Delivery of Expansion Premises. Landlord shall, at Landlord’s sole cost and expense, perform the Delivery Condition Work in accordance with Exhibit “B” attached hereto, using new or like-new materials that meet the Building standard for materials, finishes and quantities, on or before the Expansion Premises Commencement Date. Except for the Delivery Condition Work, Landlord shall deliver the Expansion Premises to Tenant on the Expansion Premises Commencement Date in its then “AS-IS,” “WHERE-IS” condition, without any additional obligation on the part of Landlord to perform any construction therein or to prepare the same for Tenant’s occupancy or otherwise; provided however, notwithstanding the foregoing, the Expansion Premises shall be delivered to Tenant in “broom clean” condition, free of all tenants and other occupants and free of all personal property and equipment, except for such existing furniture of PA Consulting (as defined below) as Tenant has agreed to acquire from PA Consulting pursuant to a separate agreement between Tenant and PA Consulting (the “Existing Furniture”), provided that Tenant has delivered written notice to Landlord identifying such Existing Furniture at least thirty (30) days prior to the Expansion Premises Commencement Date. The Delivery Condition Work includes removing the demising wall between the Existing Premises and the Expansion Premises, and may include certain other work that impacts the Existing Premises. Landlord shall have reasonable access to the Existing Premises for the purposes of planning and performing the Delivery Condition Work. If necessary, Tenant shall be responsible for (a) moving all personal property and for any other preparatory work as is necessary to permit Landlord to perform and complete the Delivery Condition Work in a timely fashion, and (b) ensuring that Tenant’s employees are not in any area affected by such Delivery Condition Work while the same is being conducted. Tenant hereby acknowledges and agrees that Landlord’s performance of the Delivery Condition Work shall not constitute a constructive eviction of Tenant under the Lease.
Appears in 1 contract
Delivery of Expansion Premises. On the date that is the later of: (i) November 1, 1997 or (ii) the date that Landlord shall, at Landlord’s sole cost and expense, perform the Delivery Condition Work in accordance with Exhibit “B” attached hereto, using new or like-new materials that meet the Building standard for materials, finishes and quantities, on or before the Expansion Premises Commencement Date. Except for the Delivery Condition Work, Landlord shall deliver delivers possession of the Expansion Premises to Tenant on (the "Expansion Premises Commencement Date in its then “AS-IS,” “WHERE-IS” condition, without any additional obligation on the part of Landlord to perform any construction therein or to prepare the same for Tenant’s occupancy or otherwise; provided however, notwithstanding the foregoingEffective Date"), the Expansion Premises shall be delivered included in the Premises for all purposes of the Amended Lease, Landlord shall have no liability to Tenant in “broom clean” conditionshould Landlord fail to cause the Expansion Premises Effective Date to occur by November 1, free of all tenants and other occupants and free of all personal property and equipment1997, except for such existing furniture of PA Consulting (as defined below) as Tenant has agreed to acquire from PA Consulting pursuant to a separate agreement between Tenant and PA Consulting (the “Existing Furniture”), provided that Tenant has delivered written notice shall be entitled to Landlord identifying such Existing Furniture at least thirty liquidated damages equal to one (301) days prior day of free rent with respect to the Expansion Premises Commencement Datefor each day later than November 1. The Delivery Condition Work includes removing the demising wall between the Existing Premises and 1997 the Expansion PremisesPremises Effective Date occurs, and may include certain other work that impacts unless such delay is due to Tenant's negligence or wrongful conduct. 2 3. Surrender of the Existing PremisesFifth Floor Space. Landlord shall have reasonable access to On the Existing Premises for last day of the purposes of planning and performing Build-out Period defined in Section 7(d) below (the Delivery Condition Work. If necessary"Fifth Floor Surrender Date"), Tenant shall surrender the Fifth Floor Space in the condition required by Section 6.1.2 of the Original Lease, upon such terms and conditions as if such date were the last day of the Term, whereupon the Fifth Floor Space shall be responsible deleted from the Premises for (a) moving all personal property purposes of the Amended Lease. Notwithstanding anything to the contrary set forth in paragraphs 7, 8, 9 and for any other preparatory work 10 of this Second Amendment, all rental and additional rental amounts payable under the First Amendment to Lease, allocable to the Fifth Floor Space, shall accrue and be due and payable as is necessary to permit Landlord to perform and complete contemplated therein during the Delivery Condition Work period from the Expansion Premises Effective Date until the Fifth Floor Surrender Date. Any holding over in a timely fashionthe Fifth Floor Space after the Fifth Floor Surrender Date shall constitute an Event of Default under the Amended Lease, and (b) ensuring that Tenant’s employees are not in any area affected by such Delivery Condition Work while the same is being conducted. Tenant hereby acknowledges and agrees that Landlord’s performance terms of Section 10.4 of the Delivery Condition Work Original Lease shall not constitute a constructive eviction of Tenant under apply to any such holding over in the LeaseFifth Floor Space.
