Common use of Expansion of Premises Clause in Contracts

Expansion of Premises. (a) Effective as of the Expansion Date the Premises (and the definition of the “Premises”) shall be modified to mean and include both the Initial Premises and the Expansion Premises. As a result of such expansion, effective upon the Expansion Date, the deemed square footage of the Premises shall be and become 31,684 square feet and Tenant’s Prorata Share and Tenant’s Share of Expenses and Real Estate Taxes shall be one hundred percent (100.00%). (b) If Landlord, for any reason whatsoever, cannot deliver possession of the Expansion Premises to Tenant on before August 1, 2012 for the purpose specified in Section 3(c), this Amendment shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises until the day following the date on which possession of the Expansion Premises is delivered to Tenant (such date thereupon becoming the “Expansion Date” for purposes of this Amendment). Notwithstanding the foregoing, if Landlord is unable to deliver the Expansion Premises by August 1, 2012 (as extended day-for-day for each day of Force Majeure Delay) (the “Expansion Premises Outside Delivery Date”), then Tenant shall have the right, as its sole remedy, to terminate this Amendment to Lease by providing written notice to Landlord within fifteen (15) business days following the Expansion Premises Outside Delivery Date, in which event the Lease shall continue in full force and effect as if the parties had not entered into this Amendment and Landlord shall promptly return to Tenant the August, 2012 Base Rent for the Expansion Premises paid by Tenant pursuant to the provisions of Section 6(d). For purposes hereof, the failure of the existing tenant of the Expansion Premises to vacate the Expansion Premises shall not be an event of Force Majeure Delay. (c) Notwithstanding the above, Tenant shall be entitled to early occupancy of the Expansion Premises at any time after the Expansion Premises Delivery Date for the sole purposes of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), provided that (i) Tenant covenants and agrees that Tenant and Tenant’s employees, agents or contractors will cooperate with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors in the performance of the Landlord’s Expansion Work, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section shall be subject to all of the terms and conditions of the Lease, provided that (x) the Premises shall not include the Expansion Premises until the Expansion Date, and (y) Tenant shall not be obligated to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Date. (d) Within five (5) business days after the Expansion Date, the parties shall execute a letter confirming the Expansion Date and certifying that Tenant has accepted delivery of the Premises, in form substantially similar to EXHIBIT “D” attached to the Lease (the “Expansion Date Memorandum”). Either party’s failure to request execution of, or to execute, the Expansion Date Memorandum shall not in any way alter the Expansion Date.

Appears in 2 contracts

Sources: Lease Agreement (Upwork Inc.), Lease Agreement (Upwork Inc.)

Expansion of Premises. 2.1 Effective as of (a) Effective as June 1, 2004 (with respect to the 6,343 rentable square feet of the Expansion Date the Premises (and the definition of the “Premises”) shall be modified to mean and include both the Initial Premises and the Expansion Premises. As a result of such expansionEighth Floor Space depicted on EXHIBIT A-3 attached hereto), effective upon the Expansion Date, the deemed square footage of the Premises shall be and become 31,684 square feet and Tenant’s Prorata Share and Tenant’s Share of Expenses and Real Estate Taxes shall be one hundred percent (100.00%). (b) If July 15, 2004 (with respect to the balance of the Eighth Floor Space consisting of 9,058 rentable square feet), and (c) the date Landlord delivers to Tenant possession of the Ninth Floor Space in the condition required by this Amendment (each date, as applicable, being referred to herein as an “EXPANSION SPACE COMMENCEMENT DATE”, and as applicable to the Ninth Floor Space, the “COMPLETE DELIVERY DATE”), Landlord hereby demises and leases unto Tenant, and Tenant hereby leases and takes the applicable Expansion Space from Landlord, for any reason whatsoeverthe Term, cannot at the rent and upon the terms and conditions hereinafter set forth. Landlord shall endeavor to deliver possession of the Expansion Premises to Tenant on before August 1Ninth Floor Space promptly after the Effective Date of this Amendment, 2012 for the purpose specified in Section 3(c), this Amendment shall not be void or voidable, however Landlord shall not be liable to Tenant for any loss loss, liability, cost, damage or damage expense of any kind or type (including without limitation attorneys’ fees) resulting therefrom, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises until the day following the date on which from Landlord’s delay in delivering possession of the Ninth Floor Space by any date certain by reason of any holding over or wrongful retention of possession by any current or previous tenants or occupants of the same or of other space within the Building, or due to any other cause beyond the reasonable control of Landlord, nor shall such delay impair the validity of the Lease or this Amendment. 2.2 From and after the applicable Expansion Premises is Space Commencement Date through the expiration of the Lease or the earlier termination thereof: (i) the term “Premises” wherever it appears in the Lease, shall include the applicable Expansion Space then delivered to Tenant (and such date thereupon becoming the “Expansion Date” for purposes of this Amendment). Notwithstanding the foregoing, if Landlord is unable to deliver the Expansion Premises by August 1, 2012 (as extended day-for-day for each day of Force Majeure Delay) (the “Expansion Premises Outside Delivery Date”), then Tenant shall have the right, as its sole remedy, to terminate this Amendment to Lease by providing written notice to Landlord within fifteen (15) business days following the Expansion Premises Outside Delivery Date, in which event the Lease shall continue in full force and effect as if the parties had not entered into this Amendment and Landlord shall promptly return to Tenant the August, 2012 Base Rent for the Expansion Premises paid by Tenant pursuant to the provisions of Section 6(d). For purposes hereof, the failure of the existing tenant of the Expansion Premises to vacate the Expansion Premises shall not be an event of Force Majeure Delay. (c) Notwithstanding the above, Tenant shall be entitled to early occupancy of the Expansion Premises at any time after the Expansion Premises Delivery Date for the sole purposes of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), provided that (i) Tenant covenants and agrees that Tenant and Tenant’s employees, agents or contractors will cooperate with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors in the performance of the Landlord’s Expansion Work, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section space shall be subject to all the terms of the terms and conditions of the Lease, provided that (x) the Premises shall not include the Expansion Premises until the Expansion Date, Lease as modified by this Amendment; and (y) Tenant shall not be obligated to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Date. (d) Within five (5) business days after the Expansion Date, the parties shall execute a letter confirming the Expansion Date and certifying that Tenant has accepted delivery of the Premises, in form substantially similar to EXHIBIT “D” attached to the Lease (the “Expansion Date Memorandum”ii). Either party’s failure to request execution of, or to execute, the Expansion Date Memorandum shall not in any way alter the Expansion Date.

Appears in 1 contract

Sources: Office Lease (Pennsylvania Real Estate Investment Trust)

Expansion of Premises. (a) Effective as of the Expansion Commencement Date the Premises defined below, Landlord hereby agrees to lease to Tenant and Tenant hereby agrees to lease from Landlord, 5,205 rentable square feet (and the definition of the “Expansion Premises”) shall be modified to mean and include both known as ▇▇▇▇▇ ▇▇▇, located on the Initial Premises and the Expansion Premises. As a result of such expansion, effective upon the Expansion Date, the deemed square footage 100 Level of the Premises shall be E Building and become 31,684 square feet and Tenant’s Prorata Share and Tenant’s Share of Expenses and Real Estate Taxes shall be one hundred percent (100.00%)shown on the floor plan attached hereto as Exhibit A-1. (b) If Landlord, for any reason whatsoever, cannot deliver possession Tenant’s lease of the Expansion Premises to Tenant shall be on before August 1all of the same terms and conditions as the Existing Premises, 2012 for except as otherwise specified herein. Effective as of the purpose specified in Section 3(c)Expansion Commencement Date, this Amendment shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges with respect to (a) the Expansion Premises until shall be made a part of the day following Premises under the Lease, (b) Tenant shall be leasing a total of 15,622 rentable square feet in the Building, (c) all references in the Lease to the term “Premises” shall be deemed to include the Existing Premises and the Expansion Premises together for a total of 15,622 rentable square feet and (d) the Exhibit A attached to the Lease shall be amended by adding the Exhibit A-1 attached hereto. (c) The “Expansion Commencement Date” shall be the later of (i) October 1, 2021; or (ii) the date on which possession that the current tenant of the Expansion Premises is delivered vacates the Expansion Premises in a condition sufficient for Landlord to deliver them to Tenant. Landlord shall give Tenant (such date thereupon becoming written notice of the Expansion Commencement Date” for purposes of this Amendment). Notwithstanding the foregoing, if Landlord is unable Landlord’s failure to deliver the Expansion Premises by August 1while the current tenant still remains in occupancy shall not give rise to any liability of Landlord hereunder, 2012 (as extended day-for-day for each day of Force Majeure Delay) (the “Expansion Premises Outside Delivery Date”), then Tenant shall have the right, as its sole remedy, not alter Tenant’s obligation to terminate this Amendment to Lease by providing written notice to Landlord within fifteen (15) business days following accept the Expansion Premises Outside Delivery Datewhen delivered, shall not constitute a Landlord default, shall not affect the validity of this Third Amendment, and shall have no effect on the end of the Term as otherwise determined hereunder or on Tenant’s obligations associated therewith. (d) The Expansion Premises are being leased in which event the Lease shall continue in full force and effect as if the parties had not entered into this Amendment their “as-is” condition without representation or warranty by Landlord, and Landlord shall promptly return to Tenant the August, 2012 Base Rent for the Expansion Premises paid by Tenant pursuant to the provisions of Section 6(d). For purposes hereof, the failure of the existing tenant of the Expansion Premises to vacate the Expansion Premises shall not be an event of Force Majeure Delay. (c) Notwithstanding the above, Tenant shall be entitled required to early perform any work in connection with Tenant’s occupancy of the Expansion Premises at any time after during the Expansion Premises Delivery Date for the sole purposes of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work Extended Term (defined below), provided that (i) Tenant covenants and agrees that Tenant and Tenant’s employees, agents or contractors will cooperate with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors in the performance of the Landlord’s Expansion Work, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section shall be subject to all of the terms and conditions of obligations under the Lease, provided that (x) the Premises shall not include the Expansion Premises until the Expansion Date, and (y) Tenant shall not be obligated to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Date. (d) Within five (5) business days after the Expansion Date, the parties shall execute a letter confirming the Expansion Date and certifying that Tenant has accepted delivery of the Premises, in form substantially similar to EXHIBIT “D” attached to the Lease (the “Expansion Date Memorandum”). Either party’s failure to request execution of, or to execute, the Expansion Date Memorandum shall not in any way alter the Expansion Date.

