Common use of Current Premises Clause in Contracts

Current Premises. Tenant shall have the right to continue to occupy the Current Premises in accordance with the terms and conditions of the Lease until no later than 12:00 midnight on the date which is five (5) days after the New Premises Commencement Date (as defined in Section 3 below) (the “Surrender Date”); provided, however, if Tenant surrenders the Current Premises by the Surrender Date, Tenant’s obligation to pay Rent for the Current Premises accruing after the New Premises Commencement Date (as defined in Section 3 below) shall cease, otherwise, if Tenant fails to surrender the Current Premises by the Surrender Date, Tenant shall be obligated to pay (a) the then current rent for the Current Premises for each day during the initial two (2) weeks of such holdover after the Surrender Date that Tenant continues to occupy the Current Premises (with any such rent prorated on the basis of a 30-day month); and (b) thereafter Tenant shall pay holdover rent for the Current Premises pursuant to Section 22 of the Lease for each day that Tenant continues to occupy the Current Premises (with any such rent prorated on the basis of a 30-day month), until Tenant actually surrenders the Current Premises in accordance with the terms of the Amended Lease. Tenant agrees to surrender possession of the Current Premises to Landlord on or before the Surrender Date, broom clean and in good order, condition and repair, ordinary wear and tear excepted, and otherwise in compliance with the terms of Section 25 the Lease regarding surrender as if the Term had expired as to the Current Premises. Upon such surrender, all rights of Tenant to possession and occupancy of the Current Premises and Tenant’s obligations with respect to the Current Premises will terminate except as to Tenant’s surviving obligations under the Lease, and all of Tenant’s rights and obligations under the Amended Lease shall relate solely to the New Premises. Tenant shall be responsible for all costs and expenses related to its relocation from the Current Premises to the New Premises, including, without limitation, all moving costs and costs to install telephone and data cabling in the New Premises. Tenant shall have no restoration obligation(s) regarding the Current Premises.

Appears in 1 contract

Samples: Lease (Adamas Pharmaceuticals Inc)

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Current Premises. Tenant shall have the right to continue to occupy surrender the Current Premises to Landlord in accordance with the terms and conditions of the Lease until condition required pursuant to this Section 2 no later than 12:00 midnight 11:59 p.m. on the date which is five fourteen (514) days after following the New Premises Commencement Date (as defined in Section 3 below) (the “Surrender Date”); provided, however, if . If Tenant surrenders the Current Premises by the Surrender Date, TenantXxxxxx’s obligation to pay Rent and other charges for the Current Premises shall cease as of the New Premises Commencement Date, otherwise Tenant shall continue to pay Rent for the Current Premises accruing after the New Premises Commencement Date (as defined in Section 3 below) shall cease, otherwise, if Tenant fails to surrender the Current Premises by the Surrender Date, Tenant shall be obligated to pay (a) the then current rent for the Current Premises for each day during the initial two (2) weeks of such holdover after the Surrender Date that Tenant continues to occupy the Current Premises (with any such rent prorated on the basis of a 30-day month); and (b) thereafter Tenant shall pay holdover rent for the Current Premises pursuant to Section 22 of the Lease for each day that Tenant continues to occupy the Current Premises (with any such rent prorated on the basis of a 30-day month), until Tenant actually surrenders the Current Premises in accordance with the terms of the Amended Lease. Tenant Xxxxxx agrees to surrender possession of the Current Premises to Landlord on or before the Surrender Date, broom clean and in good order, condition and repair, ordinary wear and tear excepted, and otherwise in compliance with the terms of Section 25 the Amended Lease regarding surrender as if the Term Lease had expired as to the Current Premises. Upon such surrender, all rights of Tenant to possession and occupancy of the Current Premises and Tenant’s obligations with respect to the Current Premises will terminate except as to Tenant’s surviving obligations under the Amended Lease, and all of Tenant’s rights and obligations under the Amended Lease shall relate solely to the New Premises. ; provided, however, if Tenant fails to surrender the Current Premises on or before the Surrender Date, Tenant shall be responsible for all costs and expenses related to its relocation from deemed in holdover of the Current Premises subject to the holdover provisions in the Lease, and such holding over shall not operate to release Tenant from its obligations with respect to the New Premises, including, without limitation, all moving costs and costs to install telephone and data cabling in the New Premises. Tenant shall have no restoration obligation(s) regarding the Current Premises.