Appears in 1 contract
Samples: Sapient Corp
Delivery of Expansion Premises. Landlord shall, at Landlord’s sole cost and expense, perform the Delivery Condition Work in accordance with Exhibit “B” attached hereto, using new or like-new materials that meet the Building standard for materials, finishes and quantities, on or before the Expansion Premises Commencement Date. Except for the Delivery Condition Work, Landlord shall deliver will endeavor to tender possession of the Expansion Premises to Tenant with the Expansion Improvements Substantially Complete on or before the Estimated Expansion Commencement Date; provided, that if the date on which Landlord actually tenders possession of the Expansion Premises to Tenant in such condition does not occur on or before the Estimated Expansion Commencement Date in its then “AS-IS,” “WHERE-IS” conditionDate, without this Amendment shall not be void or voidable, the Expansion Term shall not be extended, and Landlord shall not be liable to Tenant for any additional obligation on the part of Landlord to perform any construction therein loss or to prepare the same for Tenant’s occupancy or otherwisedamage resulting therefrom; provided however, notwithstanding further that Landlord shall use commercially reasonable efforts to tender to Tenant delivery of possession of the Expansion Premises in such condition as soon as reasonably possible after the Estimated Expansion Commencement Date. Notwithstanding the foregoing, Tenant’s obligation to pay Basic Rent, Operating Expenses and Real Property Taxes shall not begin until the actual Expansion Commencement Date. If Landlord is unable to deliver possession of the Expansion Premises shall be delivered to Tenant in “broom clean” condition, free of all tenants and other occupants and free of all personal property and equipment, except for such existing furniture of PA Consulting (as defined below) as Tenant has agreed to acquire from PA Consulting pursuant to a separate agreement between Tenant and PA Consulting (with the “Existing Furniture”), provided that Tenant has delivered written notice to Landlord identifying such Existing Furniture at least Expansion Improvements Substantially Complete on or before the date which is thirty (30) days prior after the Estimated Expansion Commencement Date (“Outside Expansion Delivery Date”), which Outside Expansion Delivery Date shall be extended on a day-for-day basis for any delay caused by an event of Force Majeure, a Tenant Delay (as that term is defined in the Expansion Work Letter) or similar matters beyond the reasonable control of Landlord, Tenant shall be entitled to receive an abatement of the Basic Rent attributable to the Expansion Premises Commencement Date. The Delivery Condition Work includes removing the demising wall on a day-for-day basis for each day between the Existing Outside Expansion Delivery Date and the actual date on which possession of the Expansion Premises is delivered to Tenant with the Expansion Improvements Substantially Complete (“Actual Expansion Delivery Date”), to be applied as a credit toward the Basic Rent next due and payable for the Expansion Premises (for example, if the Outside Expansion Delivery Date is April 15, 2021, and the Actual Expansion Delivery Date is April 20, 2021, then Tenant shall receive a credit toward Basic Rent in an amount equal to four (4) days of the Basic Rent attributable to the Expansion Premises, ). The remedy set forth in this Section 2 shall be Tenant’s sole and may include certain other work that impacts the Existing Premises. Landlord shall have reasonable access to the Existing Premises exclusive remedy at law or equity for the purposes of planning and performing the Delivery Condition Work. If necessary, Tenant shall be responsible for (a) moving all personal property and for any other preparatory work as is necessary to permit Landlord to perform and complete the Delivery Condition Work in a timely fashion, and (b) ensuring that Tenant’s employees are not in any area affected by such Delivery Condition Work while the same is being conducted. Tenant hereby acknowledges and agrees that Landlord’s performance of the Delivery Condition Work shall not constitute a constructive eviction of Tenant under the Leasematters described herein.