Appears in 1 contract

Sources: Lease (Keros Therapeutics, Inc.)

Expansion of Premises. 43.01 Tenant is hereby granted the option (athe "Expansion Option") Effective to cause Landlord to construct or cause to be constructed an expansion of the building in which the Premises are located which expansion shall include approximately one hundred forty-five thousand (145,000) square feet of warehouse space located on the South portion of the real property included in the Project as shown on Exhibit A- 2 attached hereto as "Future Expansion" (the "Expansion Premises"). The Expansion Option may be exercised by Tenant only by delivery of written notice to Landlord or Tenant's exercise of its rights under this Article 43. (the "Expansion Notice"), which must be received by Landlord not later than the third (3rd) anniversary of the Lease Commencement Date. If Tenant fails to timely deliver such Expansion Notice or if the Lease is terminated pursuant to any of its other terms or provisions prior to the third (3rd) anniversary of the Lease Commencement Date, Tenant's rights to exercise the Expansion Option shall lapse and Landlord shall be free to develop, hold, or sell the portion of the Project on which the Expansion Premises are to be located as Landlord chooses, in Landlord's sole and absolute discretion. The Expansion Option shall be exercisable by Tenant on the express conditions that (i) at the time of delivery of the Expansion Date Notice, Tenant shall not be in default under this Lease after expiration of the applicable cure period, (ii) Tenant has not previously been in default after expiration of the applicable cure period under this Lease on more than three (3) separate occasions during the Lease Term, and (iii) Tenant has not assigned this Lease or sublet all or any part of the Premises, it being understood that the Expansion Option is personal to the original named Tenant under this Lease. In the event of any such assignment or sublease, the Expansion Option shall lapse and be null and void and of no further force and effect. 43.02 The Expansion Premises shall be designed and constructed by Landlord as a connected expansion of the original building in which the Premises (and the definition are located. Landlord shall commence preparation of the “Premises”design of the Expansion Premises within thirty (30) days after exercise by Tenant of the Expansion Option using an architect, contractor, or other qualified consultants selected by Landlord. The final plans and specifications of the Expansion Premises (the "Plans") shall be modified delivered to mean Tenant within ninety (90) days after the exercise by Tenant of the Expansion Option. Tenant shall have ten (10) days to review and include both specify in writing to Landlord any reasonable objections of Tenant to the Initial Premises Plans. If Tenant shall disapprove the Plans, Tenant and Landlord shall cooperate in good faith to resolve the dispute as promptly as possible. After Tenant and Landlord have approved of the Plans, Tenant and Landlord shall agree in good faith on the Base Monthly Rent applicable to the Expansion Premises. As a result of such expansion, effective In the event Tenant and Landlord are unable to agree upon the Plans and/or Base Monthly Rent (including, without limitation, any interim adjustments) for the Expansion Date, the deemed square footage Premises within thirty (30) days after Landlord's presentation of the Premises shall be Plans to Tenant, then Landlord's obligations to construct and become 31,684 square feet and Tenant’s Prorata Share and Tenant’s Share of Expenses and Real Estate Taxes shall be one hundred percent (100.00%). (b) If Landlord, for any reason whatsoever, cannot deliver possession of lease the Expansion Premises to Tenant on before August 1and Tenant's obligations to lease the Expansion Premises from Landlord shall be null and void and of no further force and effect. In the event Landlord and Tenant are unable to agree upon the Plans and/or Base Monthly Rent as specified above, 2012 at the expiration of the applicable time period specified above Tenant shall pay to Landlord, as Additional Rent, fifty percent (50%) of all costs incurred by Landlord pursuant to the provisions of this Article 43. In the event Landlord and Tenant agree upon the Plans and Base Monthly Rent in accordance with the foregoing provisions, Landlord shall then construct the Expansion Premises in substantial conformance with the approved Plans and in accordance with a construction schedule agreed to in good faith by Landlord and Tenant within thirty (30) days after agreement by Landlord and by Tenant of the Plans and Base Monthly Rent. Such construction schedule shall provide for Landlord's substantial completion of construction of the purpose Expansion Premises within two hundred ten (210) days of such agreement, subject to extension for delays caused by Tenant and force majeure events as specified in Section 3(c)38.11 above. Upon Landlord and Tenant's agreement as to the Plans, this Amendment shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefromBase Monthly Rent, and Tenant construction schedule for the Expansion Premises, Tenant's obligations to lease the Expansion Premises shall have no obligation be irrevocable. 43.03 Effective upon substantial completion of the improvements constituting the Expansion Premises, (i) the Expansion Premises shall become, for all purposes, a part of the Premises as defined in Section 1.01 of this Lease, and shall be subject to pay monthly all terms, covenants, and conditions hereof, (ii) the Base Monthly Rent or Additional Charges with respect shall be increased to include the Base Monthly Rent applicable to the Expansion Premises until in an amount specified in Section 43.02 above, and such total amount shall become, for all purposes, the day following "Base Monthly Rent" defined in Section 1.07 of this Lease, (iii) all Additional Rent shall be adjusted to include payment for the date on which possession Expansion Premises, and (iv) the Lease Term for the Expansion Premises shall be the longer of (I) the period coterminous with the Lease Term of the Original Premises, including any Extension Term(s) resulting from any properly exercised Extension Options, and (II) five (5) years. The Expansion Premises shall be deemed to be "substantially completed" at such time as the Expansion Premises have received a Temporary Certificate of Occupancy allowing for Tenant's functional occupancy thereof, and Landlord has completed construction of the Expansion Premises is delivered in substantial accordance with the approved Plans without material interference due to Tenant (such date thereupon becoming the “Expansion Date” for purposes uncompleted portions of this Amendment). Notwithstanding the foregoing, if Landlord is unable to deliver the Expansion Premises by August 1or defective items. Within fifteen (15) days of substantial completion of the improvements constituting the Expansion Premises, 2012 (as extended day-for-day for each day representatives of Force Majeure Delay) (Landlord and Tenant agree to conduct a "walk through" inspection of the Expansion Premises Outside Delivery Date”)and reasonably agree on any remaining punchlist items to be completed after such date. Any such remaining punchlist items shall be completed by Landlord within a commercially reasonable period of time after such walk-through inspection. Landlord represents and warrants that Landlord shall complete the Expansion Premises in a good and workmanlike fashion, then in substantial conformance with the approved Plans, in compliance with all applicable laws and regulations, using new materials, and reasonably free of construction defects. Upon receipt from Tenant shall have of notice of any portion of the rightExpansion Premises which does not conform to the foregoing representation and warranty within the two (2) year period commencing on the date of substantial completion, as its sole remedy, Landlord agrees to terminate this Amendment to Lease by providing promptly correct the same. Tenant understands and agrees that Tenant must provide written notice to Landlord within fifteen the two (152) business days following year period specified above and that the representation and warranty shall expire on the second (2nd) anniversary of the date of substantial completion. Thereafter during the Lease Term, except as set forth in this Section 43.03 above, Landlord will be under no obligation to alter, change, decorate or improve the Expansion Premises Outside Delivery DatePremises. Except as expressly set forth hereinabove in this Section 43.03, nothing contained in which event the Lease this Lease, including any Exhibits hereto, shall continue be interpreted or is intended in full force and effect any way as if the parties had not entered into this Amendment and a representation or warranty by Landlord shall promptly return to Tenant the August, 2012 Base Rent for the Expansion Premises paid by Tenant pursuant as to the provisions of Section 6(d). For purposes hereofquantity, the failure of the existing tenant quality, or fitness of the Expansion Premises to vacate the Expansion Premises shall not be an event Premises, including, without limitation, a fitness for any particular purpose, each of Force Majeure Delay. (c) Notwithstanding the above, Tenant which is expressly disclaimed by Landlord hereunder. The date of substantial completion shall be entitled to early occupancy of the Expansion Premises at any time after the Expansion Premises Delivery Date for the sole purposes of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), provided that (i) Tenant covenants and agrees that Tenant established by Landlord and Tenant’s employees, agents or contractors will cooperate with Landlord to coordinate the performance and completion 's execution of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors a Commencement Date Certificate substantially in the performance of the Landlord’s Expansion Workform attached hereto as Exhibit "E", (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section shall be subject to all of the terms and conditions of the Lease, provided that (x) the Premises shall not include the Expansion Premises until the Expansion Date, and (y) Tenant shall not be obligated to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Date. (d) Within five (5) business days after the Expansion Date, the parties shall agree to execute a letter confirming the Expansion Date and certifying that Tenant has accepted delivery within ten (10) days of the Premises, in form substantially similar to EXHIBIT “D” attached to the Lease (the “Expansion Date Memorandum”). Either party’s failure to request execution of, or to execute, the Expansion Date Memorandum shall not in any way alter the Expansion Datesuch date.

