, the terms and conditions of this Lease shall apply to the subject portion of the LeaseOffering Space, as amendedapplicable.
2. (b) Tenant shall pay Base Rent and Additional Rent for the subject portion of the Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the Prevailing Market rate for the subject portion of the applicable Offering Space as determined in Landlord’s reasonable judgment.
3. Except as may be otherwise provided in the Advice, the (c) The Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the date the term for such Offering Space commences (except that Landlord shall be responsible for separately demising the applicable Offering Space from the remainder of the floor), unless the Advice specifies any work to be performed by Landlord in the Offering Space commencesSpace, in which case Landlord shall perform such work in the Offering Space. If Landlord is delayed in delivering possession of the Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for the Offering Space shall be postponed until the date Landlord delivers possession of the Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract
Samples: Lease Agreement (Tercica Inc)
Terms for Offering Space. 1. A. The term for the Offering Space shall be coterminous with the term for the balance of the Premises.
B. The term for the Offering Space shall commence on the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the Offering Space shall be considered a part of the Premises subject to the provisions of the Lease, as amended; provided, however, that the provisions of the Advice shall prevail to the extent they conflict with the provisions of the Lease, as amended.
2. C. Tenant shall pay Base Rent and Additional Monthly Rent for the Offering Space in accordance with the provisions of the Advice, which provisions . The Advice shall reflect the Prevailing Market (defined in Section 4.5 below) rate for the Offering Space as determined in Landlord’s reasonable judgment.
3. D. Except as may be otherwise provided in the Advice, (i) the Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is configuration and condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the commencement date the term for the Offering Space commences. If Space; and (ii) if Landlord is delayed in delivering possession of the Offering Space by any holdover or unlawful possession of the Offering Space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Space, Space and the commencement date of the term for the Offering Space and any obligation of Landlord to tender possession of, permit entry to, or perform alterations to the Offering Space shall be postponed deferred until the date after Landlord delivers has obtained possession of the Offering Space to Tenant free from occupancy by any partySpace.
Appears in 1 contract
Samples: Office Lease (Qualys, Inc.)
Terms for Offering Space. 1. A. The term for the Offering Space shall be coterminous with the term for the balance of the Premises.
B. The term for the Offering Space shall commence on the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the Offering Space shall be considered a part of the Premises subject to the provisions of the Lease, as amended; provided, however, that the provisions of the Advice shall prevail to the extent they conflict with the provisions of the Lease, as amended.
2. C. Tenant shall pay Base Rent and Additional Monthly Rent for the Offering Space in accordance with the provisions of the Advice, which provisions . The Advice shall reflect the Prevailing Market (defined in Section 3.5 below) rate for the Offering Space as determined in Landlord’s reasonable judgment.
3. D. Except as may be otherwise provided in the Advice, (i) the Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is configuration and condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the commencement date the term for the Offering Space commences. If Space; and (ii) if Landlord is delayed in delivering possession of the Offering Space by any holdover or unlawful possession of the Offering Space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering SpaceSpace and any obligation of Landlord to tender possession of, and the commencement date of the term for permit entry to, or perform alterations to the Offering Space shall be postponed deferred until the date after Landlord delivers has obtained possession of the Offering Space to Tenant free from occupancy by any partySpace.
Appears in 1 contract
Terms for Offering Space. 1. A. The term for the Offering Space shall be coterminous with the term for the balance of the Premises.
B. The term for the Offering Space shall commence on the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the Offering Space shall be considered a part of the Premises subject to the provisions of the Lease, as amended; provided, however, that the provisions of the Advice shall prevail to the extent they conflict with the provisions of the Lease, as amended.
2. C. Tenant shall pay Base Rent and Additional Monthly Rent for the Offering Space in accordance with the provisions of the Advice, which provisions . The Advice shall reflect the Prevailing Market (defined in Section 1.5 below) rate for the Offering Space as determined in Landlord’s reasonable judgment.
3. D. Except as may be otherwise provided in the Advice, (i) the Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is configuration and condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Offering Space or as of the commencement date the term for the Offering Space commences. If Space; and (ii) if Landlord is delayed in delivering possession of the Offering Space by any holdover or unlawful possession of the Offering Space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering SpaceSpace and any obligation of Landlord to tender possession of, and the commencement date of the term for permit entry to, or perform alterations to the Offering Space shall be postponed deferred until the date after Landlord delivers has obtained possession of the Offering Space to Tenant free from occupancy by any partySpace.
Appears in 1 contract
Samples: Office Lease (Kempharm, Inc)
Terms for Offering Space. 1. The term for the such Offering Space shall commence on upon the commencement date stated in the Advice (and have a stated expiration date which is the same stated expiration date as that for the then existing Premises) and thereupon the such Offering Space shall be considered a part of the Premises subject to (and the provisions Magnolia Building shall be considered part of the LeaseBuilding), as amended; provided, however, provided that all of the provisions of terms stated in the Advice shall prevail govern Tenant’s leasing of such Offering Space and only to the extent that they do not conflict with the provisions Advice, the terms and conditions of the Lease, as amendedthis Lease shall apply to such Offering Space.
2. Tenant shall pay Base Rent and Additional Rent for the such Offering Space in accordance with the provisions terms and conditions of the Advice, which provisions terms and conditions shall reflect the Prevailing Market rate for the such Offering Space as determined in Landlord’s reasonable judgment.
3. Except as may be otherwise provided in the Advice, the Such Offering Space (including improvements and personalty, if any) shall be accepted by Tenant in its as-is condition and as-built configuration existing on the earlier of the date Tenant takes possession of the such Offering Space or as of the date the term for the such Offering Space commences, unless the Advice specifies any work to be performed by Landlord in such Offering Space, in which case Landlord shall perform such work in such Offering Space. If Landlord is delayed in delivering possession of the such Offering Space by any due to the holdover or unlawful possession of the Offering Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Offering Spacespace, and the commencement date of the term for the such Offering Space shall be postponed until the date Landlord delivers possession of the such Offering Space to Tenant free from occupancy by any party.
Appears in 1 contract