Common use of Additional Premises Clause in Contracts

Additional Premises. Landlord shall use commercially reasonable efforts to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendment.

Appears in 5 contracts

Samples: Lease (CareDx, Inc.), Lease (CareDx, Inc.), Lease (CareDx, Inc.)

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Additional Premises. Landlord shall use commercially reasonable efforts Reference is made to expand the Premises to include an floor plan attached hereto Exhibit A-1, which depicts certain additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located space on the first (1st) floor, as shown on Exhibit A attached hereto floor of the Building (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”"EXPANSION PREMISES"). In If the event Landlord determines tenant leasing the Additional Expansion Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional date of this Lease does not extend or renew its lease, then on the condition, which condition the Landlord may waive, at its election, by written notice to the Tenant at any time, that as of the Expansion Premises Commencement Date (as hereinafter defined), the Tenant is not in default of its covenants and obligations under this Lease, commencing on the later of (i) April 1, 2001, and (ii) the date the Landlord delivers the Expansion Premises to the Tenant free of all tenants or parties in possession (tile " EXPANSION PREMISES COMMENCEMENT DATE"), the Landlord shall lease to the Tenant and the Tenant shall lease from the Landlord the Expansion Premises for the duration of the then-remaining Term, as the same may be extended pursuant to the terms and provisions of this Lease, subject to all of the terms and conditions set forth herein, except as hereinafter set forth. As of the Expansion Premises Commencement Date, (i) the Expansion Premises shall be added to the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (togetherhereunder and thereafter, the Premises and the Additional Premises shall for all purposes under this Lease be referred deemed to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 consist of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 2,900 rentable square feet of Additional Premisesfloor area, which amounts (ii) Basic Rent shall increase to fiftythe annual rate of Forty Three Thousand Five Hundred Dollars and No Cents ($43,500.00), payable in advance on the first day of each calendar month during the. Term in equal -one . installments of Three Thousand Six Hundred Twenty-Five Dollars and No Cents (51$3,625.00) additional parking spacesin accordance with the terms of this Lease, which number and (iii) Tenant's Percentage shall include three (3) additional Reserved Spacesincrease to 50%, or such other percentage as the rentable square footage of the Premises bears to. In the event rentable square footage of the Additional Building. The Landlord shall deliver the Expansion Premises to the Tenant on the Expansion Premises Commencement Date in as good repair and condition as the Expansion Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 date of this AmendmentLease, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Utix Group Inc, Utix Group Inc

Additional Premises. Landlord shall use commercially reasonable efforts to expand Tenant shall, in accordance with the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet provisions of Rentable Area this Paragraph D, take occupancy of Suites 402, 403, 410 and 418, located on the first fourth floor of the Building and collectively consisting of approximately Nine Thousand Five Hundred Sixty-one (1st9,561) flooradditional net rentable square feet (collectively, the "Additional Premises", and each a "Suite of Additional Premises"), all as more particularly shown on Exhibit A B attached hereto and incorporated herein by this reference. As Tenant takes possession of each Suite of Additional Premises, the Premises shall thereupon and thereafter be deemed to include such Suite, and the rent and other charges, and the calculation of Tenant's Proportionate Share shall be adjusted accordingly. Monthly Rental for each Suite of Additional Premises shall commence upon the Additional Suite Rent Commencement Date (defined below) applicable to each such Suite of Additional Premises in accordance with the then applicable Monthly Rental rate set forth on the Rental Schedule attached hereto as Exhibit D and made a part hereof. With respect to each Suite of Additional Premises, Landlord shall notify Tenant, in writing, of the date upon which Landlord expects each Suite of Additional Premises to become available for Tenant's occupancy ("Availability Notice"), which Availability Notice shall be given not less than fifteen (15) days prior to the date that Landlord expects the affected Suite to become available for Tenant's possession (the "Availability Date"). Tenant's obligations to pay rent for the Suite of Additional Premises”Premises shall commence upon the first to occur of (a) on July 1the thirtieth (30th) day following the Availability Date, 2012 or (b) the date upon which Tenant commences business operations in the Suite of Additional Premises (the "Additional Suite Rent Commencement Date"); provided that the Availability Date and Additional Suite Rent Commencement Date shall be extended by an amount of time equal to any delay in Landlord delivering possession of the Suite of Additional Premises Delivery to Tenant; and provided further that if Tenant shall take possession of the Suite of Additional Premises prior to the Availability Date set forth in Landlord's Availability Notice, then the Availability Date shall be deemed to be the date upon which Tenant takes such early possession. Upon the Availability Date”), as such date may be extended in order for Landlord to recover possession of the affected Suite of Additional Premises from the prior tenant, Landlord agrees to deliver possession of the affected Suite to Tenant. In During the event Landlord determines period of time prior to the Additional Premises will be ready for delivery Suite Rent Commencement Date, Tenant shall have the right to Tenant perform such Tenant's Work in the Required Condition on Suite as Tenant shall deem necessary or desirable, all consistent with the terms and conditions set forth in this Lease, and all at Tenant's sole cost and expense. Upon the date that Tenant takes possession of a Suite of Additional Premises as required under this Paragraph D, but in no event later than the Availability Date, such Suite shall be deemed to constitute a part of the Premises leased by Tenant, subject to all of the terms, conditions and obligations of this Lease; provided only, however, that Tenant's obligation to pay rent for such Suite shall not commence until the Additional Premises Delivery Suite Rent Commencement Date, within . Within ten (10) business days prior to following the Additional Premises Delivery Suite Rent Commencement Date, Landlord and Tenant shall enter into a written amendment execute an Amendment To Restated Lease, in the form attached hereto as Exhibit G, setting forth the date on which Suite of Additional Premises was added to the Lease, which amendment shall provide, unless otherwise agreed in writing, Premises (athe "Additional Suite Commencement Date") that the commencement date of and the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Suite Rent Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as resulting changes in the “Total Premises”), (c) the new Basic Annual Monthly Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which payable by Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio calculation of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this AmendmentTenant's Proportionate Share.