Appears in 1 contract

Sources: Standard Industrial Lease (Brightpoint Inc)

Expansion of Premises. 43.01. Tenant is hereby granted the option (athe "Expansion Option") Effective if Landlord decides to construct or causes to be constructed an expansion of the building in which the Premises are located which expansion shall include approximately one hundred forty-five thousand (145,000) square feet of warehouse space located on the South portion of the real property included in the Project as shown on Exhibit "A-1" attached hereto as "Future Expansion" (the "Expansion Premises"). The Expansion Option can only be initiated as follows: A. Ninety (90) days before Landlord executes a Letter of Intent for the Expansion Premises or six (6) months prior to Landlord's estimated beginning of construction of the Expansion Date the Premises (and the definition Premises, whichever occurs first, Landlord shall provide Tenant with written notice of the “Premises”) shall be modified financial terms and conditions on which Landlord intends to mean and include both the Initial Premises and offer the Expansion PremisesPremises to a third party ("ROFO Notice"). As a result of such expansion, effective upon Tenant's right to lease the Expansion Date, the deemed square footage of the Premises shall be for the same Base Monthly Rent, term, and become 31,684 square feet other financial terms and Tenant’s Prorata Share and Tenant’s Share of Expenses and Real Estate Taxes condition as are specified in the ROFO Notice (the "ROFO"). The ROFO Notice shall be one hundred given as provided in Section 27.01 above. Tenant shall have a period of ten (10) business days from receipt of the ROFO Notice to accept or reject the ROFO. Tenant shall accept the ROFO by delivery of written notice of acceptance to Landlord within the foregoing ten (10) business day period and Landlord shall be free to continue to negotiate with its perspective tenant(s) during such period. In the event Tenant provides a written rejection, does not accept the ROFO in its entirety, makes modifications to the ROFO terms, or otherwise fails to provide written notice of acceptance to Landlord within the foregoing ten (10) business day period, then Tenant shall be deemed to have rejected the ROFO and Landlord shall be free to lease the offered portion of the Expansion Premises specified in the ROFO Notice to any third party at any time on substantially the same or more beneficial terms to Landlord set forth in the ROFO Notice. A reduction in the lease term or size of the Expansion Premises of ten percent (100.0010%). ) or less shall not be deemed a substantial change in terms. A reduction in the lease rate of seven percent (b7%) or less shall not be deemed a substantial change in terms. If Landlorda substantial change in terms shall occur, for any reason whatsoever, cannot deliver possession of Landlord must reoffer the Expansion Premises to Tenant in the same fashion as described herein. Tenant shall have a period of only seven (7) business days to accept or reject the ROFO. If Tenant provides a written rejection, does not accept the ROFO in its entirety, makes modifications tot he ROFO terms or otherwise fails to provide written notice of acceptance to Landlord within the foregoing seven (7) business day period, then Tenant shall be deemed to have rejected the ROFO and Landlord shall be free to lease the offered portion of the Expansion Premises specified in the ROFO Notice to any third party at any time on before August substantially the same or more beneficial terms to Landlord set forth in the ROFO Notice; or B. If Landlord determines it desirable, in its sole discretion, to build the Expansion Premises on the speculative basis and without a Letter of Intent or proposed third party tenant, Landlord, on one (1, 2012 ) occasion shall first delivery to Tenant a written notice of the commencement of construction including the terms that it expects to lease to a third party or third parties (the "ROFO Notice"). Tenant's right to lease the Expansion Premises shall be for the purpose same Base Monthly Rent, term, and other financial terms and conditions as specified in the ROFO Notice (the "ROFO"). The ROFO Notice shall be given as provided in Section 27.01 above. Tenant shall have a period of ten (10) business days from receipt of the ROFO Notice to accept or reject the ROFO. Tenant shall accept the ROFO by delivery of written notice of acceptance to Landlord within the foregoing ten (10) business day period and Landlord shall be free to continue to negotiate with any perspective tenants during such period. In the event Tenant provides a written rejection, does not accept the ROFO in its entirety, makes modifications to the ROFO terms or otherwise fails to provide written notice of acceptance to Landlord within the foregoing ten (10) business day period, then Tenant shall be deemed to have rejected the ROFO and Landlord shall be free to lease or offer for lease all or any portion of the Expansion Premises specified in the ROFO Notice to any third party at any time in substantially the same or more beneficial terms to Landlord set forth in the ROFO Notice. A reduction in the lease term, or offered portion of the Expansion Premises of ten percent (10%) or less shall not be deemed a substantial change in terms. A reduction in the lease rate of seven percent (7%) or less shall not be deemed a substantial change in terms. If a substantial change in terms shall occur, Landlord must reoffer the Expansion Premises to Tenant in the same fashion as described herein. Tenant shall have a period of only seven (7) business days to accept or reject the ROFO. If Tenant provides a written rejection, does not accept the ROFO in its entirety, makes modifications tot he ROFO terms or otherwise fails to provide written notice of acceptance to Landlord within the foregoing seven (7) business day period, then Tenant shall be deemed to have rejected the ROFO and Landlord shall be free to lease the offered portion of the Expansion Premises specified in the ROFO Notice to any third party at any time on substantially the same or more beneficial terms to Landlord set forth in the ROFO Notice. Landlord agrees that construction of the Expansion Premises shall not unreasonably interfere with Tenant's Permitted Use or occupancy of the Premises. The Expansion Option shall be exercisable by Tenant on the express conditions that (i) at the time of delivery of the Expansion Notice, Tenant shall not be in default under this Lease after expiration of the applicable cure period, (ii) Tenant has not previously been in default after expiration of the applicable cure period under this Lease on more than three (3) separate occasions during the Lease Term, and (iii) Tenant has not assigned this Lease or sublet all or any part of the Premises, it being understood that the Expansion Option is personal to the original named Tenant under this Lease or successor in a Permitted Assignment. In the event of any such assignment or sublease, the Expansion Option shall lapse and be null and void and of no further force and effect. 43.02. The Expansion Premises shall be designed and constructed by Landlord as a connected expansion of the original building in which the Premises are located. The final plans and specifications of the Expansion Premises (the "Plans") shall be delivered to Tenant within ninety (90) days after the exercise by Tenant of the Expansion Option. Tenant shall have ten (10) days to review and specify in writing to Landlord any reasonable objections of Tenant to the Plans. If Tenant shall disapprove the Plans, Tenant and Landlord shall cooperate in good faith to resolve the dispute as promptly as possible. After Tenant and Landlord have approved of the Plans, Tenant and Landlord shall agree in good faith on the Base Monthly Rent applicable to the Expansion Premises. In the event Tenant and Landlord are unable to agree upon the Plans and/or Base Monthly Rent (including, without limitation, any interim adjustments) for the Expansion Premises within thirty (30) days after Landlord's presentation of the Plans to Tenant, then Landlord's obligations to construct and lease the Expansion Premises to Tenant and Tenant's obligations to lease the Expansion Premises from Landlord shall be null and void and of no further force and effect. In the event Landlord and Tenant are unable to agree upon the Plans and/or Base Monthly Rent as specified above, at the expiration of the applicable time period specified above Tenant shall pay to Landlord, as Additional Rent, fifty percent (50%) of all costs incurred by Landlord pursuant to the provisions of this Article 43. In the event Landlord and Tenant agree upon the Plans and Base Monthly Rent in accordance with the foregoing provisions, Landlord shall then construct the Expansion Premises in substantial conformance with the approved Plans and in accordance with a construction schedule agreed to in good faith by Landlord and Tenant within thirty (30) days after agreement by Landlord and by Tenant of the Plans and Base Monthly Rent. Such construction schedule shall provide for Landlord's substantial completion of construction of the Expansion Premises within two hundred ten (210) days of such agreement, subject to extension for delays caused by Tenant and force majeure events as specified in Section 3(c)38.11 above. Upon Landlord and Tenant's agreement as to the Plans, this Amendment shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefromBase Monthly Rent, and Tenant construction schedule for the Expansion Premises, Tenant's obligations to lease the Expansion Premises shall have no obligation be irrevocable. 43.03. Effective upon substantial completion of the improvements constituting the Expansion Premises, (i) the Expansion Premises shall become, for all purposes, a part of the Premises as defined in Section 1.01 of this Lease, and shall be subject to pay monthly all terms, covenants, and conditions hereof, (ii) the Base Monthly Rent or Additional Charges with respect shall be increased to include the Base Monthly Rent applicable to the Expansion Premises until in an amount specified in Section 43.02 above, and such total amount shall become, for all purposes, the day following "Base Monthly Rent" defined in Section 1.07 of this Lease, (iii) all Additional Rent shall be adjusted to include payment for the date on which possession Expansion Premises, and (iv) the Lease Term for the Expansion Premises shall be the longer of (I) the period coterminous with the Lease Term of the Original Premises, including any Extension Term(s) resulting from any properly exercised Extension Options, and (II) five (5) years. The Expansion Premises shall be deemed to be "substantially completed" at such time as the Expansion Premises have received a Temporary Certificate of Occupancy allowing for Tenant's functional occupancy thereof, and Landlord has completed construction of the Expansion Premises is delivered in substantial accordance with the approved Plans without material interference due to Tenant (such date thereupon becoming the “Expansion Date” for purposes uncompleted portions of this Amendment). Notwithstanding the foregoing, if Landlord is unable to deliver the Expansion Premises by August 1or defective items. Within fifteen (15) days after substantial completion of the improvements constituting the Expansion Premises, 2012 (as extended day-for-day for each day representatives of Force Majeure Delay) (Landlord and Tenant agree to conduct a "walk through" inspection of the Expansion Premises Outside Delivery Date”)and reasonably agree on any remaining punchlist items to be completed after such date. Any such remaining punchlist items shall be completed by Landlord within a commercially reasonable period of time after such walk-through inspection. Landlord represents and warrants that Landlord shall complete the Expansion Premises in a good and workmanlike fashion, then in substantial conformance with the approved Plans, in compliance with all applicable laws and regulations, using new materials, and reasonably free of construction defects. Upon receipt from Tenant shall have of notice of any portion of the rightExpansion Premises which does not conform to the foregoing representation and warranty within the two (2) year period commencing on the date of substantial completion, as its sole remedy, Landlord agrees to terminate this Amendment to Lease by providing promptly correct the same. Tenant understands and agrees that Tenant must provide written notice to Landlord within fifteen the two (152) business days following year period specified above and that the representation and warranty shall expire on the second (2nd) anniversary of the date of substantial completion. Thereafter during the Lease Term, except as set forth in this Section 43.03 above, Landlord will be under no obligation to alter, change, decorate or improve the Expansion Premises Outside Delivery DatePremises. Except as expressly set forth hereinabove in this Section 43.03, nothing contained in which event the Lease this Lease, including any Exhibits hereto, shall continue be interpreted or is intended in full force and effect any way as if the parties had not entered into this Amendment and a representation or warranty by Landlord shall promptly return to Tenant the August, 2012 Base Rent for the Expansion Premises paid by Tenant pursuant as to the provisions of Section 6(d). For purposes hereofquantity, the failure of the existing tenant quality, or fitness of the Expansion Premises to vacate the Expansion Premises shall not be an event Premises, including, without limitation, a fitness for any particular purpose, each of Force Majeure Delay. (c) Notwithstanding the above, Tenant which is expressly disclaimed by Landlord hereunder. The date of substantial completion shall be entitled to early occupancy of the Expansion Premises at any time after the Expansion Premises Delivery Date for the sole purposes of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), provided that (i) Tenant covenants and agrees that Tenant established by Landlord and Tenant’s employees, agents or contractors will cooperate with Landlord to coordinate the performance and completion 's execution of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors a Commencement Date Certificate substantially in the performance of the Landlord’s Expansion Work, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around form attached hereto as Exhibit "E," which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section shall be subject to all of the terms and conditions of the Lease, provided that (x) the Premises shall not include the Expansion Premises until the Expansion Date, and (y) Tenant shall not be obligated to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Date. (d) Within five (5) business days after the Expansion Date, the parties shall agree to execute a letter confirming the Expansion Date and certifying that Tenant has accepted delivery within ten (10) days of the Premises, in form substantially similar to EXHIBIT “D” attached to the Lease (the “Expansion Date Memorandum”). Either party’s failure to request execution of, or to execute, the Expansion Date Memorandum shall not in any way alter the Expansion Datesuch date.

