The Fourth Additional Space Clause Samples
The Fourth Additional Space. (i) The Fourth Additional Space only is hereby added to the Existing Premises effective as of the Fourth Additional Space Commencement Date under all of the terms, covenants and conditions of the Lease, except to the extent expressly modified herein, for a term commencing on the Fourth Additional Space Commencement Date and, with respect to the Fourth Additional Space, ending on the T/F Additional Space Expiration Date or on such earlier date upon which the term of the Lease shall expire, be canceled or terminated pursuant to any of the terms, covenants or conditions of the Lease or pursuant to law.
(ii) Notwithstanding anything to the contrary contained in the Lease, as modified by this Agreement, Tenant acknowledges that it has been informed by Landlord that the Fourth Additional Space is presently occupied by an existing tenant of the Building (the “Existing Tenant”), under a separate lease agreement (the “Existing Lease”) which is to expire by its terms on September 30, 2015. Landlord and Tenant agree that if the Existing Tenant does not vacate the Fourth Additional Space on or before the Fourth Additional Space Commencement Date and, as a result, Landlord shall be unable to deliver possession of the Fourth Additional Space to Tenant as required by the terms of this Agreement, then (A) Landlord shall not be subject to any liability for such failure, (B) the Lease, as modified by this Agreement, shall remain in full force and effect as to the Existing Premises and, if then added in accordance with the terms of This Agreement, the Third Additional Space, without extension of the term with respect to the Fourth Additional Space, however, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent with respect to the Fourth Additional Space shall not commence and any rent credits or abatements to which Tenant is entitled under this Agreement with respect to the Fourth Additional Space only shall be similarly delayed, until possession of the Fourth Additional Space is delivered to Tenant in the condition required by this Agreement; and (C) Landlord shall promptly commence and diligently prosecute to completion the appropriate summary proceedings, as appropriate, in order to evict the Existing Tenant holding over in the Fourth Additional Space and to recover lawful possession thereof. In such event, upon Landlord’s recovery of actual and lawful possession of the Fourth Additional Space, free of occupants therein, but otherwise in its then as-is conditio...
The Fourth Additional Space. Effective as of the Fourth Additional Space Commencement Date, with respect to the Fourth Additional Space only:
(i) For purposes of Article 49.02(i) of the Lease, the reference at line two (2) thereof to “2010” is hereby replaced with “2016”.
(ii) For purposes of Article 49.02(i) of the Lease, the reference at line four (4) thereof to “2008, 2009 and 2010” is hereby replaced with “2014, 2015 and 2016”.
(iii) For purposes of Article 49.02(ii) of the Lease, the reference at line two (2) thereof to “three and five hundredths (3.05%) percent” is hereby replaced with “one and forty-four hundredths (1.44%) percent”.
(iv) For purposes of Article 49.02(ii) of the Lease, the reference at line seven (7) thereof to “12,919” is hereby replaced with “6,149”.
(v) For purposes of Article 49.02(iv) of the Lease, the reference at line four (4) thereof to “January 1, 2011” is hereby replaced with “January 1, 2017”.
The Fourth Additional Space. Effective as of the Fourth Additional Space Commencement Date, with respect to the Fourth Additional Space only:
(i) For purposes of Article 32.01(a) of the Lease, the reference at line two (2) thereof to “12,919” is hereby replaced with “6,149”.
(ii) For purposes of Article 32.01(b)(i) of the Lease, the reference at line two (2) thereof to “two and ninety-five hundredths percent (2.95%)” is hereby replaced with “one and forty hundredths percent (1.40%)”.
(iii) For purposes of Article 32.01(b)(iii) of the Lease the “Base Tax Year” shall mean the average of the Real Estate Taxes payable for: (x) the New York City real estate fiscal tax year commencing on July 1, 2015 through June 30, 2016, and (y) the New York City real estate tax year commencing on July 1, 2016 through June 30, 2017”.
The Fourth Additional Space. (i) Effective as of the Fourth Additional Space Commencement Date, with respect to the Fourth Additional Space only, the Lease shall be amended to provide that in addition to Tenant’s obligation to pay Fixed Annual Rent for the Existing Premises, and if the Third Additional Space is then added in accordance with the terms of this Agreement, the Third Additional Space Fixed Annual Rent, Tenant shall also pay Fixed Annual Rent with respect to the Fourth Additional Space (hereinafter, sometimes “Fourth Additional Space Fixed Annual Rent”) at the rates set forth in the schedule annexed hereto and made a part hereof as Exhibit D.