Appears in 1 contract

Samples: Office Lease (XOMA Corp)

Current Premises. Tenant shall have the right to continue to occupy the Current Premises in accordance with the terms and conditions of the Lease until no later than 12:00 midnight on the date which is five (5) business days after the New Premises Commencement Date (as defined in Section 3 below) (the “Surrender Date”); provided, however, if Tenant surrenders the Current Premises by the Surrender Date, Tenant’s obligation to pay Rent for the Current Premises accruing after the New Premises Commencement Date (as defined in Section 3 below) shall cease, otherwise, if Tenant fails to surrender the Current Premises by the Surrender Date, Tenant shall be obligated to pay (a) the then current rent for the Current Premises for each day during the initial two (2) weeks of such holdover after the Surrender Date that Tenant continues to occupy the Current Premises (with any such rent prorated on the basis of a 30-day month); and (b) thereafter Tenant shall pay holdover rent for the Current Premises pursuant to Section 22 of the Original Lease as amended, for each day that Tenant continues to occupy the Current Premises (with any such rent prorated on the basis of a 30-day month), until Tenant actually surrenders the Current Premises in accordance with the terms of the Amended Lease. Tenant agrees to surrender possession of the Current Premises to Landlord on or before the Surrender Date, broom clean and in good order, condition and repair, ordinary wear and tear excepted, and otherwise in compliance with the terms of Section 25 the Original Lease regarding surrender as if the Term had expired as to the Current PremisesCurrent. Upon such surrender, all rights of Tenant to possession and occupancy of the Current Premises and Tenant’s obligations with respect to the Current Premises will terminate except as to Tenant’s surviving obligations under the Lease, and all of Tenant’s rights and obligations under the Amended Lease shall relate solely to the New Premises. Tenant shall be responsible for all costs and expenses related to its relocation from the Current Premises to the New Premises, including, without limitation, all moving costs and costs to install telephone and data cabling in the New Premises. Notwithstanding the foregoing, Tenant shall have no restoration obligation(s) regarding obligation to remove from the Current PremisesPremises the furniture, fixtures, and equipment described on Exhibit C attached hereto (the “Current Premises Remaining “FF&E”), and Tenant hereby conveys and transfers to Landlord as if by quitclaim or xxxx of sale, all of Tenant’s right, title and interest in and to the Current Premises Remaining FF&E, and Landlord hereby accepts and takes possession of the Current Premises Remaining FF&E in its “As-Is” condition, without representation or warranty by Tenant.

Appears in 1 contract

Samples: Lease (Adamas Pharmaceuticals Inc)