Appears in 1 contract
Samples: Lease Agreement (Maravai Lifesciences Holdings, Inc.)
Delivery of Expansion Premises. Landlord shallshall use reasonable efforts to deliver (“Deliver” or “Delivering”) the Expansion Premises to Tenant on or before the date that is [***] months after the Effective Date, at with the lease of the Expansion Premises commencing on the earlier to occur of the following (“Expansion Premises Commencement Date”): (a) the date that is [***] months after the Effective Date, provided that Landlord has Delivered the Expansion Premises by such date, and (b) Tenant’s beneficial occupancy of the Expansion Premises. Landlord shall Substantially Complete (as defined below) Landlord’s sole cost and expense, perform the Delivery Condition Expansion Premises Work in accordance with Exhibit “B” attached hereto, using new or like-new materials that meet the Building standard for materials, finishes and quantities, on or (as defined below) before the Expansion Premises Commencement Date. Except for the Delivery Condition Work, If Landlord shall deliver the is delayed in Substantially Completing Landlord’s Expansion Premises to Tenant on Work before the Expansion Premises Commencement Date because of a Force Majeure Delay, the Base Term (as extended by the First Extension Term as provided below) and the Expansion Premises Commencement Date shall each be extended one day for each day until such Force Majeure Delay no longer exists. Landlord and Tenant shall execute and deliver a written acknowledgement of the Expansion Premises Commencement Date when it is established in its then the form attached hereto as Exhibit B (“AS-IS,” “WHERE-IS” condition, without any additional obligation on Expansion Premises Commencement Date Acknowledgement”). Any extension of the part of Landlord to perform any construction therein or to prepare Base Term and the same for Expansion Premises Commencement Date as provided above shall be reflected in the Expansion Premises Commencement Date Acknowledgement. Tenant’s occupancy failure to execute and deliver the Expansion Premises Commencement Date Acknowledgement shall not affect Landlord’s rights under this First Amendment. If Landlord fails to Deliver timely the Expansion Premises, Landlord shall not be liable to Tenant for any loss or otherwise; provided howeverdamage resulting therefrom, notwithstanding and this First Amendment and the foregoing, Lease with respect to the Expansion Premises shall not be delivered to Tenant in “broom clean” condition, free of all tenants and other occupants and free of all personal property and equipment, except for such existing furniture of PA Consulting (as defined below) as Tenant has agreed to acquire from PA Consulting pursuant to a separate agreement between Tenant and PA Consulting (the “Existing Furniture”), provided that Tenant has delivered written notice to Landlord identifying such Existing Furniture at least thirty (30) days prior to the Expansion Premises Commencement Date. The Delivery Condition Work includes removing the demising wall between the Existing Premises and the Expansion Premises, and may include certain other work that impacts the Existing Premises. Landlord shall have reasonable access to the Existing Premises for the purposes of planning and performing the Delivery Condition Work. If necessary, Tenant shall be responsible for (a) moving all personal property and for any other preparatory work as is necessary to permit Landlord to perform and complete the Delivery Condition Work in a timely fashion, and (b) ensuring that Tenant’s employees are not in any area affected by such Delivery Condition Work while the same is being conducted. Tenant hereby acknowledges and agrees that Landlord’s performance of the Delivery Condition Work shall not constitute a constructive eviction of Tenant under the Leasevoid or voidable.