Appears in 1 contract

Samples: Office Lease (Moneygram Payment Systems Inc)

Additional Premises. Landlord shall use commercially reasonable efforts (a) Effective as of the earlier to expand occur of (i) Owner’s First Amendment Work Substantial Completion Date (as hereinafter defined) and (ii) the date on which Tenant or anyone acting by, through or under Tenant takes possession of the Additional Premises to include an additional fifteen thousand four hundred ten (15,410) square feet for any purpose other than for the performance of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto Pre-possession Activities (the “Additional Premises”) on July 1, 2012 (earlier of such dates being herein referred to as the “Additional Premises Delivery Adjustment Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be added to the Existing Premises, as if originally included in the demise under the Existing Lease. Effective from and after the Additional Premises Delivery Adjustment Date and continuing until the Extension Period Expiration Date (the “Additional Premises Commencement Date”as hereinafter defined), (bi) thatthe term “Demised Premises”, “demised premises” or “Premises” as of used herein and in the Additional Premises Commencement Date, the Premises under the Existing Lease shall be increased deemed to include both the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Existing Premises and the Additional Premises and (ii) the parties deem the Demised Premises to comprise approximately 10,500 square feet of rentable area (but such measurement shall not constitute a representation or warranty of any kind by Owner as to the actual square footage of the Demised Premises, rentable or otherwise, nor shall such measurement be referred subject to hereinafter as the “Total Premises”confirmation), (c) as more particularly described in Exhibit A-1 attached hereto and made a part hereof, but excluding elements of the new Basic Annual Rent applicable Building which penetrate through the floor and janitor and electrical closets. Owner does hereby demise and let to the Total Premises, which shall commence on Tenant and Tenant does hereby hire and take from Owner the Additional Premises Commencement Date subject and shall be subordinate to each Superior Lease and Superior Mortgage as further described provided in Section 4.2 the Lease and upon and subject to all of this Amendmentthe covenants, (d) Tenant’s new Pro Rata Share agreements, terms and conditions of Operating Expenses as the Lease. Promptly after the occurrence of the Additional Premises Commencement Adjustment Date, which Pro Rata Share Owner and Tenant shall equal one hundred percent confirm the occurrence thereof and confirm the Extension Period Expiration Date (100%as defined in Section 3 below) of the Building by executing an instrument provided by Owner and thirty-three and 51/100 percent (33.51%) of the Project and (e) reasonably satisfactory to Tenant; provided, that, in addition the failure by Owner or Tenant to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on execute such an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease instrument shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) affect the new Basic Annual Rent applicable to the Premises shall be occurrence of such dates as further described provided in Section 4.3 of this Amendment.

Appears in 1 contract

Samples: First Lease (REGENXBIO Inc.)

Additional Premises. Landlord shall use commercially reasonable efforts to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet Effective as of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July December 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date 2015 (the “Additional Premises Commencement Date”), (b) thatTenant leases the Additional Premises from Landlord, as of shown on Exhibit A attached hereto and made a part hereof, which Exhibit A shall be added to Exhibit B to the Existing Lease. Tenant’s obligation to pay Base Rent and Additional Rent with respect to the Additional Premises shall commence on the Additional Premises Commencement Date. From and after the Additional Premises Commencement Date, the Premises under term “Premises,” as used herein and in the Lease Existing Lease, and any and all of the Landlord’s and Tenant’s obligations and rights with respect thereto, shall be increased include and apply to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (togetherPremises. In connection therewith, the Premises from and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of after the Additional Premises Commencement Date, the definition of the term “Premises” in paragraph 1 of the Existing Lease is amended and restated as follows: “The portion of the Building consisting of a portion of the seventh (7th), eighth (8th) and ninth (9th) floors the Building which is depicted on the plan attached as Exhibit B and agreed by Landlord and Tenant for all purposes under this Lease to consist of approximately 51,925 rentable square feet, measured in accordance with the standard BOMA Method of Measurement (ANSI-1996). The foregoing number of rentable square feet shall be final, conclusive and controlling and if Landlord remeasures the Building or Premises (regardless the reason, including whether required by a lender or due to a change in the method of measurement employed by Landlord throughout the Building), then notwithstanding the outcome of such remeasurement, neither the amount of Base Rent nor Tenant’s Pro Rata Share shall equal one hundred percent (100%Operating Costs) of the Building and thirty-three and 51/100 percent or Tenant’s Pro Rata Share (33.51%Property Taxes) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be changed as further described in Section 4.3 a result of this Amendmentany such remeasurement.

Appears in 1 contract

Samples: Deed of Lease (Opower, Inc.)

Additional Premises. Landlord Lessor shall use commercially provide Lessee with reasonable efforts ------------------- advance written notice of Lessor's intention to expand vacate any portion of the Property. Upon such notice, Lessee shall have the exclusive right, subject to the provisions of Section 2.3, to lease the portion of the Property vacated by Lessor ("Vacated Space") on the same terms and conditions set forth ------------- herein by providing Lessor with written notice, within fifteen (15) days of receipt of Lessor's notice as set forth above, that Lessee agrees to lease the Vacated Space. Any Vacated Space which Lessor elects, in a timely manner in accordance with the provisions of this Section 2.2, to lease (the "Elected ------- Premises") shall be added as "Additional Premises" to the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet immediately -------- ------------------- and automatically as of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines date that Lessor vacates the Additional Premises will be ready for delivery (the "Additional Premises Commencement Date") so long as adding the Elected ------------------------------------- Space to Tenant the Premises shall not prevent, or impair or disturb in any material respect, use and operation of, ingress to or egress from, or the Required Condition feasibility of Lessor leasing to other Persons, any part of the Property other than the Premises; provided, however, that if sum of the square footage of (i) any Elected Space and (ii) any Additional Premises previously added to the Premises, exceeds twenty percent (20%) of the total square footage of the Premises on the date of this Agreement, the Elected Space shall not become Additional Premises Delivery Datewithout Lessor's prior written consent, within ten (10) business days prior which consent shall not be unreasonably withheld and which consent may be conditioned on an increase in rent proportionate to the Additional Premises Delivery Dateincrease in square footage, Landlord increased expenses of operation and Tenant other reasonable factors. If Lessee fails to provide notice to lease the Vacated Space as required above, or if the limitations set forth above preclude Lessee from leasing the Vacated Space even if Lessee has timely given a notice to lease, Lessor shall enter into a written amendment have the right to lease the Vacated Space to any other Person. Base Rent (as hereinafter defined) shall not increase or decrease due to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date addition of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be except in the case where Lessor's consent is required as further described in Section 4.3 of this Amendmentset forth above.