Appears in 1 contract

Sources: Standard Industrial Lease (Brightpoint Inc)

Expansion of Premises. Effective on and as of the date upon which Landlord delivers possession of the below-defined Premises broom-swept, vacant and with hall Building systems in good working condition, but no earlier than January 1, 2018 (athe “Expansion Commencement Date”), the Existing Premises shall be expanded to include that certain 4,098 rentable square feet of space as further depicted on Exhibit A attached hereto (the “Expansion Premises”), for a term that is coterminous with the Lease Term, as extended pursuant to Paragraph 3 below. As of the Expansion Commencement Date, the Existing Premises and the Expansion Premises shall collectively hereinafter be known as the “Premises” and shall contain a total of 16,992 rentable square feet (i.e., since the new measurement for the Existing Premises shall be utilized as noted in Paragraph 1 above) Effective made up of the entirety of the fourth (4th) floor of the office building. Landlord shall use commercially reasonable efforts to deliver the Expansion Premises to Tenant as of the Expansion Date Commencement Date; provided, however, Tenant acknowledges that an existing tenant currently occupies the Expansion Premises (pursuant to a lease agreement with Landlord that is currently scheduled to expire on March 18, 2018 and that Landlord shall not be liable to Tenant nor shall this Fourth Amendment be void or voidable in the definition event that the existing tenant remains in the Expansion Premises following the Expansion Commencement Date. In such case the Expansion Premises shall be delivered following the date that such existing tenant surrenders possession of the “Premises”) shall be modified Expansion Premises to mean Landlord in accordance with the terms and include both conditions of its lease or such earlier date as such existing tenant’s leasehold with respect to the Initial Expansion Premises has been terminated and Landlord has recaptured possession of the Expansion Premises. As a result of such expansion, effective upon In the event the Expansion DatePremises are not delivered to Tenant until after January 1, 2018, then in no event shall Tenant be liable for Base Rent or Additional Rent attributable to the deemed square footage Expansion Premises between January 1, 2018 and such date as the Expansion Premises are actually delivered to Tenant. Notwithstanding anything to the contrary contained herein, if the Expansion Premises is not delivered to Tenant by April 1, 2018, Tenant shall have the option, but not the obligation, to terminate the Lease by delivering written notice (the “Termination Notice”) to Landlord after April 1, 2018 but prior to the date that Landlord actually delivers the Expansion Premises to Tenant, in which case the Lease shall terminate effective as of the Premises shall be and become 31,684 square feet and Tenantdate that is thirty (30) days following Landlord’s Prorata Share and Tenant’s Share receipt of Expenses and Real Estate Taxes shall be one hundred percent the Termination Notice (100.00%). (bsuch date being the “Early Termination Date”) If Landlord, for any reason whatsoever, cannot deliver unless Landlord delivers possession of the Expansion Premises to Tenant on before August 1, 2012 for within such thirty (30) day period. In the purpose specified in Section 3(c), this Amendment shall event Tenant timely delivers the Termination Notice and Landlord does not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises until the day following the date on which possession of the Expansion Premises is delivered to Tenant (such date thereupon becoming the “Expansion Date” for purposes of this Amendment). Notwithstanding the foregoing, if Landlord is unable to deliver the Expansion Premises to Tenant by August 1, 2012 (as extended day-for-day for each day of Force Majeure Delay) (the “Expansion Premises Outside Delivery Early Termination Date”), then Tenant shall have surrender the right, as its sole remedy, to terminate this Amendment to Lease by providing written notice Existing Premises to Landlord within fifteen (15) business days no later than the Early Termination Date and the parties shall be released from any liability arising under the Lease following the Expansion Premises Outside Delivery Date, in which event Early Termination Date other than those obligations that survive the Lease shall continue in full force and effect as if the parties had not entered into this Amendment and Landlord shall promptly return to Tenant the August, 2012 Base Rent for the Expansion Premises paid by Tenant pursuant to the provisions of Section 6(d). For purposes hereof, the failure of the existing tenant of the Expansion Premises to vacate the Expansion Premises shall not be an event of Force Majeure Delay. (c) Notwithstanding the above, Tenant shall be entitled to early occupancy of the Expansion Premises at any time after the Expansion Premises Delivery Date for the sole purposes of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), provided that (i) Tenant covenants and agrees that Tenant and Tenant’s employees, agents expiration or contractors will cooperate with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors in the performance of the Landlord’s Expansion Work, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section shall be subject to all of the terms and conditions earlier termination of the Lease, provided that (x) the Premises shall not include the Expansion Premises until the Expansion Date, and (y) Tenant shall not be obligated to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Date. (d) Within five (5) business days after the Expansion Date, the parties shall execute a letter confirming the Expansion Date and certifying that Tenant has accepted delivery of the Premises, in form substantially similar to EXHIBIT “D” attached to the Lease (the “Expansion Date Memorandum”). Either party’s failure to request execution of, or to execute, the Expansion Date Memorandum shall not in any way alter the Expansion Date.

Appears in 1 contract

Sources: Office Lease (Life360, Inc.)