Appears in 1 contract
Delivery of Expansion Premises. Landlord shall, at Landlord’s sole cost and expense, perform the Delivery Condition Work in accordance with Exhibit “B” attached hereto, using new or like-new materials confirms that meet the Building standard for materials, finishes and quantities, on or before the Expansion Premises Commencement are presently leased to Allied Security pursuant to a Lease terminating on March 31, 2007 and such lease does not contain any further right of renewal. Landlord will act to enforce all of Landlord’s rights to obtain possession of the Expansion Premises as soon as practicable. As described in Section 1 herein, the date of delivery of the Expansion Premises shall be referred to as the “”Expansion Premises Delivery Date”. Except for the Delivery Condition Work, Landlord shall deliver the Expansion Premises to Tenant on the Expansion Premises Commencement Date in its then “ASbroom clean condition and otherwise as-IS,” “WHERE-IS” conditionis; provided, without however, (1) Landlord shall complete any additional obligation on the Landlord Work items described in Exhibit C and (2) Landlord shall remain liable for any building code violations that are discovered as part of Landlord to perform any construction therein or to prepare the same for Tenant’s occupancy Work but which ARE NOT created or otherwise; provided however, notwithstanding cured by Tenant or Tenant’s Work as described in Tenant’s approved Tenant Work Plans as required by the foregoing, the Expansion Premises shall be delivered to Tenant in “broom clean” condition, free of all tenants and other occupants and free of all personal property and equipment, except for such existing furniture of PA Consulting (as defined below) as Tenant has agreed to acquire from PA Consulting pursuant to a separate agreement between Tenant and PA Consulting (the “Existing Furniture”), provided that Tenant has delivered written notice to Landlord identifying such Existing Furniture at least thirty (30) days prior to the Expansion Premises Commencement DateWork Letter attached hereto. The Delivery Condition Work includes removing the demising wall between the Existing Premises and the Expansion Premises, and may include certain other work that impacts the Existing Premises. Landlord shall have reasonable access to the Existing Premises for the purposes of planning and performing the Delivery Condition Work. If necessary, Tenant shall be responsible for (a) moving all personal property remedying Premises building code violations caused by Tenant’s use or Tenant’s Work, or which such violations would otherwise be remedied by completion of Tenant’s Work as described in Tenant’s Work plans. In the event Landlord is unable to deliver lawful possession of the Expansion Premises by April 30, 2007, then Tenant shall be entitled to a rent credit at the rate of $5200 per month for May and June, 2007 and $10,400 per month for any other preparatory work as is necessary to permit Landlord to perform and complete the Delivery Condition Work in a timely fashionJuly, August, and (b) ensuring that September, 2007, prorated between April 30, 2007 and the date the Expansion Premises are delivered to Tenant. In the event Landlord is unable to deliver lawful possession of the Expansion Premises to Tenant by September 30, 2007, Tenant has the right thereafter to terminate the Lease upon delivery of written notice. After delivery of Tenant’s employees are not in any area affected by such Delivery Condition Work while termination notice, Tenant shall have up to six (6) months to vacate the same is being conducted. Tenant hereby acknowledges and agrees that Landlord’s performance Premises, during which time all of the Delivery Condition Work monthly Base Rent, Additional Rent, and expense reimbursement provisions for the Initial Premises (13,543 RSF) shall apply, except Tenant shall be entitled to a credit , not constitute a constructive eviction to exceed the monthly Base Rent, for the actual and reasonable costs of providing necessary auxiliary space for its operations during the up to six month period during which Tenant under is vacating the LeasePremises.