Appears in 1 contract

Samples: Cranbury Facilities Sharing Agreement and Lease (Armkel LLC)

Additional Premises. Effective as of the Additional Premises Commencement Date (as defined below), the premises located on the second (2nd) floor of the Building and outlined on attached Exhibit A-1 and labeled “Additional Premises” shall be added to the Lease. The “Additional Premises Commencement Date” is the date that the Additional Premises are delivered to Tenant in Delivery Condition (as defined in Paragraph 2.a. below). The parties presently estimate that the Additional Premises Commencement Date will occur on or about October 1, 2015. Notwithstanding the foregoing, in the event of a delay in the Additional Premises Commencement Date, neither this Amendment nor the Lease shall be void or voidable, nor shall Landlord be liable to Tenant for such delay, but Landlord shall use commercially reasonable reasonably efforts to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines cause the Additional Premises will be ready Commencement Date to occur as soon as reasonably possible following October 1, 2015. Landlord Tenant agree that, for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to all purposes of the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, deemed to consist of 5,700 rentable square feet of space. Effective as of the Additional Premises Commencement Date, (i) Exhibit A-2 attached hereto (which is an outline of the Existing Premises, plus the Additional Premises) shall replace Exhibit A to the Lease and (ii) the Premises under shall, for all purposes of the Lease shall Lease, be increased deemed to include consist of a total of 14,083 rentable square feet of space. Once the Additional Premises for a total Commencement Date is determined, at the request of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (togethereither party, the Premises and the Additional Premises parties shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on confirm in writing the Additional Premises Commencement Date and the Expiration Date (as modified by Paragraph 3 below), which written confirmation shall be as further described substantially in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as the form of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long letter attached hereto as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendment.Exhibit B.

Appears in 1 contract

Samples: Homeunion Holdings, Inc.

Additional Premises. (a) Landlord shall use commercially reasonable efforts hereby leases to expand Tenant, and Tenant hereby hires from Landlord, by adding to the Premises to include an additional fifteen thousand four hundred ten Original Premises, those certain premises (15,410the "Additional Premises") square feet of Rentable Area located on the first fourteenth (1st14th) floorfloor of the Building, as more particularly shown on Exhibit A attached hereto (which by this reference is made a part hereof), for the term (the "Additional Premises Term") commencing on the "Additional Premises Commencement Date" (hereinafter defined) and ending on June 30, 2008 (the "Expiration Date"), or until such term shall sooner cease and terminate as hereinafter provided. The "Additional Premises Commencement Date" shall be the date that is the later of (i) January 1, 2000; and (ii) the date that The Xxxxxx.Xxx Inc. ("Xxx Xxxxxx"), the existing tenant of the Additional Premises”) on July 1, 2012 (delivers to Landlord vacant possession of the Additional Premises Delivery Date”)Premises. In the event The Street has expressed its intention to Landlord determines to vacate the Additional Premises will be ready for delivery prior to Tenant in January 1, 2000, but is not bound to do so. However, to the Required Condition on extent The Street's move from the Additional Premises Delivery Daterequires the reasonable cooperation of Landlord, within ten (10) business days prior Landlord agrees, for the benefit of Tenant, to reasonably cooperate with The Street to facilitate The Street's move from the Additional Premises. If The Street has not delivered to Landlord vacant possession of the Additional Premises Delivery Dateon or before January 31, 2000, Landlord and Tenant shall enter into a each have the right, upon written amendment notice given to the other party no later than February 5, 2000, to terminate this First Amendment of Lease. If this First Amendment of Lease is terminated pursuant to the previous sentence, which amendment this First Amendment of Lease shall provideterminate and neither party hereto shall have any further rights or obligations hereunder other than those that are expressly provided to survive the termination hereof, unless otherwise agreed in writingand, (a) that notwithstanding a termination of this First Amendment of Lease pursuant to the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”)previous sentence, (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises remain in full force and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendmenteffect.

Appears in 1 contract

Samples: Of Lease (Avesta Technologies Inc)

Additional Premises. Landlord Lessor shall use commercially provide Lessee with reasonable efforts advance written notice of Lessor's intention to expand vacate any portion of the Property. Upon such notice, Lessee shall have the exclusive right, subject to the provisions of Section 2.3, to lease the portion of the Property vacated by Lessor ("Vacated Space") on the same terms and conditions set forth herein by providing Lessor with written notice, within fifteen (15) days of receipt of Lessor's notice as set forth above, that Lessee agrees to lease the Vacated Space. Any Vacated Space which Lessor elects, in a timely manner in accordance with the provisions of this Section 2.2, to lease (the "Elected Premises") shall be added as "Additional Premises" to the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet immediately and automatically as of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines date that Lessor vacates the Additional Premises will be ready for delivery (the "Additional Premises Commencement Date") so long as adding the Elected Space to Tenant the Premises shall not prevent, or impair or disturb in any material respect, use and operation of, ingress to or egress from, or the Required Condition feasibility of Lessor leasing to other Persons, any part of the Property other than the Premises; provided, however, that if sum of the square footage of (i) any Elected Space and (ii) any Additional Premises previously added to the Premises, exceeds twenty percent (20%) of the total square footage of the Premises on the date of this Agreement, the Elected Space shall not become Additional Premises Delivery Datewithout Lessor's prior written consent, within ten (10) business days prior which consent shall not be unreasonably withheld and which consent may be conditioned on an increase in rent proportionate to the Additional Premises Delivery Dateincrease in square footage, Landlord increased expenses of operation and Tenant other reasonable factors. If Lessee fails to provide notice to lease the Vacated Space as required above, or if the limitations set forth above preclude Lessee from leasing the Vacated Space even if Lessee has timely given a notice to lease, Lessor shall enter into a written amendment have the right to lease the Vacated Space to any other Person. Base Rent (as hereinafter defined) shall not increase or decrease due to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date addition of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be except in the case where Lessor's consent is required as further described in Section 4.3 of this Amendmentset forth above.

Appears in 1 contract

Samples: Asset Purchase Agreement (Carter Wallace Inc /De/)

Additional Premises. Landlord A. The Additional 4th Floor Space shall use commercially reasonable efforts be delivered to expand Tenant on the Extended Term Commencement Date vacant and in broom clean condition. Effective as of the Extended Term Commencement Date, the Additional 4th Floor Space shall be deemed to be included in the Premises for all purposes of the Lease and all references in the Lease and this Agreement to the "Demised Premises", "Premises", "premises", or "demised premises" shall be deemed to include an additional fifteen thousand four hundred ten (15,410) square feet the Additional 4th Floor Space. Except as otherwise herein provided, all other terms and conditions of Rentable Area located the Lease, including those applicable to items of Fixed Rent and Additional Rent payable pursuant to the Lease, shall be deemed to be, and shall remain, as set forth in the Lease throughout the remainder of the Term of the Lease, as amended hereby. Tenant expressly waives any right to rescind the Lease, as amended hereby, with respect to the Additional 4th Floor Space under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right to recover any damages, direct or indirect, which may result from Landlord's failure to deliver possession of the Additional 4th Floor Space on the first Extended Term Commencement Date, however in such event (1stprovided Tenant is not responsible for the inability to obtain possession) floor, as shown on Exhibit A attached hereto (the Rent Commencement Date for the Fixed Rent and any Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines Rent payable for the Additional Premises will 4th Floor Space shall be ready extended on a day for delivery day basis until the date on which Landlord delivers possession of the Additional 4th Floor Space to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendmentcondition required hereunder.