Current Premises. Upon mutual execution of this Lease, both Landlord and Tenant shall have the right to continue to occupy acknowledge that Landlord has delivered possession of the Current Premises and that Tenant currently occupies the Current Premises. If in accordance the exercise of its Current Premises Construction Election Tenant elects to have Landlord construct the Tenant Improvements in the Current Premises, then concurrently with the terms and conditions exercise of its Current Premises Construction Election, Tenant will deliver to Landlord its plans, including proposed construction drawings, for construction of the Lease until no later than 12:00 midnight on Tenant Improvements in the Current Premises (“Tenant’s Current Premises Plans”), and in such Tenant’s Current Premises Plans will state its desired date which is five for completion of the Tenant Improvements in the Current Premises (5the “Desired Current Premises Completion Date”). Within fifteen (15) days after the New receipt of Tenant’s Current Premises Commencement Date Plans, Landlord will notify Tenant in writing of its estimated construction timeline with respect to Tenant’s Current Premises Plans (as defined in Section 3 below) (the Surrender DateLandlord’s Current Premises Construction Estimate”); provided, however, if . If Landlord’s Current Premises Construction Estimate indicates that Landlord will be unable to complete construction of the Tenant surrenders Improvements in the Current Premises by the Surrender Desired Current Premises Completion Date, then Tenant will have a second opportunity to exercise its Current Premises Construction Election and elect to manage construction of any Tenant Improvements within the Current Premises. Alternatively, the parties agree to mutually cooperate to revise the scope of the Tenant Improvements set out in Tenant’s obligation Current Premises Plans so as to pay Rent achieve the Desired Current Premises Completion Date. If Tenant elects to have Landlord construct the Tenant Improvements in the Current Premises, then the mutually-agreed upon date for substantial completion of the Tenant Improvements in the Current Premises, whether or not such date is prior to or after the Desired Current Premises Completion Date, shall be reflected in the final Landlord’s Current Premises Construction Estimate and is referred to herein as the “Estimated Current Premises Completion Date” and the actual date of substantial completion of the Tenant Improvements in the Current Premises accruing by Landlord, whether occurring prior to or after the New Estimated Current Premises Commencement Completion Date is referred to herein as the “Current Premises Completion Date.” If in the exercise of its Current Premises Construction Election Tenant elects that Landlord will manage the Tenant Improvements in the Current Premises, then Landlord shall complete the Tenant Improvements in the Current Premises upon and subject to the terms and conditions set forth in the Landlord-Managed Work Letter, and shall use commercially reasonable efforts to complete the Tenant Improvements in the Current Premises prior to the Estimated Current Premises Completion Date. If the Current Premises Completion Date has not occurred by the Estimated Current Premises Completion Date, subject to Force Majeure Delays and Tenant Delays (as defined in Section 3 the Landlord-Managed Construction Work Letter), then such failure shall not affect the Commencement Date hereunder, but Tenant shall be entitled to the additional remedies set forth below) . If, however, in the exercise of its Current Premises Construction Election Tenant elects to manage the Tenant Improvements in the Current Premises, then Tenant shall cease, otherwise, if construct such Tenant fails to surrender Improvements in the Current Premises by upon and subject to the Surrender Date, terms and conditions contained in the Tenant-Managed Work Letter and Tenant shall not be obligated entitled to pay (a) the then current rent for the Current Premises for each day during the initial two (2) weeks of such holdover after the Surrender Date that Tenant continues to occupy the Current Premises (with any such rent prorated on the basis of a 30-day month); and additional remedies set forth in subparagraph (b) thereafter Tenant below, but shall pay holdover rent for the Current Premises pursuant to Section 22 of the Lease for each day that Tenant continues to occupy the Current Premises (with any such rent prorated on the basis of a 30-day month), until Tenant actually surrenders the Current Premises in accordance with the terms of the Amended Lease. Tenant agrees to surrender possession of the Current Premises to Landlord on or before the Surrender Date, broom clean and in good order, condition and repair, ordinary wear and tear excepted, and otherwise in compliance with the terms of Section 25 the Lease regarding surrender as if the Term had expired as still be entitled to the Current Premises. Upon such surrender, all rights benefit of Tenant to possession and occupancy any other provisions of the Current Premises and Tenant’s obligations with respect to the Current Premises will terminate except as to Tenant’s surviving obligations under the this Lease, and all of Tenant’s rights and obligations under the Amended Lease shall relate solely to the New Premises. Tenant shall be responsible for all costs and expenses related to its relocation from the Current Premises to the New Premises, including, without limitation, all moving costs and costs to install telephone and data cabling in the New Premises. Tenant shall have no restoration obligation(s) regarding the Current Premises.

Appears in 1 contract

Samples: Tw Telecom Inc.