Appears in 1 contract
Samples: Letter Agreement (Blue Nile Inc)
Delivery of Expansion Premises. Landlord shall, at Landlord’s sole cost and expense, perform the Delivery Condition Work in accordance with Exhibit “B” attached hereto, using new or like-new materials that meet the Building standard for materials, finishes and quantities, on or before the Expansion Premises Commencement Date. Except for the Delivery Condition Work, Landlord shall use reasonable efforts to deliver the Expansion Premises to Tenant so that Tenant can occupy the Expansion Premises for the Permitted Use (“Delivery” or “Deliver”) with (x) all base Building mechanical, electrical and plumbing systems serving the Expansion Premises in good operating condition and repair, and (y) free and clear of all tenants and occupants, on or before the Target Expansion Premises Commencement Date with Landlord’s Work in its then the Expansion Premises Substantially Completed, subject to Tenant Delays and Force Majeure delays. If Landlord fails to timely Deliver the Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and the Lease and this First Amendment shall not be void or voidable. Notwithstanding anything to the contrary contained herein, if Landlord fails to Deliver the Expansion Premises to Tenant (i) on or before September 1, 2019 (as such date may be extended for Tenant Delays and Force Majeure delays) (“AS-IS,” “WHERE-IS” conditionInitial Expansion Abatement Date”), without any additional obligation on the part of Landlord Base Rent payable with respect to perform any construction therein or to prepare the same for Tenant’s occupancy or otherwise; provided however, notwithstanding the foregoing, the Expansion Premises shall be delivered to Tenant in “broom clean” condition, free of all tenants and other occupants and free of all personal property and equipment, except abated 1 day for such existing furniture of PA Consulting each day after the Initial Expansion Abatement Date (as defined belowsuch date may be extended for Tenant Delays and Force Majeure delays) that Landlord fails to Deliver the Expansion Premises to Tenant, and (ii) on or before October 1, 2019 (as such date may be extended for Tenant has agreed to acquire from PA Consulting pursuant to a separate agreement between Tenant Delays and PA Consulting Force Majeure delays) (the “Existing FurnitureSecond Expansion Abatement Date”), provided that Tenant has delivered written notice to Landlord identifying such Existing Furniture at least thirty (30) days prior Base Rent payable with respect to the Expansion Premises Commencement Date. The Delivery Condition Work includes removing the demising wall between the Existing Premises and the Expansion Premises, and may include certain other work that impacts the Existing Premises. Landlord shall have reasonable access to the Existing Premises for the purposes of planning and performing the Delivery Condition Work. If necessary, Tenant shall be responsible abated 2 days for each day after the Second Expansion Abatement Date (a) moving all personal property as such date may be extended for Tenant Delays and for any other preparatory work as is necessary to permit Landlord to perform and complete the Delivery Condition Work in a timely fashion, and (b) ensuring that Tenant’s employees are not in any area affected by such Delivery Condition Work while the same is being conducted. Tenant hereby acknowledges and agrees that Landlord’s performance of the Delivery Condition Work shall not constitute a constructive eviction of Tenant under the Lease.Force
Appears in 1 contract
Samples: Lease (Rubius Therapeutics, Inc.)
Delivery of Expansion Premises. Landlord shall, at Landlord’s sole cost and expense, perform the Delivery Condition Work in accordance with Exhibit “B” attached hereto, using new or like-new materials that meet the Building standard for materials, finishes and quantities, on or before the Expansion Premises Commencement Date. Except for the Delivery Condition Work, Landlord shall use reasonable efforts to deliver the Expansion Premises to Tenant so that Tenant can occupy the Expansion Premises for the Permitted Use (“Delivery” or “Deliver”) with (x) all base Building mechanical, electrical and plumbing systems serving the Expansion Premises in good operating condition and repair, and (y) free and clear of all tenants and occupants, on or before the Target Expansion Premises Commencement Date with Landlord’s Work in its then the Expansion Premises Substantially Completed, subject to Tenant Delays and Force Majeure delays. If Landlord fails to timely Deliver the Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and the Lease and this First Amendment shall not be void or voidable. Notwithstanding anything to the contrary contained herein, if Landlord fails to Deliver the Expansion Premises to Tenant (i) on or before September 1, 2019 (as such date may be extended for Tenant Delays and Force Majeure delays) (“AS-IS,” “WHERE-IS” conditionInitial Expansion Abatement Date”), without any additional obligation on the part of Landlord Base Rent payable with respect to perform any construction therein or to prepare the same for Tenant’s occupancy or otherwise; provided however, notwithstanding the foregoing, the Expansion Premises shall be delivered to Tenant in “broom clean” condition, free of all tenants and other occupants and free of all personal property and equipment, except abated 1 day for such existing furniture of PA Consulting each day after the Initial Expansion Abatement Date (as defined belowsuch date may be extended for Tenant Delays and Force Majeure delays) that Landlord fails to Deliver the Expansion Premises to Tenant, and (ii) on or before October 1, 2019 (as such date may be extended for Tenant has agreed to acquire from PA Consulting pursuant to a separate agreement between Tenant Delays and PA Consulting Force Majeure delays) (the “Existing FurnitureSecond Expansion Abatement Date”), provided that Tenant has delivered written notice to Landlord identifying such Existing Furniture at least thirty (30) days prior Base Rent payable with respect to the Expansion Premises Commencement Date. The Delivery Condition Work includes removing the demising wall between the Existing Premises and the Expansion Premises, and may include certain other work that impacts the Existing Premises. Landlord shall have reasonable access to the Existing Premises for the purposes of planning and performing the Delivery Condition Work. If necessary, Tenant shall be responsible abated 2 days for each day after the Second Expansion Abatement Date (a) moving all personal property as such date may be extended for Tenant Delays and for any other preparatory work as is necessary to permit Landlord to perform Force ***Confidential Treatment Requested*** ***Text Omitted and complete Filed Separately with the Delivery Condition Work in a timely fashion, Securities and (b) ensuring that Tenant’s employees are not in any area affected by such Delivery Condition Work while the same is being conductedExchange Commission. Tenant hereby acknowledges and agrees that Landlord’s performance of the Delivery Condition Work shall not constitute a constructive eviction of Tenant under the Lease.Confidential Treatment Requested Under 17 C.F.R. §200.80(b)(4)
Appears in 1 contract
Samples: Lease (Rubius Therapeutics, Inc.)