Appears in 1 contract

Samples: Playboy Enterprises Inc

Additional Premises. Landlord (a) (i) A portion of the rentable area of the sixth (6th) floor of the Building, which the parties conclusively agree shall use commercially reasonable efforts be deemed to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) contain 7,214 rentable square feet of Rentable Area located feet, as more particularly shown darkened on the first (1st) floor, plan annexed hereto as shown on Exhibit A attached hereto Schedule A-1 (the “Additional Premises”) on July 1), 2012 (is hereby added to and shall be considered a part of the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to demised under the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that commencing on the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”) on which Landlord’s Additional Premises Work (as hereinafter defined) is Substantially Complete and expiring on the Expiration Date (i.e., concurrently with the Lease for the balance of the Premises), (b) thatprovided that the Additional Premises Commencement Date may not occur prior to January 1, as 2020. Upon the occurrence of the Additional Premises Commencement Date, the Premises under the Lease Tenant shall be increased to include leasing the entire rentable area of the sixth (6th) floor of the Building as more particularly shown on the floor plan annexed hereto as Schedule A-2. Landlord shall deliver vacant, broom-clean possession of the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence Tenant on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent with (100%i) of Landlord’s Additional Premises Work Substantially Complete, and (ii) the Building and thirty-three and 51/100 percent Systems that service the Additional Premises being in good working order; it being understood that (33.51%x) of except for Landlord’s Additional Premises Work, Landlord shall not be obligated to perform any work to prepare the Project Additional Premises for Tenant’s initial occupancy thereof, and (ey) thatexcept as set forth herein, in addition to the parking which Tenant is entitled to under the terms of the Lease Landlord makes no representations, warranties or promises with respect to the original Additional Premises. The foregoing is not intended to relieve Landlord from its ongoing maintenance and repair obligations set forth in the Lease. Landlord hereby leases to Tenant, and Tenant hereby hires from Landlord, the Additional Premises upon and subject to all of the terms and conditions of the Lease applicable to the Original Premises, Tenantexcept as otherwise expressly set forth herein, for so long as Tenant leases and all references in the Lease to the Premises shall, from and after the Additional Premises Commencement Date, be deemed to refer to both the Original Premises and the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be except as further described in Section 4.3 of this Amendmentotherwise expressly set forth herein.

Appears in 1 contract

Samples: Of Lease (Squarespace, Inc.)

Additional Premises. Landlord Subject to (a) the rights of other existing tenants as of the date of execution of this Lease in and to any unleased premises in the Building, and (b) the conditions set forth in paragraph 17 below, Tenant shall use commercially reasonable efforts to expand have the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on right, during the first (1st) floorLease Year, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant lease any unleased premises in the Required Condition on Building. Tenant shall exercise this right by notifying the Additional Premises Delivery DateLandlord in writing, within ten (10) business days prior to the expiration of the first Lease Year, of Tenant's intent to lease certain additional premises, as identified in such notice ("Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date Premises"). The lease of the Additional Premises shall be on the Additional Premises Delivery Date same terms and conditions as this Lease, except (i) the “Additional Premises Commencement Date”), (b) that, as lease of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”)coterminous with this Lease, (cii) the new Basic Annual Rent applicable All adjustments to the Total Premises, which shall commence on rent for the Additional Premises shall be made as if the Additional Premises had been leased as of the Lease Commencement Date and of this Lease, (iii) there shall be as further described no rental abatement or moving allowance associated with the Additional Premises, and (iv) all allowances and concessions, including but not limited to any allowance for tenant improvements, shall be based upon such allowances contained in Section 4.2 this Lease, but shall be pro-rated based upon the number of this Amendmentmonths remaining in the term. Tenant shall provide Landlord with plans and specifications, (d) Tenant’s new Pro Rata Share of Operating Expenses as approved by Landlord, for the improvement of the Additional Premises Commencement Dateand shall execute an amendment to this Lease, which Pro Rata Share shall equal one hundred percent reflecting the addition of the Additional Premises and all appropriate adjustments, within thirty (100%30) days (time being of the essence) of the Building and thirty-three and 51/100 percent (33.51%) Tenant's notice to Landlord of the Project and (e) that, in addition its intention to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases lease the Additional Premises. For each day of Tenant's delay in providing approved plans and specifications or executing a lease amendment (providing Landlord does not contribute to such delay), shall have a non-exclusive license to use or each day of delay caused by Tenant in the parking facilities serving the Building in common on an unreserved basis with other tenants construction of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts improvements to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is (provided landlord does not ready contribute to such delay), Tenant shall pay to Landlord 1/30 of the monthly Minimum Rent for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this AmendmentPremises.

Appears in 1 contract

Samples: Lease Agreement (V One Corp/ De)

Additional Premises. As of the Execution Date, Landlord shall use commercially reasonable efforts hereby leases to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) Tenant approximately 50,000-60,000 contiguous rentable square feet of Rentable Area additional premises located on the first (1st) floorthird floor of the Building, as shown depicted on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 ). The Additional Premises will be occupied in two phases. The first phase (the “Additional Premises Delivery DateInitial Phase). In ) shall consist of at least 30,000 rentable square feet of space and the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date second phase (the “Additional Premises Commencement DateSecond Phase)) shall consist of an amount of rentable square footage to be determined by Tenant, (b) that, as provided that the total Additional Premises shall not exceed 60,000 rentable square feet of space and shall not be less than 50,000 rentable square feet of space. The actual rentable square footage and actual useable square footage of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises Initial Phase and the Additional Premises Second Phase will be adjusted and mutually agreed to between Landlord and Tenant based upon the actual constructed rentable square footage and actual constructed usable square footage determined in accordance with the Measurement Standard. Tenant shall be referred to hereinafter as have the “Total Premises”)right, (c) the new Basic Annual Rent applicable subject to the Total Premiseslimitations set forth above, which shall commence on to determine the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as size of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent Second Phase until the earlier of (100%a) such time that Landlord presents a bona fide offer on any remaining unoccupied space on the third floor of the Building and thirty-three and 51/100 percent (33.51%) that could include a portion of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is Second Phase to a third party and (b) December 31, 2010; provided that Landlord shall give Tenant written notice at least 10 business days prior to making or accepting any offer under clause (a). If any such offer does not ready for delivery result in a binding obligation to lease the remaining space, Landlord shall advise Tenant in of the Required Condition on same and Tenant shall again have the right to adjust the actual square footage of the Additional Premises Delivery Date, then (x) this Amendment and Second Phase as provided in the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendmentprevious sentence.