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Current Premises. Tenant shall have Subject to the right to continue to occupy terms hereof, effective as of the Current Premises in accordance with Expiration Date (defined below), the terms and conditions term of the Lease until no later than 12:00 midnight shall expire with respect to the Current Premises (and the Roof Space) and Concourse II with the same force and effect as if such term were, by the provisions of the Lease, fixed to expire with respect to the Current Premises (and the Roof Space) and Concourse II on the Current Premises Expiration Date. As used herein, “Current Premises Expiration Date” means the later to occur of (a) September 30, 2018 and (b) date which is five (5) occurring 15 days after the New Premises Commencement Date date the Tenant Improvement Work (as defined in Section 3 belowExhibit B hereto) is Substantially Complete (defined in Exhibit B hereto). The parties anticipate that the Tenant Improvement Work will be Substantially Completed on or about October 10, 2018 (the “Surrender Target Substitution Effective Date”); provided, however, if Tenant surrenders . Without limiting the foregoing: (a) the portion of the Base Rent schedule set forth in the Lease (as modified below) that applies to the Current Premises by during the Surrender Date, Tenant’s obligation to pay Rent for period following the Current Premises accruing after Expiration Date is hereby deleted from the New Premises Commencement Date Lease, (as defined in Section 3 belowb) Tenant shall cease, otherwise, if Tenant fails to surrender the Current Premises by (and the Surrender Date, Tenant shall be obligated Roof Space) to pay (a) the then current rent for the Current Premises for each day during the initial two (2) weeks of such holdover after the Surrender Date that Tenant continues to occupy the Current Premises (with any such rent prorated on the basis of a 30-day month); and (b) thereafter Tenant shall pay holdover rent for the Current Premises pursuant to Section 22 of the Lease for each day that Tenant continues to occupy the Current Premises (with any such rent prorated on the basis of a 30-day month), until Tenant actually surrenders the Current Premises Landlord in accordance with the terms of the Amended Lease. Tenant agrees to surrender possession of the Current Premises to Landlord Lease on or before the Surrender Current Premises Expiration Date, broom clean (c) Tenant shall remain liable for all Rent and in good order, condition and repair, ordinary wear and tear excepted, and otherwise in compliance with other amounts payable under the Lease (as modified pursuant to the terms of Section 25 the Lease regarding surrender as if the Term had expired as hereof) with respect to the Current Premises. Upon such surrender, all rights of Tenant Premises (and the Roof Space) for the period up to possession and occupancy of including the Current Premises and Expiration Date, even though xxxxxxxx for such amounts may occur after the Current Premises Expiration Date (provided, however, that such Rent for any partial calendar month shall be prorated based on the actual number of days in such month), (d) Tenant’s restoration obligations with respect to the Current Premises will terminate except (and the Roof Space) shall be as to Tenant’s surviving obligations under set forth in the Lease, and all (e) if Tenant fails to surrender any portion of the Current Premises (and/or the Roof Space) on or before the Current Premises Expiration Date, Tenant’s tenancy with respect thereto shall be subject to Section 22 of the Lease and (f) any other rights or obligations of Landlord or Tenant under the Lease relating to the Current Premises (and the Roof Space) that, in the absence of the Substitution, would have survived the expiration date of the Lease shall survive the Current Premises Expiration Date. During the period beginning on the Substitution Effective Date and ending on the Current Premises Expiration Date, all provisions of the Lease shall continue to apply to the Current Premises and Concourse II as if the Current Premises were still part of the Premises (together with the Substitution Space); provided, however, that during such period Tenant shall not be required to pay (with respect to the Current Premises) monthly Base Rent or Tenant’s Pro Rata Share of Expenses and Taxes (except only for purposes of determining Tenant’s obligations under Section 1.2(e) above). At any time after the Amended Lease shall relate solely Current Premises Expiration Date, Landlord may deliver to Tenant a notice substantially in the New Premisesform of Exhibit C attached hereto, as a confirmation of the information set forth therein. Tenant shall be responsible for all costs execute and expenses related return (or, by written notice to its relocation from the Current Premises to the New PremisesLandlord, including, without limitation, all moving costs and costs to install telephone and data cabling in the New Premises. Tenant shall have no restoration obligation(sreasonably object to) regarding the Current Premises.such notice within five (5) business days after receiving it

Appears in 1 contract

Samples: Second Amendment (Pixelworks, Inc)

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