Expansion of Premises. (a) Effective as of the Expansion Date date set forth below, the Premises will be expanded, as follows: 2.1 Effective as of May 1, 2013 (and the definition “Lobby Expansion Date”), the Premises is hereby expanded to include that portion of the Lobby, comprising 5,018 square feet of Rentable Square Footage as shown on Exhibit B attached hereto (the PremisesLobby Expansion Space) shall be modified to mean and include both ). Accordingly, as of the Initial Premises and the Expansion Premises. As a result of such expansion, effective upon the Lobby Expansion Date, all references in the deemed square footage Lease to the Rentable Square Footage of the Premises shall for all purposes under the Lease be deemed to be 313,391 square feet. In addition, Exhibit A-1 attached to the Lease is hereby deleted in its entirety and become 31,684 square feet replaced with Exhibit A-1 attached hereto. FOURTH AMENDMENT TO OFFICE LEASE (PIER 1 SERVICES COMPANY) 2.2 Tenant is authorized to and Tenant’s Prorata Share shall construct a demising wall and/or door in the location depicted on Exhibit B attached hereto in order to close off and Tenant’s Share secure the Lobby Expansion Space; provided, however, that such wall and/or door will be constructed with finishes consistent with the existing finishes in the lobby area, and otherwise in accordance with the terms and conditions of Expenses and Real Estate Taxes shall be one hundred percent (100.00%)Section 9.C of the Lease. (b) If Landlord2.3 Landlord expressly disclaims any and all warranties of any nature, for any reason whatsoeverexpress or implied, cannot deliver possession of the Expansion Premises to Tenant on before August 1, 2012 for the purpose specified in Section 3(c), this Amendment shall not be void fact or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges by law with respect to the Expansion Premises until Space, including without limitation, the day following implied warranties of habitability, suitability, merchantability and fitness for any particular purpose. By occupying the date on which possession Lobby Expansion Space as of the Expansion Premises is delivered to Tenant (such date thereupon becoming the “Expansion Date” for purposes of this Amendment). Notwithstanding the foregoing, if Landlord is unable to deliver the Expansion Premises by August 1, 2012 (as extended day-for-day for each day of Force Majeure Delay) (the “Expansion Premises Outside Delivery Date”), then Tenant shall have the right, as its sole remedy, to terminate this Amendment to Lease by providing written notice to Landlord within fifteen (15) business days following the Expansion Premises Outside Delivery Date, in which event the Lease shall continue in full force and effect as if the parties had not entered into this Amendment and Landlord shall promptly return to Tenant the August, 2012 Base Rent for the Expansion Premises paid by Tenant pursuant to the provisions of Section 6(d). For purposes hereof, the failure of the existing tenant of the Expansion Premises to vacate the Expansion Premises shall not be an event of Force Majeure Delay. (c) Notwithstanding the above, Tenant shall be entitled to early occupancy of the Expansion Premises at any time after the Expansion Premises Delivery Date for the sole purposes of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), provided that (i) Tenant covenants and agrees that Tenant and Tenant’s employees, agents or contractors will cooperate with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors in the performance of the Landlord’s Expansion Work, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section shall be subject to all of the terms and conditions of the Lease, provided that (x) the Premises shall not include the Expansion Premises until the Lobby Expansion Date, Tenant accepts the Lobby Expansion Space in its “as-is” condition and (y) Tenant configuration and shall not be obligated deemed to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Date. (d) Within five (5) business days after the Expansion Date, the parties shall execute a letter confirming the Expansion Date and certifying that Tenant has have accepted delivery of the Premisessame, in form substantially similar to EXHIBIT “D” attached to the Lease (the “Expansion Date Memorandum”). Either party’s failure to request execution ofand TENANT HEREBY AGREES THAT AS OF THE LOBBY EXPANSION DATE, or to executeTHE LOBBY EXPANSION SPACE IS OR WILL BE IN GOOD ORDER AND SATISFACTORY CONDITION AND THAT THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, the Expansion Date Memorandum shall not in any way alter the Expansion DateEXPRESS OR IMPLIED, BY LANDLORD REGARDING THE LOBBY EXPANSION SPACE.

Appears in 1 contract

Sources: Office Lease (Pier 1 Imports Inc/De)

Expansion of Premises. (a) Effective as of the earlier of (i) the date that Tenant occupies any portion of the Expansion Date Premises and begins conducting business therein, and (ii) February 1, 2024 (“Expansion Date”), the Original Premises shall be expanded to include (and Tenant shall lease from Landlord) the definition of Expansion Premises. From and after the Expansion Date, the term “Premises” where used in the Lease (including this First Amendment) shall be modified to mean and include both the Initial Original Premises and the Expansion Premises. As , collectively (for a result total of such expansion, effective upon the Expansion Date, the deemed approximately 108,500 rentable square footage of the Premises shall be and become 31,684 square feet and Tenant’s Prorata Share and Tenant’s Share of Expenses and Real Estate Taxes shall be one hundred percent (100.00%). (b) If Landlord, for any reason whatsoever, cannot deliver possession of the Expansion Premises to Tenant on before August 1, 2012 for the purpose specified in Section 3(c), this Amendment shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises until the day following the date on which possession of the Expansion Premises is delivered to Tenant (such date thereupon becoming the “Expansion Date” for purposes of this Amendmentfeet). Notwithstanding the foregoing, if Landlord is unable to cannot, for any reason, deliver the Expansion Premises by August 1, 2012 (as extended day-for-day for each day of Force Majeure Delay) (the “Expansion Premises Outside Delivery Date”), then Tenant shall have the right, as its sole remedy, to terminate this Amendment to Lease by providing written notice to Landlord within fifteen (15) business days following the Expansion Premises Outside Delivery Date, in which event the Lease shall continue in full force and effect as if the parties had not entered into this Amendment and Landlord shall promptly return to Tenant the August(including, 2012 Base Rent for the Expansion Premises paid by Tenant pursuant to the provisions without limitation on account of Section 6(d). For purposes hereof, the failure any present tenant or occupant of the existing tenant all or any portion of the Expansion Premises to vacate not vacating any portion of the Expansion Premises Premises), then this First Amendment shall not be an event deemed void or voidable nor shall Landlord be deemed to be in default hereunder, nor shall Landlord be liable for any loss or damage directly or indirectly arising out of Force Majeure Delay. (c) Notwithstanding the abovesuch delay, Tenant shall be entitled and T▇▇▇▇▇ agrees to early occupancy accept possession of the Expansion Premises at any such time after as Landlord is able to tender the same (which date shall thenceforth be the Expansion Premises Delivery Date for the sole purposes of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined belowPremises), provided that (i) Tenant covenants and agrees that Tenant and Tenant’s employees, agents or contractors will cooperate with . Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors in the performance of the Landlord’s Expansion Work, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about agree that the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy rentable square footage of the Expansion Premises for as set forth in Recital C above (and of the sole purpose provided Original Premises as set forth in this Section Recital B above) shall be subject conclusive and binding on the parties hereto. Landlord may deliver to all of the terms and conditions of the Lease, provided that (x) the Premises shall not include Tenant a letter in a form acceptable to Landlord memorializing the Expansion Premises until Date and the Expansion DateBase Rent applicable thereto, and (y) such other matters as Landlord shall require, which Tenant shall not be obligated execute and return to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Date. (d) Within Landlord within five (5) business days after the Expansion Dateof receipt thereof; provided, the parties however, that such notice shall execute a letter confirming not be required to establish the Expansion Date and certifying the Base Rent applicable thereto. Failure of Tenant to timely execute and deliver such letter shall constitute an acknowledgment by Tenant that Tenant has accepted delivery of the Premisesstatements included in such notice are true and correct, in form substantially similar to EXHIBIT “D” attached to the Lease (the “Expansion Date Memorandum”). Either party’s failure to request execution of, or to execute, the Expansion Date Memorandum shall not in any way alter the Expansion Datewithout exception.

Appears in 1 contract

Sources: Lease Agreement (FireFly Automatix, Inc.)

Expansion of Premises. (a) Effective as of the Expansion Date the Premises (and the definition of the “Premises”) shall be modified to mean and include both the Initial Premises and the Expansion Premises. As a result of such expansion, effective upon the Expansion Date, the deemed square footage of the Premises shall be and become 31,684 square feet and Tenant’s Prorata Share and Tenant’s Share of Expenses and Real Estate Taxes shall be one hundred percent (100.00%). (b) If Landlord, for any reason whatsoever, cannot deliver possession of date that Landlord delivers the Expansion Premises to Tenant on before August 1, 2012 for in the purpose specified in Section 3(c), this Amendment shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises until the day following the date on which possession of the Expansion Premises is delivered to Tenant (such date thereupon becoming the “Expansion Date” for purposes of this Amendment). Notwithstanding the foregoing, if Landlord is unable to deliver the Expansion Premises by August 1, 2012 Delivery Condition (as extended day-for-day for each day of Force Majeure Delaydefined below) (the “Expansion Premises Outside Delivery Commencement Date”), then and continuing to the Expiration Date, the Expansion Premises shall be added to the Premises covered by the Lease. Commencing on the Expansion Premises Commencement Date, all references in the Lease and in this Amendment to the “Premises” shall be deemed to consist of the entirety of the Building. Landlord represents and warrants that the Expansion Premises has measured in accordance with BOMA standard, and Landlord and Tenant hereby stipulate for all purposes of the Lease that the Expansion Premises contains 43,325 rentable square feet, and, once the Expansion Premises Commencement Date shall have occurred and continuing until the New Termination Date, the Premises shall be deemed to consist of the entirety of the Building, and shall contain a total of 92,477 rentable square feet. Consistent with Section 31.11 of the Lease, any remeasurement shall not under any circumstances entitle Tenant to a refund or credit for any sums paid under this Lease, nor shall such remeasurement under any circumstances obligate Tenant to pay any additional sums under this Lease as a result of any adjustment in the measurement of the Premises or Building. ./-/11-17-20// -1- ▇▇▇▇▇▇▇▇▇ / 500209.0017 -1- (b) In connection with the expansion of the Premises and Tenant becoming the sole tenant in the Building, effective as of the Expansion Premises Commencement Date, Section 1.1 of the Lease is hereby deleted in its entirety and replaced with the following: 1.1 Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, subject to the terms, covenants and conditions set forth in this Lease, the space (the “Premises”) substantially shown outlined on the floor plan attached hereto as Exhibit A and described in the Basic Lease Information, which Premises are located in the building (the “Building”) described in the Basic Lease Information. As used in this Lease, the term “Building” shall include the parcel or parcels of land on which the Building is located and all appurtenances thereto. During the Lease Term, as the sole tenant in the Building, Tenant shall have the rightexclusive right to use only for their intended purposes of lobbies, as its sole remedyentrances, to terminate this Amendment to Lease by providing written notice to Landlord within fifteen (15) business days following the Expansion Premises Outside Delivery Datestairs, in which event the Lease shall continue in full force elevators and effect as if the parties had not entered into this Amendment and Landlord shall promptly return to Tenant the August, 2012 Base Rent for the Expansion Premises paid by Tenant pursuant to the provisions of Section 6(d). For purposes hereof, the failure other portions of the existing tenant of the Expansion Premises to vacate the Expansion Premises shall not be an event of Force Majeure Delay. (c) Notwithstanding the above, Tenant shall be entitled to early occupancy of the Expansion Premises at any time after the Expansion Premises Delivery Date for the sole purposes of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), provided that (i) Tenant covenants Building. Landlord acknowledges and agrees that Tenant and Tenant’s employees, agents or contractors will cooperate with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors in the performance of the Landlord’s Expansion Work, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable forhave any right to change the size, Tenant hereby waives all claims which Tenant may have against the Landlord Partieslocation, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against configuration, character or use of any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section shall be subject to all of the terms and conditions of the Lease, provided that (x) the Premises shall not include the Expansion Premises until the Expansion Date, and (y) Tenant shall not be obligated to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Date. (d) Within five (5) business days after the Expansion Date, the parties shall execute a letter confirming the Expansion Date and certifying that Tenant has accepted delivery portion of the Premises, the Building or the land on which the Building is located. Except in form substantially similar to EXHIBIT “D” attached to the Lease (event Tenant provides its express written consent, which may be granted, conditioned or withheld in Tenant’s sole discretion, Landlord agrees that Landlord will not construct additional improvements or facilities within the “Expansion Date Memorandum”). Either party’s failure to request execution of, or to executePremises, the Expansion Date Memorandum Building or the land on which the Building is located, nor close any such areas. Tenant shall have the exclusive use of all windows and outside decks or terraces and walls of the Premises and any space in the Premises used for shafts, stacks, pipes, conduits, ducts, electric or other utilities, sinks or other Building facilities, existing Building risers, raceways, shafts and conduit, and the Building’s MPOE (main point of entry), including, but not in limited to, for the installation and operation of Tenant’s telecommunications systems, including voice, video, data, internet, and any way alter the Expansion Dateother services provided over wire, fiber optic, microwave, wireless, and any other transmission systems.