Appears in 1 contract

Samples: Lease (Ironwood Pharmaceuticals Inc)

Additional Premises. 2.1. Landlord shall use commercially reasonable efforts hereby leases to expand Tenant, and Tenant hereby leases from Landlord, the 777 G-Level Expansion Premises as of the date (the “777 G-Level Expansion Premises Commencement Date”) that Landlord tenders possession of the 777 G-Level Expansion Premises to include an additional fifteen thousand four hundred ten (15,410) square feet Tenant in compliance with the terms of Rentable Area located on this Amendment and with the first (1st) floor, as shown improvements to the 777 G-Level Expansion Premises set forth on Exhibit A D attached hereto (the “Additional Premises777 G-Level Landlord Work”) on July 1substantially complete. From and after the 777 G-Level Expansion Premises Commencement Date, 2012 (the term Additional Premises” shall include the 777 G-Level Expansion Premises. The Term with respect to the 777 G-Level Expansion Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition shall expire on the Additional Expiration Premises Delivery Term Expiration Date, subject to Tenant’s option to extend the Term of the Lease as provided in Article 44 of the Lease. Tenant shall execute and deliver to Landlord written acknowledgment of the actual 777 G-Level Expansion Premises Commencement Date within ten (10) business days prior after Tenant takes occupancy of the 777 G-Level Expansion Premises, in the form attached as Exhibit C hereto. Failure to execute and deliver such acknowledgment, however, shall not affect the Additional 777 G-Level Expansion Premises Delivery Date, Landlord and Commencement Date or Landlord’s or Tenant’s liability hereunder. Failure by Tenant to obtain validation by any medical review board or other similar governmental licensing of the 777 G-Level Expansion Premises required for the Permitted Use by Tenant shall enter into a written amendment not serve to extend the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional 777 G-Level Expansion Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendment.

Appears in 1 contract

Samples: Lease (Regeneron Pharmaceuticals Inc)

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Additional Premises. Landlord shall use commercially reasonable efforts to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet Effective as of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery Lease Commencement Date, in addition to the Initial Premises, Tenant shall lease from Landlord and Landlord shall lease to Tenant the Additional Premises. Accordingly, (i) Tenant shall commence payment of “Base Rent,” as that term is defined in Article 3, below, and “Additional Rent,” as that term is defined in Section 4.1, below, for the Required Condition Additional Premises on the Additional Premises Delivery Lease Commencement Date, within ten and (10ii) business days prior to effective upon the Additional Premises Delivery Lease Commencement Date, Landlord and notwithstanding any contrary provision of this Lease, the Premises shall include the Initial Premises and the Additional Premises. Tenant’s lease of the Additional Premises shall terminate concurrently with Tenant’s lease of the Initial Premises on the Lease Expiration Date, unless this Lease is sooner terminated in accordance with the terms hereof. Tenant acknowledges and agrees that Tenant shall enter into a written amendment continue to accept the LeaseAdditional Premises on the Additional Premises Lease Commencement Date is its then existing, which amendment shall provide“as is” condition. Except as provided in this Section 1.2, unless otherwise agreed in writing, (a) that the commencement date Tenant’s lease of the Additional Premises shall be subject to the terms and conditions set forth in this Lease. Tenant’s occupancy of the Additional Premises Delivery after the termination of the ARMO Lease shall be deemed pursuant to this Lease and not as a holdover under the ARMO Lease and ARMO shall be deemed to have surrendered the Additional Premises in the required condition notwithstanding Tenant’s continued occupancy thereof. Landlord agrees that in the event the ARMO Lease is terminated prior to the Additional Premises Lease Commencement Date, Tenant will automatically become a direct tenant of Landlord in the Additional Premises on all of the terms and conditions of this Lease (subject to the last sentence of this Section 1.4), Landlord will recognize Tenant on all of the terms and conditions of the Lease, and Tenant will attorn to Landlord on all of such terms from the date of such termination through the Additional Premises Lease Commencement Date (the “Additional Premises Commencement DateRecognition Lease Period”). The termination of the ARMO Lease, (b) that, as and direct lease of the Additional Premises Commencement Dateby Tenant as set forth above, the Premises under the Lease shall be increased to include not modify the Additional Premises Lease Commencement Date or Lease Expiration Date under this Lease. During the Recognition Lease Period, Tenant shall pay Base Rent and Additional Rent for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under accordance with the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this AmendmentSublease.

Appears in 1 contract

Samples: Lease (Bolt Biotherapeutics, Inc.)

Additional Premises. Landlord shall use commercially reasonable efforts Effective upon the earlier to expand occur of (i) the Premises date upon which Tenant first commences to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant conduct business in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date any portion of the Additional Premises shall be (provided, however, the mere storage in the Additional Premises Delivery of Tenant’s furniture, computers, similar personal property and any other office-related materials that may require storage shall be deemed not to constitute the commencement of business therein), and (ii) the second (2nd) anniversary of the Commencement Date (the “Additional Premises Commencement Date”), (b) that, which is anticipated to occur as of March 1, 2005, Tenant shall lease from Landlord and Landlord shall lease to Tenant, in addition to the Initial Premises, the Additional Premises. Consequently, effective upon the Additional Premises Commencement DateDate and notwithstanding any contrary provision of this Lease, the Premises under the Lease shall be increased to include the Additional Premises for a total Premises. Except as provided in this Section 1.3, Tenant’s lease of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred subject to hereinafter as the terms and conditions set forth in this Lease. The lease term (the “Total PremisesAdditional Premises Term), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on for the Additional Premises Commencement Date shall commence, and Tenant shall be commence payment of “Rent,” as further described that term is defined in Section 4.2 of this Amendment4.1, (d) Tenant’s new Pro Rata Share of Operating Expenses as of below, for the Additional Premises on the Additional Premises Commencement Date, which Pro Rata Share and shall equal one hundred percent (100%) terminate on the Lease Expiration Date, as set forth in Section 3.3 of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease Summary. In connection with respect to the original such Additional Premises, Tenant, for so long as provided that Tenant leases does not interfere with any work performed by or on behalf of Landlord in the Building or the Additional Premises, Landlord shall provide Tenant access thereto on or before the earlier to occur of (i) September 1, 2004 (i.e., the date which is 180 days preceding the anticipated Additional Premises Commencement Date), and (ii) the date which is thirty (30) days following Tenant’s written request for access thereto (as applicable, the “Additional Premises Access Date”); provided, however, if such Additional Premises Access Date occurs prior to September 1, 2004 as a result of Tenant’s request, in no event shall the date upon which Tenant is deemed to have a non-exclusive license first commenced to use the parking facilities serving the Building conduct business in common on an unreserved basis with other tenants any portion of the Building and Premises be later than the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of day which is 180 days following such Additional PremisesPremises Access Date; provided further, which amounts however, that notwithstanding the access identified in this sentence, (A) Tenant shall, prior to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery Access Date, be allowed to Tenant in the Required Condition on utilize the Additional Premises Delivery Datefor the storage of Tenant’s furniture, then computers, similar personal property and any other office-related materials that may require storage, and (xB) this Amendment and the Lease construction, pursuant to the TCCs of the Tenant Work Letter, of Tenant’s planned “stairwell feature” connecting all five floors of the Premises, shall not be void or voidableitself trigger the Additional Premises Commencement Date. Tenant shall hold Landlord harmless from and indemnify, (y) protect and defend Landlord shall not be liable to Tenant for against any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Building or Additional Premises shall be as further described in and against injury to any persons caused by Tenant’s use of the Additional Premises pursuant to this Section 4.3 of this Amendment1.3.

