Effectiveness of this Lease. Notwithstanding the full execution and delivery of this Lease by and between Landlord and Tenant, the effectiveness of this Lease and Tenant’s lease of the Premises is expressly conditioned upon an affiliate of Landlord, HCP Xxxxxx Xxxxx, LLC (“Landlord Affiliate”), and Tenant entering into a termination agreement which terminates Tenant’s lease of those certain premises located on the first (1st) and second (2nd) floors of that certain building located at 00000 Xxxxx Xxxxxx Xxxxx Road, La Jolla, California containing approximately 13,403 rentable square feet of space and commonly known as Suites 135, 270, 280 and 285 on or before the date that occurs ten (10) days after the date set forth in Section 1 of the Summary, on the terms and conditions acceptable to Landlord Affiliate and Tenant (as determined in each of their sole discretion) (collectively, the “Conditions”). In the event that any of the Conditions do not timely occur pursuant to the immediately preceding sentence, this Lease shall terminate and shall be null and void and without further force or effect. Landlord shall have no liability whatsoever to Tenant relating to or arising from Landlord’s inability or failure to enter into the Termination Agreement.
Effectiveness of this Lease. This instrument shall be effective as a lease only after one or more copies of it have been executed and delivered by each party to the other party; and prior to such execution and delivery by both parties, the delivery of copies of it to Tenant for Tenant's examination and execution shall not be deemed or construed to constitute a reservation, right, option or agreement to make a lease by either party. After such execution and delivery by both parties, this Lease shall be effective as of the date first written above, regardless of the date of execution or delivery by either party.
Effectiveness of this Lease. Notwithstanding anything to the contrary contained in this Lease, this Lease shall not be effective until Landlord enters into a lease termination agreement with the existing Tenant of the Premises, Boston Scientific Corporation, a Delaware corporation (the "Existing Tenant"), in a form acceptable to Landlord in its sole and absolute discretion. Landlord hereby covenants that Landlord has entered into a lease termination agreement with the Existing Tenant that terminates the Existing Tenant’s lease on or before July 1, 2022 and Landlord has no actual knowledge of the Existing Tenant's intention to holdover beyond such early termination date (as applicable, the "the Existing Lease Expiration Date"; (ii) Landlord will not voluntarily agree to extend the term of the Existing Lease beyond the Existing Lease Expiration Date; and (iii) Landlord shall immediately provide Tenant written notice if Existing Tenant holds over.
Effectiveness of this Lease. This Lease shall become effective on the date on which all of the following conditions precedent shall have been satisfied or waived by the applicable parties (the "CLOSING DATE"):
