Common use of Terms for Refusal Space Clause in Contracts

Terms for Refusal Space. A. Section 5 above shall not apply to the Refusal Space unless the term for the Refusal Space is coterminous with the term for the balance of the Premises, in which case, notwithstanding any contrary provision of Section 7.1.A above, the Advice shall not be required to include any extension or renewal option. B. The term for the Refusal Space shall commence on the commencement date stated in the Advice and thereupon the Refusal Space shall be considered a part of the Premises subject to the provisions of this Lease; provided, however, that the provisions of the Advice (including the provision of the Advice establishing the expiration date for the Refusal Space) shall prevail to the extent they conflict with the provisions of this Lease. C. Tenant shall pay Monthly Rent for the Refusal Space in accordance with the provisions of the Advice. D. Except as may be otherwise provided in the Advice, (i) the Refusal Space (including improvements and personality, if any) shall be accepted by Tenant in its configuration and condition existing on the earlier of the date Tenant takes possession of the Refusal Space or the commencement date for the Refusal Space (provided that nothing in this clause (i) shall limit Landlord’s obligations under Section 7.1 of this Lease with respect to the Refusal Space); and (ii) if Landlord is delayed in delivering possession of the Refusal Space by any holdover or unlawful possession of the Refusal Space by any party, Landlord shall use reasonable efforts to obtain possession of the Refusal Space and any obligation of Exhibit F Landlord to tender possession of, permit entry to, or perform alterations to the Refusal Space shall be deferred until after Landlord has obtained possession of the Refusal Space.

Appears in 1 contract

Samples: Office Lease (ServiceTitan, Inc.)

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Terms for Refusal Space. A. Section 5 above shall not apply to a. If the commencement date proposed by Landlord for the Refusal Space unless is scheduled to occur on or before the one-year anniversary of the Expansion Commencement Date, then the Advice Landlord delivers to Tenant shall reflect that Landlord is prepared to Lease the Refusal Space to Tenant on a co-terminus basis with the remainder of the Premises (i.e., to expire on the Extended Termination Date). However, if the commencement date proposed by Landlord for the Refusal Space is scheduled to occur after the one-year anniversary of the Expansion Commencement Date, then the term for the Refusal Space is coterminous with shall expire on the term date contemplated for the balance third-party Acceptable Offer, as described in the Advice. In either event, Tenant’s lease of the Premises, in which case, notwithstanding any contrary provision of Section 7.1.A above, the Advice shall not be required to include any extension or renewal option. B. The term for the Refusal Space shall shall, if exercised, commence on upon the commencement date stated in the Advice and thereupon the such Refusal 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 Refusal Space and only to the provisions of this Lease; providedextent that they do not conflict with the Advice, however, that the provisions terms and conditions of the Advice (including the provision of the Advice establishing the expiration date for Lease shall apply to the Refusal Space) shall prevail to the extent they conflict with the provisions of this Lease. C. . Tenant shall pay Monthly Base Rent and Additional Rent for the Refusal Space in accordance with the provisions terms and conditions of the Advice. D. Except as may be otherwise provided in the Advice, (i) the . b. The Refusal Space (including improvements and personalitypersonalty, if any) shall be accepted by Tenant in its the condition described in the Acceptable Offer and as-built configuration and condition existing on the earlier of the date Tenant takes possession of the Refusal Space or the commencement date the term for the such Refusal Space (provided that nothing commences, unless the Acceptable Offer specifies work to be performed by Landlord in this clause (i) shall limit Landlord’s obligations under Section 7.1 of this Lease with respect to the Refusal Space); and (ii) if , in which case Landlord shall perform such work in the Refusal Space. If Landlord is delayed in delivering possession of the Refusal Space by any due to the holdover or unlawful possession of the Refusal Space such space by any party, Landlord shall use reasonable efforts to obtain possession of the Refusal Space space, and any obligation the commencement of Exhibit F Landlord to tender possession of, permit entry to, or perform alterations to the term for the Refusal Space shall be deferred postponed until after the date Landlord has obtained delivers possession of the Refusal SpaceSpace to Tenant free from occupancy by any party, provided that Tenant reserves the right to terminate and rescind its Notice of Exercise if Landlord is unable to deliver possession of the Refusal Space within one hundred and twenty (120) days after the scheduled delivery date. 9.03.

Appears in 1 contract

Samples: Lease (CrowdStrike Holdings, Inc.)