Appears in 1 contract

Samples: Office Lease (Memec Inc)

Additional Premises. Landlord shall use commercially reasonable efforts to expand Commencing May 1, 2005, the Premises to shall include an additional fifteen thousand four hundred ten (15,410) all of the property commonly known as 1000 Xxxx Xxxxxx Xxxxxx, which includes a single story building containing approximately 36,993 rentable square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional 1020 Premises”) on July 1, 2012 (the “Additional Premises Delivery Date”). In Lessee shall accept the event Landlord determines 1020 Premises in its “as is” condition upon delivery thereof by the Additional Premises will be ready for delivery Lessor; provided, however, that as a condition to Tenant in the Required Condition on the Additional Premises Delivery Date, within ten (10) business days prior Lessee’s obligation to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date accept possession of the Additional Premises 1020 Premises, Lessor shall deliver to Lessee a copy of any required environmental closure authorization issued by the local fire department or other governmental authority in connection with the cessation of the existing tenant’s use of the 1020 Premises. Lessor’s failure to deliver such certificate shall not constitute a breach of this Lease by Lessor, but shall be grounds for Lessee refusing to accept the Additional 1020 Premises. Lessee shall not be responsible for any pre-existing environmental conditions present at the 1020 Premises Delivery Date (at the “Additional time Lessor delivers possession of the 1020 Premises. If Lessor is unable to deliver possession of the 1020 Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises scheduled date for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”)any reason, (ci) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease rental with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, 1020 Premises shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants be delayed until Lessor delivers possession of the Building and the Project 1020 Premises to Lessee (with base rent calculated daily at a ratio rate of 3.3 parking spaces $1.95 per 1,000 rentable square feet of Additional Premisesfoot per month); and (ii) Lessor shall not be liable for any damage caused for failing to deliver possession, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) and this Amendment and the Lease shall not be void or voidable, provided, however, that Lessor shall provide Lessee with a rental credit (ythe “Rental Credit”) Landlord against base rental owing under this Lease in an amount equal to Eight Hundred Thirty Three Dollar ($833) for each day that Lessor is late in delivering the 1020 Premises to Lessee; provided, however, that Lessee shall have the right to terminate this Amendment on or before August 10, 2005 in the event that Lessor does not be liable deliver possession of the 1020 Premises to Tenant for any loss Lessee on or damage resulting therefrom and (z) the new Basic Annual Rent applicable before August 1, 2005. If Lessee terminates this Amendment pursuant to the Premises preceding sentence, Lessee shall be still receive the Rental Credit through August 1, 2005 and Lessee shall immediately vacate the Temporary Premises. The parties acknowledge that the Rental Credit is a reasonable estimate of the damages that Lessee will incur as further described a result of delay in Section 4.3 delivery of this Amendmentthe premises as a result of potential disruption in development activities that require availability of the 1020 Premises.

Appears in 1 contract

Samples: Lease (Alexza Pharmaceuticals Inc.)

Additional Premises. Landlord shall use commercially reasonable efforts American hereby grants to expand Sublessee the option ("Option") to sublease from American all or any portion of the additional space in the Base Lease Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on or the first (1st) floor, as shown Improvements specifically described and generally depicted on Exhibit A B attached hereto (the "Option Premises"), together with the Fixtures associated therewith and the Miscellaneous Personal Property located thereon as described above. The term of the Option ("Option Period") shall commence as of the Execution Date and shall expire at 5:00 p.m. Fort Worth, Texas time on August 31, 1997 ("Option Termination Date"). Sublessee may exercise the Option by delivering to American, at any time prior to the Option Termination Date, an unconditional written notice of exercise ("Notice") in substantially the form of Exhibit C attached hereto. Sublessee shall have the right to deliver any number of Notices to American during the Term of the Option, subject to the rules and agreements that govern the type and amount of space and Improvements that are permitted or required to be the subject of a given exercise of the Option that are set forth on Exhibit D attached hereto. Among other things, each Notice shall specify (i) the portion of the Option Premises for which the Option is exercised ("Additional Premises") on July 1, 2012 and (ii) the “Additional Premises Delivery Date”). In date of the event Landlord determines commencement of the Sublease of the Additional Premises will (the "Additional Premises Commencement Date"), which date (a) shall not be ready for earlier than the later of (i) June 15, 1995 and (ii) one hundred and twenty (120) days after the date of delivery to Tenant in American of the Required Condition applicable Notice and (b) shall not be later than ninety (90) days following the Option Termination Date. Upon delivery of the Notice, Sublessee shall be deemed to have exercised the Option and Sublessee shall become unconditionally and irrevocably obligated to sublease from American, and American shall become unconditionally and irrevocably obligated to sublease to Sublessee, the Additional Premises, with a commencement date on the Additional Premises Delivery Commencement Date, within ten (10) business days prior to but otherwise on the terms and conditions set forth in this Sublease. Each time Sublessee subleases Additional Premises Delivery DatePremises, Landlord Sublessee and Tenant shall enter into a written American will execute an amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, this Sublease effective as of the Additional Premises Commencement Date, Date which will amend and restate the Premises under original Exhibit A to this Sublease such that the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Initial Premises and the Additional Premises are described therein. If there shall have occurred and be referred to hereinafter as continuing on the “Total Premises”), (c) date of the new Basic Annual Rent applicable to the Total Premises, which shall commence Notice or on the Additional Premises Commencement Date and shall be as further described in Section 4.2 an Event of Default by Sublessee under this AmendmentSublease, (d) Tenant’s new Pro Rata Share of Operating Expenses as of American may, at its option, refuse to sublease to Sublessee the Additional Premises Commencement Datethat are the subject of such Notice, which Pro Rata Share shall equal one hundred percent (100%) until and unless the breach giving rise to such Event of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, Default has been timely cured in addition to the parking which Tenant is entitled to under the terms of the Lease accordance with respect to the original this Sublease. The Initial Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building Phase 2 Premises and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (xif any) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be referred to herein as further described in Section 4.3 of this Amendmentthe "Demised Premises."