Appears in 1 contract

Sources: Lease (Dexcom Inc)

Expansion of Premises. (a) Effective as of upon the date that Landlord delivers the Expansion Date Premises to Tenant in the Delivery Condition (as defined below) (the "Expansion Premises (Commencement Date"), and continuing to the definition of the “Premises”) shall be modified to mean and include both the Initial Premises and the Expansion Premises. As a result of such expansion, effective upon the Expansion Expiration Date, the Expansion Premises shall be added to the Premises covered by the Lease. Commencing on the Expansion Premises Commencement Date, all references in the Lease and in this Amendment to the "Premises" shall be deemed to consist of the entirety of the Building. Landlord represents and warrants that the Expansion Premises has measured in accordance with BOMA standard, and Landlord and Tenant hereby stipulate for all purposes of the Lease that the Expansion Premises contains 43,325 rentable square footage of feet, and, once the Expansion Premises Commencement Date shall have occurred and continuing until the New Termination Date, the Premises shall be deemed to consist of the entirety of the Building, and become 31,684 shall contain a total of 92,477 rentable square feet and Tenant’s Prorata Share and Tenant’s Share feet. Consistent with Section 31.11 of Expenses and Real Estate Taxes the Lease, any remeasurement shall be one hundred percent (100.00%)not under any circumstances entitle Tenant to a refund or credit for any sums paid under this Lease, nor shall such remeasurement under any circumstances obligate Tenant to pay any additional sums under this Lease as a result of any adjustment in the measurement of the Premises or Building. (b) If LandlordIn connection with the expansion of the Premises and Tenant becoming the sole tenant in the Building, for any reason whatsoever, cannot deliver possession effective as of the Expansion Premises Commencement Date, Section 1.1 of the Lease is hereby deleted in its entirety and replaced with the following: 1.1 Landlord hereby leases to Tenant on before August 1, 2012 for the purpose specified in Section 3(c), this Amendment shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefromTenant, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges with respect hereby leases from Landlord, subject to the Expansion terms, covenants and conditions set forth in this Lease, the space ./-/11-17-20// -1- ▇▇▇▇▇▇▇▇▇ / 500209.0017 (the "Premises") substantially shown outlined on the floor plan attached hereto as Exhibit A and described in the Basic Lease Information, which Premises until are located in the day following building (the date "Building") described in the Basic Lease Information. As used in this Lease, the term "Building" shall include the parcel or parcels of land on which possession of the Expansion Premises Building is delivered to Tenant (such date thereupon becoming located and all appurtenances thereto. During the “Expansion Date” for purposes of this Amendment). Notwithstanding Lease Term, as the foregoingsole tenant in the Building, if Landlord is unable to deliver the Expansion Premises by August 1, 2012 (as extended day-for-day for each day of Force Majeure Delay) (the “Expansion Premises Outside Delivery Date”), then Tenant shall have the rightexclusive right to use only for their intended purposes of lobbies, as its sole remedyentrances, to terminate this Amendment to Lease by providing written notice to Landlord within fifteen (15) business days following the Expansion Premises Outside Delivery Datestairs, in which event the Lease shall continue in full force elevators and effect as if the parties had not entered into this Amendment and Landlord shall promptly return to Tenant the August, 2012 Base Rent for the Expansion Premises paid by Tenant pursuant to the provisions of Section 6(d). For purposes hereof, the failure other portions of the existing tenant of the Expansion Premises to vacate the Expansion Premises shall not be an event of Force Majeure Delay. (c) Notwithstanding the above, Tenant shall be entitled to early occupancy of the Expansion Premises at any time after the Expansion Premises Delivery Date for the sole purposes of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), provided that (i) Tenant covenants Building. Landlord acknowledges and agrees that Tenant and Tenant’s employees, agents or contractors will cooperate with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors in the performance of the Landlord’s Expansion Work, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable forhave any right to change the size, Tenant hereby waives all claims which Tenant may have against the Landlord Partieslocation, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against configuration, character or use of any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section shall be subject to all of the terms and conditions of the Lease, provided that (x) the Premises shall not include the Expansion Premises until the Expansion Date, and (y) Tenant shall not be obligated to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Date. (d) Within five (5) business days after the Expansion Date, the parties shall execute a letter confirming the Expansion Date and certifying that Tenant has accepted delivery portion of the Premises, the Building or the land on which the Building is located. Except in form substantially similar to EXHIBIT “D” attached to the Lease (event Tenant provides its express written consent, which may be granted, conditioned or withheld in Tenant's sole discretion, Landlord agrees that Landlord will not construct additional improvements or facilities within the “Expansion Date Memorandum”). Either party’s failure to request execution of, or to executePremises, the Expansion Date Memorandum Building or the land on which the Building is located, nor close any such areas. Tenant shall have the exclusive use of all windows and outside decks or terraces and walls of the Premises and any space in the Premises used for shafts, stacks, pipes, conduits, ducts, electric or other utilities, sinks or other Building facilities, existing Building risers, raceways, shafts and conduit, and the Building’s MPOE (main point of entry), including, but not in limited to, for the installation and operation of Tenant's telecommunications systems, including voice, video, data, internet, and any way alter the Expansion Dateother services provided over wire, fiber optic, microwave, wireless, and any other transmission systems.

Appears in 1 contract

Sources: Lease (Dexcom Inc)