Terms for Refusal Space. A. Section 5 above shall not apply to the Refusal Space unless the (1) The term for the Refusal Space is coterminous with the term for the balance subject portion of the Premises, in which case, notwithstanding any contrary provision of Section 7.1.A above, the Advice shall not be required to include any extension or renewal option. B. The term for the Refusal Space shall commence on upon the commencement date stated in the Advice and thereupon the such Refusal Space shall be considered a part of the Premises Premises, provided that all of the terms stated in the Advice, including the termination date set forth in the Advice (subject to the provisions of this Lease; providedterms hereof) and any work to be performed by Landlord as expressly indicated in the Advice, howeverif any, that the provisions shall govern Tenant’s leasing of the Advice (including the provision subject portion of the Advice establishing the expiration date for the Refusal Space) shall prevail Space and only to the extent that they do not conflict with the provisions Advice, the terms and conditions of this Lease. C. the Lease shall apply to such Refusal Space. Tenant shall pay Monthly Base Rent and Additional Rent for the subject portion of the Refusal Space in accordance with the provisions terms and conditions of the Advice. D. Except . The term of the Lease for which any Refusal Space shall be leased shall be as may be otherwise provided in the Advice, follows: (i) if the Refusal Space (including improvements and personality, if any) shall be accepted by Tenant in its configuration and condition existing on the earlier remaining balance of the date Term for the Premises at the time Tenant takes will take possession of the Refusal Space or shall be less than three (3) years then, the commencement date term for the Refusal Space (provided that nothing shall be as stated in this clause (i) shall limit Landlord’s obligations under Section 7.1 of this Lease with respect to the Refusal Space)Advice; and (ii) if Landlord is delayed the remaining balance of the Term for the Premises (as the same may have been extended by the exercise in delivering accordance with the terms of the Lease of any Renewal Option) at the time Tenant will take possession of the Refusal Space by any holdover shall be a period of three (3) years or unlawful possession of more, then the Refusal Space by any party, Landlord shall use reasonable efforts to obtain possession of the Refusal Space and any obligation of Exhibit F Landlord to tender possession of, permit entry to, or perform alterations to term for the Refusal Space shall be deferred until co-terminus with the Term for the Premises. Notwithstanding the foregoing, if Tenant shall exercise any Renewal Option after Landlord has obtained possession the date Tenant delivers the Notice of Exercise with respect to any Refusal Space, the term for the Refusal SpaceSpace shall be extended to be co-terminus with the Term for the Premises, as so extended.

Appears in 1 contract

Samples: Office Lease Agreement (Virgin America Inc.)

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Terms for Refusal Space. A. Section 5 above shall not apply to the Refusal Space unless the term for the Refusal Space is coterminous with the term for the balance of the Premises, in which case, notwithstanding any contrary provision of Section 7.1.A aboveExcept as provided below, the Advice shall not be required to include any extension or renewal option. B. The term for the Refusal Space shall commence on upon the commencement date stated in the Advice Refusal Notice and thereupon the such Refusal Space shall be considered a part of the Premises subject Premises, provided that all of the business terms stated in the Refusal Notice (except for the termination date as described below) shall govern Tenant's leasing of the Refusal Space and only to the extent that they do not conflict with the Refusal Notice, the terms and conditions of this Lease shall apply to the Refusal Space. The term of the Refusal Space shall be the greater of (A) the term set forth in the Refusal Notice or (B) the term of this Lease (as extended by the exercise of any or all of the Extension Options by Tenant) unless earlier terminated pursuant to the provisions of this Lease; provided. The tenant finish allowance, howeverif any, that and all other concessions set forth in the provisions Refusal Notice, if any, shall not be prorated if the term of the Advice (including Refused Notice is different than the provision of the Advice establishing the expiration date for the Refusal Space) shall prevail to the extent they conflict with the provisions Term of this Lease. C. Tenant . If the remaining term of this Lease is greater than the term set forth in the Refusal Notice, Landlord shall pay Monthly Rent include in the Refusal Notice Landlord's designation of the market rent for the Refusal Space in accordance with during the provisions period between the expiration date of the Advice. D. Except as may proposed lease and the expiration date of this Lease (and such rate shall be otherwise appropriately adjusted to reflect that no allowances are provided for any term in excess of the term in the Advice, (i) the Refusal Notice). The Refusal Space (including improvements and personality, if any) shall be accepted by Tenant in its condition and as-built configuration and condition existing on the earlier of the date Tenant takes possession of the Refusal Space or the commencement date the term for the such Refusal Space (provided commences, unless the parties determine that nothing work will be performed by Landlord in this clause (i) shall limit Landlord’s obligations under Section 7.1 of this Lease with respect to the Refusal Space); and (ii) if , in which case Landlord is delayed shall perform such work in delivering possession of the Refusal Space by any holdover or unlawful possession of the Refusal Space by any party, Landlord shall use reasonable efforts to obtain possession of the Refusal Space and any obligation of Exhibit F Landlord to tender possession of, permit entry to, or perform alterations to the Space. The Refusal Space shall have a configuration reasonably acceptable to Landlord and Tenant and shall be deferred until after Landlord has obtained possession of contiguous to the Refusal SpacePremises.

Appears in 1 contract

Samples: Lease Agreement (Carter Holdings Inc)

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