Appears in 1 contract

Samples: Confidential Treatment (Midway Airlines Corp)

Additional Premises. Notwithstanding anything to the contrary contained herein, commencing on the Commencement Date and continuing on a month-to-month basis, terminable by Tenant at any time upon thirty (30) days advance written notice to Landlord shall use commercially reasonable efforts and terminable by Landlord effective at any time after the first anniversary of the Commencement Date upon thirty (30) days advance written notice to expand Tenant, the Premises to shall include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “Additional Premises. Upon termination of this Lease with respect to the Additional Premises, Tenant shall vacate the Additional Premises, leaving the same in broom clean condition, and shall either: (i) on July 1, 2012 (relocate the “Additional Premises Delivery Date”). In the event Landlord determines Furniture located in the Additional Premises will on the Commencement Date to the Premises (to be ready for delivery surrendered to Tenant Landlord at the expiration or earlier termination of the Lease), or (ii) surrender the Furniture located in the Required Condition on the Additional Premises Delivery on the Commencement Date to Landlord in the same condition and repair as on the Lease Commencement Date, within ten (10) business days prior reasonable wear and tear and damage by casualty excepted. Tenant shall remove from the Additional Premises and other areas of Building 4, and shall repair and restore any damage to the Additional Premises Delivery Dateand/or Building 4 caused by such removal, Landlord and Tenant shall enter into a written amendment to on or before the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms expiration or earlier termination of the Lease with respect to the original Premises, Tenant, for so long Additional Premises the items owned or leased by Tenant from third parties as set forth on EXHIBIT C-1. Landlord and Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In the event agree that the Additional Premises is have not ready been used for delivery to Tenant the calculation of the useable square footage contained in the Required Condition Premises, but have been included in the "load factor" in calculating the rentable square footage contained in the Premises, and this method of calculation shall remain in effect for the one year period commencing on the Lease Commencement Date. Landlord must give Tenant at least forty-five (45) days notice prior to any recalculation of the size of the Premises to include the Additional Space. Notwithstanding anything to the contrary, Landlord shall have no obligation to provide any services, other than standard Building system services for electric, mechanical and HVAC (which are part of CAM), for the Additional Premises Delivery Dateand Tenant shall at its sole cost and expense provide janitorial services, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendmentrequired.

Appears in 1 contract

Samples: Office Lease (3com Corp)

Additional Premises. Landlord shall use commercially reasonable efforts a) Notwithstanding anything contained in the Existing Lease to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on the first (1st) floorcontrary, as shown on Exhibit A attached hereto (the “Additional Premises”) on of July 1, 2012 2001 (the "Additional Premises Delivery Commencement Date"), ------------------------------------- Landlord shall be deemed to have delivered to Tenant and Tenant shall be deemed to have accepted from Landlord, possession of the Additional Premises in its then "as-is, where-is" condition; provided, however, Landlord hereby agrees that all repairs designated upon Exhibit B will be completed either by Rolls Royce or --------- Landlord, at no expense to Tenant, on or before the Additional Premises Commencement Date; it being understood and agreed that any failure to timely complete any or all of such repairs and/or to complete same in a good, workmanlike manner shall, subject to applicable notice and cure periods, and as Tenant's sole remedy (it being understood and agreed that any such failure shall not result in a delay or an extension of the Additional Premises Commencement Date), constitute a default by Landlord under the Lease (an "Exhibit B --------- Default"), subject to cure within thirty (30) days following Landlord's receipt ------- of written notice from Tenant (provided, however, in the event any such cure reasonably requires more than thirty (30) days to complete, Landlord shall not be deemed to be in default so long as Landlord commences such cure within such thirty (30) day period and, thereafter, diligently prosecutes same to completion). In the event Landlord determines performs any of the repairs or work set forth on Exhibit B, Landlord shall, in connection therewith, perform such work in a --------- commercially reasonable manner and use commercially reasonable efforts to minimize interference with any permitted business then being conducted in the Additional Premises will by Tenant. In addition, in connection with any such work performed by Landlord, Landlord shall maintain, or cause its contractors and subcontractors to maintain, commercial general liability insurance with a minimum limit of One Million Dollars ($1,000,000.00) per occurrence and a minimum annual aggregate limit of One Million Dollars ($1,000,000.00), and workers compensation insurance in accordance with applicable law. Such liability insurance shall name Tenant as an additional insured, and all such insurance shall be ready for delivery primary as to any insurance maintained by Tenant. Landlord shall indemnify, defend and hold Tenant harmless from any and all claims, losses and damages (exclusive of consequential damages and/or lost profits) to the extent arising from Landlord's performance of such work. In the event Landlord fails to cure an Exhibit B Default within the subject thirty (30) day period, or, if having commenced such cure within such thirty (30) day period, does not diligently pursue same to completion, Tenant, at its option, shall have the right to cure such Exhibit B Default in accordance with the provisions of Paragraph 13.6(b) of the Existing Lease; provided, however, and notwithstanding ----------------- anything to the contrary contained in the Existing Lease, Tenant shall not be required to provide any Lender notice of, or an opportunity to cure, any Exhibit B Default prior to Tenant in the Required Condition on the Additional Premises Delivery Dateexercising its rights under Paragraph 13.6(b) with ----------------- respect to same; and provided further, within ten (10) business days prior however, and notwithstanding anything to the Additional Premises Delivery Datecontrary contained in Paragraph 13.6(b) of the Existing Lease, Landlord and Tenant shall enter into a written amendment ----------------- be entitled to offset all reasonable out-of-pocket costs actually incurred by Tenant in curing an Exhibit B Default against the Rent payable under the Lease, which amendment offset shall provide, unless otherwise agreed in writing, (a) that the commencement date of the Additional Premises shall not be the Additional Premises Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as the “Total Premises”), (c) the new Basic Annual Rent applicable subject to the Total Premises, which shall commence on the Additional Premises Commencement Date and shall be as further described one (1) month Base Rent limitation set forth in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent (100%Paragraph 13.6(b) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved SpacesExisting Lease. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendment.-----------------