Delivery of Expansion Premises. Landlord shall, at Landlord’s sole cost and expense, perform the Delivery Condition Work in accordance with Exhibit “B” attached hereto, using new or like-new materials that meet the Building standard for materials, finishes and quantities, on or before the Expansion Premises Commencement Date. Except for the Delivery Condition Work, Landlord shall use reasonable efforts to deliver the Expansion Premises to Tenant on or before the Target Expansion Premises Commencement Date. If Landlord fails to timely deliver the Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and the Lease with respect to the Expansion Premises shall not be void or voidable. Notwithstanding the foregoing, if Landlord does not deliver the Expansion Premises to Tenant within 180 days following the Target Expansion Premises Commencement Date for any reason other than Force Majeure delays, Tenant shall have the right to terminate its leasehold obligations with respect to the Expansion Premises only, by written notice to Landlord (the “Delay Notice”). Landlord shall have 30 days after Xxxxxxxx’s receipt of the Delay Notice to deliver the Expansion Premises to Tenant, and in its the event that Landlord is still unable to deliver the Expansion Premises to Tenant within such time, then “AS-IS,” “WHERE-IS” conditionupon the 31st day after Xxxxxxxx’s receipt of the Delay Notice, without this Lease, with respect to the Expansion Premises only, shall be deemed terminated and of no further force or effect, and Landlord and Tenant shall thereafter be relieved of any additional obligation on further obligations to one another under this Lease with respect to the part Expansion Premises. If Tenant does not deliver the Delay Notice within 5 business days of Landlord the lapse of such 180 day period, such right to perform any construction therein or terminate this Lease with respect to prepare the same for Tenant’s occupancy or otherwise; provided however, notwithstanding the foregoing, the Expansion Premises shall be delivered to Tenant waived and this Lease shall remain in “broom clean” condition, free of all tenants full force and other occupants and free of all personal property and equipment, except for such existing furniture of PA Consulting (as defined below) as Tenant has agreed to acquire from PA Consulting pursuant to a separate agreement between Tenant and PA Consulting (the “Existing Furniture”), provided that Tenant has delivered written notice to Landlord identifying such Existing Furniture at least thirty (30) days prior effect with respect to the Expansion Premises Commencement Date. The Delivery Condition Work includes removing the demising wall between the Existing Premises and the Expansion Premises, and may include certain other work that impacts the Existing Premises. Landlord shall have reasonable access to the Existing Premises for the purposes of planning and performing the Delivery Condition Work. If necessary, Tenant shall be responsible for (a) moving all personal property and for any other preparatory work as is necessary to permit Landlord to perform and complete the Delivery Condition Work in a timely fashion, and (b) ensuring that Tenant’s employees are not in any area affected by such Delivery Condition Work while the same is being conducted. Tenant hereby acknowledges and agrees that Landlord’s performance of the Delivery Condition Work shall not constitute a constructive eviction of Tenant under the Lease.
Appears in 1 contract
Samples: Lease (Contineum Therapeutics, Inc.)