Expansion of Premises. (a) Effective as of the Expansion Date the Premises (and the definition of the “Premises”) shall be modified to mean and include both the Initial Premises and the Expansion Premises. As a result of such expansion, effective upon the Expansion Date, the deemed square footage of the Premises shall be and become 31,684 square feet and Tenant’s Prorata Share and Tenant’s Share of Expenses and Real Estate Taxes shall be one hundred percent (100.00%). (b) If Landlord, for any reason whatsoever, cannot deliver possession of the Expansion Premises to Tenant on before August 1, 2012 for the purpose specified in Section 3(c), this Amendment shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises until the day following the date on which possession of the Expansion Premises is delivered to Tenant (such date thereupon becoming the “Expansion Date” for purposes of this Amendment). Notwithstanding the foregoing, if Landlord is unable to deliver the Expansion Premises by August 1, 2012 (as extended day-for-day for each day of Force Majeure Delay) option (the “Expansion Premises Outside Delivery Option”) to construct an addition to the Building and/or expand the parking areas serving the Building (the “Expansion Space”), which expansion shall be constructed pursuant to the terms of this Article. Any Expansion Space added to the Building pursuant to this Article shall be subject to the terms and provisions of this Lease. In addition, Landlord expressly agrees that there will be no adjustment to the Annual Rent payable hereunder (during not only the Term, but also during and any and all extension(s) of the Term) should such Expansion Space be constructed by Tenant, it being agreed that, since Tenant will, if at all, be constructing the Expansion Space at its sole cost and expense, no Annual Rent will be charged for the Expansion Space. The Expansion Option may be exercised by Tenant’s notifying Landlord in writing of such exercise (the date of such notice is hereinafter referred to as the “Expansion Exercise Date”), then which Expansion Notice shall be accompanied by conceptual and preliminary design plans showing the general layout and uses for the Expansion Space and general specifications. Tenant shall have the right, as its sole remedy, to terminate this Amendment to Lease by providing written notice prepare and furnish to Landlord within sixty (60) days after the Expansion Exercise Date complete architectural drawings and specifications (hereinafter called the “Expansion Plans”). The Expansion Plans shall be prepared by a licensed architect retained by Tenant, which architect shall be subject to the reasonable approval of Landlord. Landlord agrees to review the Expansion Plans and in each case to approve same or state what changes, if any, Landlord requires therein within thirty (30) days after receipt thereof. If Landlord requires any changes, Tenant shall cause the Expansion Plans to be revised in accordance with any reasonable requirements of Landlord and to resubmit same to Landlord for Landlord’s review within fifteen (15) business days following after receipt of Landlord’s changes. In addition, Landlord may review said Expansion Plans and request changes therein during the course of preparation thereof by said architect and Tenant shall cause said architect to revise the Expansion Premises Outside Delivery Date, in which event the Lease Plans accordingly. The revisions and resubmissions shall continue until Landlord shall have approved the Expansion Plans (said approved Expansion Plans being hereinafter called the “Approved Plans”). Landlord’s approval of the Expansion Plans shall not constitute an opinion or agreement by Landlord that the proposed improvements are structurally sufficient or that the Approved Plans are in full force compliance with Legal Requirements (it being agreed that such compliance is solely Tenant’s responsibility). Tenant shall provide Landlord with two (2) sets of the Approved Plans and effect Landlord and Tenant shall execute counterparts thereof. The Approved Plans shall be final and shall not be changed by Tenant without the prior consent of Landlord. Tenant agrees to use diligent (commercially reasonable) efforts to obtain all necessary permits for development and construction of the Expansion Space, or so much thereof as if the law and local rules and regulations shall allow, although the parties had not entered into this Amendment acknowledge that the laws and Landlord shall promptly return to Tenant development environment at the August, 2012 Base Rent time of the permitting for the Expansion Premises paid by Space may be more restrictive than at present. Landlord agrees to reasonably cooperate with Tenant pursuant regarding Tenant’s efforts to obtain permits, licenses and approvals pertaining to the provisions of Section 6(d)Expansion Space. For purposes hereof, the failure of the existing tenant of the Expansion Premises to vacate the Expansion Premises shall not be an event of Force Majeure Delay. (c) Notwithstanding the above, Tenant shall be entitled to early occupancy of the Expansion Premises at any time after the Expansion Premises Delivery Date for the sole purposes of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), provided that (i) Tenant covenants and agrees that Tenant and Tenant’s employees, agents or contractors will cooperate with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors in the performance of the Landlord’s Expansion Work, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section shall be subject to all of the terms and conditions of the Lease, provided that (x) the Premises shall not include the Expansion Premises until the Expansion Date, and (y) Tenant shall not be obligated required to pay monthly Base Rent remove, alter, or Additional Charges with respect demolish the Expansion Space at the expiration or earlier termination of this Lease except as to leave the Expansion Space in the same condition as is required for the Premises itself including, but not limited to, the requirements set forth in Section 6.3 and Article 26 of this Lease. Notwithstanding anything to the contrary contained in this Article 5, if Tenant expands the Premises as set forth herein and, as a direct result of the addition of such Expansion Space, Landlord’s rent under the Ground Lease increases, then Tenant shall be responsible for reimbursing Landlord for such increase (but solely to the extent the increase is directly attributable to the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion DateSpace). (d) Within five (5) business days after the Expansion Date, the parties shall execute a letter confirming the Expansion Date and certifying that Tenant has accepted delivery of the Premises, in form substantially similar to EXHIBIT “D” attached to the Lease (the “Expansion Date Memorandum”). Either party’s failure to request execution of, or to execute, the Expansion Date Memorandum shall not in any way alter the Expansion Date.

Appears in 1 contract

Sources: Lease Agreement (Dunkin' Brands Group, Inc.)

Expansion of Premises. Effective on the Expansion Space Delivery Date (adefined below) Effective as (the “Expansion Space Commencement Date”), the term “Premises” is amended to mean (i) the Original Premises and (ii) the Expansion Space, which consist of a total of 54,080 rentable square feet, except where distinctions are otherwise noted herein or would be necessary to correctly express the intent of the Expansion Date the Premises (and the definition parties that provisions apply only to one portion of the “Premises”) shall be modified to mean and include both the Initial Premises and the Expansion Premises. As a result of such expansion, effective upon The Expansion Space is depicted on the floor plan attached as Exhibit 1 to this Amendment. The Expansion Date, Space Delivery Date means the deemed square footage of the Premises shall be and become 31,684 square feet and Tenant’s Prorata Share and Tenant’s Share of Expenses and Real Estate Taxes shall be one hundred percent (100.00%). (b) If Landlord, for any reason whatsoever, cannot deliver date that Sublandlord delivers possession of the Expansion Premises Space to Tenant on before August 1Subtenant with (i) the Expansion Space Delivery Conditions fully satisfied by Sublandlord, 2012 or the date the Expansion Space Delivery Conditions would have been fully satisfied but for the purpose specified in Section 3(ca Subtenant Delay (defined below), this and (ii) the Landlord’s First Amendment shall not be void or voidable, Consent (defined below) having been executed by Landlord shall not be liable and a copy delivered to Tenant for any loss or damage resulting therefromSubtenant, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges with respect to (iii) the existing subtenant in the Expansion Premises until the day following the date on which Space having vacated and surrendered possession of the Expansion Premises is delivered Space to Tenant Sublandlord and Sublandlord having obtained legal possession of the Expansion Space. The parties anticipate that the Expansion Space Delivery Date (such date thereupon becoming i.e., the Expansion Space Commencement Date” for purposes ) will be November 1, 2025; and Sublandlord covenants that it shall use good-faith and diligent efforts to satisfy the Expansion Space Delivery Conditions and other requirements of this Amendment)Section 2 and deliver the Expansion Space to Subtenant by November 1, 2025. Notwithstanding the foregoing, if Landlord in the event Sublandlord is unable to deliver the Expansion Premises Space to Subtenant in accordance with this Section 2 by August 1January 31, 2012 (as extended day-for-day for each day of Force Majeure Delay) (the “Expansion Premises Outside Delivery Date”)2026, then Tenant either Sublandlord or Subtenant shall have the right, as its sole remedy, be permitted to terminate this Amendment to Lease by providing written notice to Landlord within fifteen (15) business days following the Expansion Premises Outside Delivery Date, in which event the Lease shall continue in full force and effect as if the parties had not entered into this Amendment and Landlord shall promptly return to Tenant the August, 2012 Base Rent for the Expansion Premises paid by Tenant pursuant delivered to the provisions of Section 6(d). For purposes hereof, the failure of the existing tenant of the Expansion Premises to vacate the Expansion Premises shall not be an event of Force Majeure Delay. (c) Notwithstanding the above, Tenant shall be entitled to early occupancy of the Expansion Premises other party at any time after thereafter but before the date Sublandlord delivers the Expansion Premises Delivery Date for the sole purposes of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), provided that (i) Tenant covenants and agrees that Tenant and Tenant’s employees, agents or contractors will cooperate Space to Subtenant in accordance with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors in the performance of the Landlord’s Expansion Work, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section shall be subject to all of the terms and conditions of the Lease, provided that (x) the Premises shall not include the Expansion Premises until the Expansion Date, and (y) Tenant shall not be obligated to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Date2. (d) Within five (5) business days after the Expansion Date, the parties shall execute a letter confirming the Expansion Date and certifying that Tenant has accepted delivery of the Premises, in form substantially similar to EXHIBIT “D” attached to the Lease (the “Expansion Date Memorandum”). Either party’s failure to request execution of, or to execute, the Expansion Date Memorandum shall not in any way alter the Expansion Date.

Appears in 1 contract

Sources: Sublease (Magnite, Inc.)

