Third Amendment Expansion Premises. Commencing on the Third Amendment Expansion Premises Commencement Date (as defined below), Landlord leases to Tenant, and Tenant leases from Landlord, the Third Amendment Expansion Premises.
Third Amendment Expansion Premises. The “Third Amendment Expansion Premises Commencement Date” shall be the date that is 1 business day after the mutual execution and delivery of this Third Amendment by the parties. Upon the request of Landlord, Xxxxxx shall execute and deliver a written acknowledgment of the Third Amendment Expansion Premises Commencement Date in substantially the form of the “Acknowledgement of Third Amendment Expansion Premises Commencement Date” attached hereto as Exhibit B; provided, however, Xxxxxx’s failure to execute and deliver such acknowledgment shall not affect Landlord’s rights hereunder. For the period of 60 consecutive days after the Third Amendment Expansion Premises Commencement Date, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building Systems serving the Third Amendment Expansion Premises, unless Tenant or any Tenant Party was responsible for the cause of such repair, in which case Tenant shall pay the cost. Except as otherwise expressly set forth in this Third Amendment: (i) Tenant shall accept the Third Amendment Expansion Premises in its “as-is” condition as of the Third Amendment Expansion Premises Commencement Date; (ii) Landlord shall have no obligation for any defects in the Third 733288345.3 Amendment Expansion Premises; and (iii) Tenant’s taking possession of the Third Amendment Expansion Premises shall be conclusive evidence that Tenant accepts the Third Amendment Expansion Premises and that the Third Amendment Expansion Premises were in good condition at the time possession was taken. Except as otherwise provided in this Third Amendment, Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Third Amendment Expansion Premises Expansion Premises and/or the suitability of the Third Amendment Expansion Premises for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Third Amendment Expansion Premises are suitable for the Permitted Use.
Third Amendment Expansion Premises. Commencing on the Third Amendment Expansion Premises Commencement Date through the Expiration Date, Tenant shall pay Base Rent with respect to the Third Amendment Expansion Premises at the same rate per rentable square foot per month that Tenant is then paying with respect to the Existing Premises.
Third Amendment Expansion Premises. Commencing as of the Third Amendment Expansion Commencement Date, and continuing through the Extended Expiration Date, Tenant shall pay to Landlord Tenant’s Pro Rata Share of Operating Expenses attributable to the Third Amendment Expansion Premises in accordance with the terms of the Lease; provided, Tenant’s Pro Rata Share of Operating Expenses for the Third Amendment Expansion Premises equals 5.9616%.
Third Amendment Expansion Premises. Commencing on the Third Amendment Expansion Commencement Date and continuing through the Third Amendment Expansion Term, Tenant shall pay to Landlord Monthly Base Rent for the Third Amendment Expansion Premises as follows, but otherwise in accordance with the terms and conditions contained in the Lease: Period During Third Amendment Expansion Term Annual Base Rent for the Third Amendment Expansion Premises Monthly Base Rent for the Third Amendment Expansion Premises Annual Rental Rate per Rentable Square Foot of the Third Amendment Expansion Premises September 1, 2012—May 31, 2013 $ 186,256.00 $ 15,521.33 $ 28.00 June 1, 2013—May 31, 2014 $ 191,245.00 $ 15,937.08 $ 28.75 June 1, 2014—May 31, 2015 $ 196,234.00 $ 16,352.83 $ 29.50 June 1, 2015—June 30, 2015 $ 201,223.00 $ 16,768.58 $ 30.25
Third Amendment Expansion Premises. Landlord will deliver the Third Amendment Expansion Premises to Tenant immediately upon vacancy of the Third Amendment Expansion Premises by the current tenant. Tenant agrees to accept the Third Amendment Expansion Premises in their AS-IS condition, and Landlord shall have no obligation to do any work or make any installation or alterations of any kind to the Third Amendment Expansion Premises except that Landlord will deliver the Third Amendment Expansion Premises free and clear of all workstations, chairs and other furniture and in broom clean condition and except that all mechanical, electrical, plumbing and ventilation systems (except for supplemental cooling systems and equipment in “LAN” and data rooms) serving the Third Amendment Expansion Premises which, under the terms of the Lease, are to be maintained by Landlord, shall be delivered in good working order.