Appears in 1 contract

Samples: Variflex Inc

Additional Premises. Landlord Certain space, the approximate location of which is shown on Exhibit A-1 hereto on the third (3rd) floor of the Building and currently known as Suite 325, and which shall use commercially reasonable efforts be deemed to expand the Premises to include an additional fifteen thousand four hundred ten (15,410) contain 8,248 square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto rentable area for purposes hereof (the “3rd Floor Additional Premises”) on July 1), 2012 (shall be added to and become a part of the “Additional Existing Premises Delivery Date”). In the event Landlord determines the Additional Premises will be ready for delivery to Tenant in the Required Condition commencing on the Additional Premises Delivery Date, within ten (10) business days prior earlier to the Additional Premises Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, occur of (a) that June 1, 2010, and (b) the commencement date of Tenant commences to use the 3rd Floor Additional Premises shall be for the Additional Premises Delivery Date operation of its business (the 3rd Floor Additional Premises Commencement Date”) and continuing co-terminously with the New Expiration Date (as defined in Lease Amendment Ten and the Notice of Lease Term), as the same may be extended, subject to the terms herein. In addition, certain space, the approximate location of which is shown on Exhibit A-2 hereto on the fourth (4th) floor of the Building, and which shall be deemed to contain 3,943 square feet of rentable area for purposes hereof (the “4th Floor Additional Premises”), shall be added to and become a part of the Existing Premises commencing on the earlier to occur of (a) the 4th Floor Possession Date, as defined in Section 7 below, and (b) that, as the date Tenant commences to use the 4th Floor Additional Premises for the operation of the its business (“4th Floor Additional Premises Commencement Date, ”) and continuing co-terminously with the Premises under the New Expiration Date (as defined in Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises Amendment Ten and the Additional Premises shall be referred to hereinafter Notice of Lease Term), as the “Total Premises”)same may be extended, (c) the new Basic Annual Rent applicable subject to the Total Premises, which shall commence on terms herein. As of the Additional Premises Commencement Date and shall be as further described in Section 4.2 date of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of the Additional Premises Commencement DateNew Expiration Date is September 30, which Pro Rata Share shall equal one hundred percent (100%) of the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition to the parking which Tenant is entitled to under the terms of the Lease with respect to the original Premises, Tenant, for so long as Tenant leases the Additional Premises, shall have a non-exclusive license to use the parking facilities serving the Building in common on an unreserved basis with other tenants of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-one (51) additional parking spaces, which number shall include three (3) additional Reserved Spaces2014. In the event the Additional Premises is not ready for delivery to Tenant in the Required Condition on the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and (z) the new Basic Annual Rent applicable to the Premises shall be as further described in Section 4.3 of this Amendment.The term

Appears in 1 contract

Samples: Lease Amendment Twelve (Intercontinentalexchange Inc)

Additional Premises. Landlord The “Additional Premises” shall use commercially reasonable efforts to expand mean a portion of the balance of Floor 12 of the Building that is outlined as the Additional Premises to include an additional fifteen thousand four hundred ten (15,410) square feet of Rentable Area located on the first (1st) floor, as shown on Exhibit A attached hereto (the “hereto. The Additional Premises”) , together with the Existing Subleased Premises, are currently leased by MFS under a lease currently scheduled to expire on July 1February 28, 2012 (2013, without any right of extension. Landlord shall not extend the “Additional term of the MFS’s lease in respect of any portion of the Leased Premises Delivery Date”)beyond the scheduled expiration date set forth above. In the event MFS has advised Landlord determines that it may vacate the Additional Premises will be ready for delivery prior to Tenant such scheduled expiration date, in the Required Condition on which event the Additional Premises Delivery Date, within ten (10) business days may become available for space preparation work prior to such date. As used herein, the Additional Premises “Scheduled Delivery Date, Landlord and Tenant shall enter into a written amendment to the Lease, which amendment shall provide, unless otherwise agreed in writing, (a) that the commencement date of Period” for the Additional Premises shall be mean the Additional Premises period commencing on December 1, 2012 and ending on April 1, 2013. The “Delivery Date (the “Additional Premises Commencement Date”), (b) that, as of the Additional Premises Commencement Date, the Premises under the Lease shall be increased to include the Additional Premises for a total of sixty-one thousand four hundred forty-four (61,444) square feet of Rentable Area (together, the Premises and the Additional Premises shall be referred to hereinafter as mean the “Total Premises”), (c) the new Basic Annual Rent applicable to the Total Premises, date on which shall commence on Landlord delivers the Additional Premises Commencement to Tenant, free and clear of all occupants and after substantial completion of the work that is required under Section 3.05 below to be performed by Landlord prior to the Delivery Date and for the Additional Premises. Landlord shall be as further described in Section 4.2 of this Amendment, (d) Tenant’s new Pro Rata Share of Operating Expenses as of use reasonable efforts to so deliver the Additional Premises Commencement Date, which Pro Rata Share shall equal one hundred percent to Tenant as early as is practicable during the Scheduled Delivery Period (100%) of after MFS vacates and surrenders such space and Landlord has substantially completed the Building and thirty-three and 51/100 percent (33.51%) of the Project and (e) that, in addition work that it is required to perform prior to the parking which Delivery Date under Section 3.05 below), provided that (i) the Additional Premises shall not be delivered to Tenant is entitled to under the terms of the Lease with respect prior to the original PremisesScheduled Delivery Period, Tenant, for so long as unless Tenant leases elects to accept such early delivery of the Additional Premises, and (ii) any delay in such delivery beyond the Scheduled Delivery Period shall have a non-exclusive license not give rise to use any claim, damage, or liability of Landlord, except that the parking facilities serving the Building Rent Commencement Date (solely in common on an unreserved basis with other tenants respect of the Building and the Project at a ratio of 3.3 parking spaces per 1,000 rentable square feet of Additional Premises, which amounts to fifty-) shall be delayed by one day for each day (51if any) additional parking spaces, which number shall include three (3) additional Reserved Spaces. In that the event Delivery Date for the Additional Premises is not ready for delivery to Tenant delayed after the last day of the Scheduled Delivery Period (it being agreed, however, that such delay in the Required Condition on Rent Commencement Date for the Additional Premises Delivery Date, then (x) this Amendment and the Lease shall not be void or voidable, (y) Landlord shall not be liable derogate from Landlord’s ongoing obligation to Tenant for any loss or damage resulting therefrom and (z) continue to use reasonable efforts to deliver the new Basic Annual Rent applicable to Additional Premises as soon as possible after the Premises shall be as further described in Section 4.3 end of this Amendmentthe Scheduled Delivery Period).

Appears in 1 contract

Samples: NewStar Financial, Inc.

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