Expansion of Premises. (a) 2.1 Effective as of the Expansion Date the Premises (and the definition date Landlord delivers to Tenant possession of the “Premises”) shall be modified Expansion Space (said date being referred to mean herein as the "EXPANSION SPACE COMMENCEMENT DATE"), Landlord hereby demises and include both the Initial Premises leases unto Tenant, and Tenant hereby leases and takes the Expansion Premises. As a result of such expansion, effective upon the Expansion Date, the deemed square footage of the Premises shall be and become 31,684 square feet and Tenant’s Prorata Share and Tenant’s Share of Expenses and Real Estate Taxes shall be one hundred percent (100.00%). (b) If Space from Landlord, for any reason whatsoeverthe Term, cannot at the rent and upon the terms and conditions hereinafter set forth. Landlord shall endeavor to deliver possession of the Expansion Premises Space to Tenant on or before August June 1, 2012 2002 (the "EXPANSION SPACE DELIVERY TARGET DATE"). Landlord shall not, however, be liable for any loss, liability, cost, damage or expense of any kind or type (including without limitation attorneys' fees) resulting from Landlord's failure to deliver possession of the purpose specified in Expansion Space on or before the Expansion Space Delivery target Date by reason of any holding over or wrongful retention of possession by any current or previous tenants or occupants of the same or of other space within the Building, or due to any other cause beyond the reasonable control of Landlord, nor shall such failure impair the validity of the Lease or this Amendment. 2.2 Subject to the terms of Section 3(c), 5 of this Amendment shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises until the day following which defines the date on which possession of the Expansion Premises Tenant is delivered obligated to Tenant (such date thereupon becoming the “Expansion Date” for purposes of this Amendment). Notwithstanding the foregoing, if Landlord is unable to deliver the Expansion Premises by August 1, 2012 (as extended day-for-day for each day of Force Majeure Delay) (the “Expansion Premises Outside Delivery Date”), then Tenant shall have the right, as its sole remedy, to terminate this Amendment to Lease by providing written notice to Landlord within fifteen (15) business days following the Expansion Premises Outside Delivery Date, in which event the Lease shall continue in full force and effect as if the parties had not entered into this Amendment and Landlord shall promptly return to Tenant the August, 2012 Base commence paying Rent for the Expansion Premises paid by Tenant pursuant to the provisions of Section 6(d). For purposes hereofSpace, the failure of the existing tenant of the Expansion Premises to vacate the Expansion Premises shall not be an event of Force Majeure Delay. (c) Notwithstanding the above, Tenant shall be entitled to early occupancy of the Expansion Premises at any time from and after the Expansion Premises Delivery Space Commencement Date for through the sole purposes expiration of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), provided that the Lease or the earlier termination thereof: (i) Tenant covenants and agrees that Tenant and Tenant’s employees, agents or contractors will cooperate with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors term "Premises" wherever it appears in the performance of the Landlord’s Expansion WorkLease, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about include the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section Space and such space shall be subject to all the terms of the terms Lease as modified by this Amendment; and conditions (ii) Section 1.C of the Lease, provided Lease shall be amended so that (x) the area of the Premises set forth in such Section shall not include the Expansion Premises until the Expansion Date, and be increased by two thousand nine hundred (y2,900) Tenant shall not be obligated to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Daterentable square feet of space. (d) Within five (5) business days after the Expansion Date, the parties shall execute a letter confirming the Expansion Date and certifying that Tenant has accepted delivery of the Premises, in form substantially similar to EXHIBIT “D” attached to the Lease (the “Expansion Date Memorandum”). Either party’s failure to request execution of, or to execute, the Expansion Date Memorandum shall not in any way alter the Expansion Date.

Appears in 1 contract

Sources: Office Lease (Pennsylvania Real Estate Investment Trust)

Expansion of Premises. Effective upon the earliest to occur of: (ai) Effective as of the date that the Expansion Date Improvements (as defined in Section 6 below) are substantially completed, or (ii) the Premises (and the definition of the “Premises”) shall be modified to mean and include both the Initial Premises and date that the Expansion Premises. As a result of such expansionImprovements would have been substantially completed except for Tenant-caused delays, effective upon or (iii) the Expansion Datedate that Tenant, the deemed square footage of the Premises shall be and become 31,684 square feet and Tenant’s Prorata Share and Tenant’s Share of Expenses and Real Estate Taxes shall be one hundred percent (100.00%). (b) If Landlord, for or any reason whatsoever, cannot deliver possession person occupying any of the Expansion Premises to Tenant on before August 1with Tenant’s permission, 2012 for the purpose specified in Section 3(c), this Amendment shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges with respect to commences business operations from the Expansion Premises until the day following the date on which possession of the Expansion Premises is delivered to Tenant (such earliest date thereupon becoming being the “Expansion Date” for purposes of this Amendment). Notwithstanding the foregoing, if Landlord is unable and estimated to deliver the Expansion Premises by be August 1, 2012 (2018), the Premises shall be expanded to include that certain Suite 1500, which contains approximately 2,616 rentable square feet on the Fifteenth Floor of the Building, as extended day-for-day for each day of Force Majeure Delay) further depicted on Exhibit A attached hereto (the “Expansion Premises Outside Delivery DatePremises”), then Tenant shall have the right, as its sole remedy, to terminate this Amendment to Lease by providing written notice to Landlord within fifteen (15) business days following the Expansion Premises Outside Delivery Date, in which event for a Term that is coterminous with the Lease shall continue in full force Term (which is currently scheduled to expire on November 30, 2022) and effect as if the parties had not entered into this Amendment and Landlord shall promptly return to Tenant the August, 2012 Base Rent for the Expansion Premises paid by Tenant pursuant to the provisions of Section 6(d). For purposes hereof, the failure of the existing tenant of the Expansion Premises to vacate the which Expansion Premises shall not be an event of Force Majeure Delay. (c) Notwithstanding the above, Tenant shall be entitled to early occupancy of the Expansion Premises at any time after the Expansion Premises Delivery Date for the sole purposes of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), provided that (i) Tenant covenants and agrees that Tenant and Tenant’s employees, agents or contractors will cooperate with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference leased by Tenant or Tenant’s employees, agents or contractors in the performance of the Landlord’s Expansion Work, (iii) Tenant upon and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section shall be subject to all of the existing terms and conditions provisions of the Lease, provided that (x) the Premises shall not include the Expansion Premises until except as otherwise amended herein. As of the Expansion Date, all references in the Lease to the “Premises” shall refer to both the Existing Premises and (y) Tenant shall not be obligated to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises for the period from and shall be stipulated to contain a total of 7,863 rentable square feet. Upon the Expansion Premises Delivery Date, Landlord shall prepare and deliver to Tenant, an expansion commencement certificate which Tenant shall acknowledge by executing a copy and returning it to Landlord. If Tenant fails to sign and return the expansion commencement certificate or provide to Landlord detailed comments thereto reasonably questioning the date set forth by Landlord within ten (10) days of its receipt from Landlord, the expansion commencement certificate as sent by Landlord shall be deemed to have correctly set forth the Expansion Date until and the other matters addressed in the expansion commencement certificate. Failure of Landlord to send the expansion commencement certificate shall have no effect on the Expansion Date. (d) Within five (5) business days after the Expansion Date, the parties shall execute a letter confirming the Expansion Date and certifying that Tenant has accepted delivery of the Premises, in form substantially similar to EXHIBIT “D” attached to the Lease (the “Expansion Date Memorandum”). Either party’s failure to request execution of, or to execute, the Expansion Date Memorandum shall not in any way alter the Expansion Date.

Appears in 1 contract

Sources: Lease (Catalyst Pharmaceuticals, Inc.)

Expansion of Premises. 2.1 Effective as of (a) Effective as June 1, 2004 (with respect to the 6,343 rentable square feet of the Expansion Date the Premises (and the definition of the “Premises”) shall be modified to mean and include both the Initial Premises and the Expansion Premises. As a result of such expansionEighth Floor Space depicted on EXHIBIT A-3 attached hereto), effective upon the Expansion Date, the deemed square footage of the Premises shall be and become 31,684 square feet and Tenant’s Prorata Share and Tenant’s Share of Expenses and Real Estate Taxes shall be one hundred percent (100.00%). (b) If July 15, 2004 (with respect to the balance of the Eighth Floor Space consisting of 9,058 rentable square feet), and (c) the date Landlord delivers to Tenant possession of the Ninth Floor Space in the condition required by this Amendment (each date, as applicable, being referred to herein as an "EXPANSION SPACE COMMENCEMENT DATE", and as applicable to the Ninth Floor Space, the "COMPLETE DELIVERY DATE"), Landlord hereby demises and leases unto Tenant, and Tenant hereby leases and takes the applicable Expansion Space from Landlord, for any reason whatsoeverthe Term, cannot at the rent and upon the terms and conditions hereinafter set forth. Landlord shall endeavor to deliver possession of the Expansion Premises to Tenant on before August 1Ninth Floor Space promptly after the Effective Date of this Amendment, 2012 for the purpose specified in Section 3(c), this Amendment shall not be void or voidable, however Landlord shall not be liable to Tenant for any loss loss, liability, cost, damage or damage expense of any kind or type (including without limitation attorneys' fees) resulting therefrom, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises until the day following the date on which from Landlord's delay in delivering possession of the Ninth Floor Space by any date certain by reason of any holding over or wrongful retention of possession by any current or previous tenants or occupants of the same or of other space within the Building, or due to any other cause beyond the reasonable control of Landlord, nor shall such delay impair the validity of the Lease or this Amendment. 2.2 From and after the applicable Expansion Premises is Space Commencement Date through the expiration of the Lease or the earlier termination thereof: (i) the term "Premises" wherever it appears in the Lease, shall include the applicable Expansion Space then delivered to Tenant (and such date thereupon becoming the “Expansion Date” for purposes of this Amendment). Notwithstanding the foregoing, if Landlord is unable to deliver the Expansion Premises by August 1, 2012 (as extended day-for-day for each day of Force Majeure Delay) (the “Expansion Premises Outside Delivery Date”), then Tenant shall have the right, as its sole remedy, to terminate this Amendment to Lease by providing written notice to Landlord within fifteen (15) business days following the Expansion Premises Outside Delivery Date, in which event the Lease shall continue in full force and effect as if the parties had not entered into this Amendment and Landlord shall promptly return to Tenant the August, 2012 Base Rent for the Expansion Premises paid by Tenant pursuant to the provisions of Section 6(d). For purposes hereof, the failure of the existing tenant of the Expansion Premises to vacate the Expansion Premises shall not be an event of Force Majeure Delay. (c) Notwithstanding the above, Tenant shall be entitled to early occupancy of the Expansion Premises at any time after the Expansion Premises Delivery Date for the sole purposes of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), provided that (i) Tenant covenants and agrees that Tenant and Tenant’s employees, agents or contractors will cooperate with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors in the performance of the Landlord’s Expansion Work, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section space shall be subject to all the terms of the terms Lease as modified by this Amendment; and conditions (ii) Section 1.C of the Lease, provided Lease shall be amended so that (x) the area of the Current Premises set forth in such Section shall not include be increased by the area of the Expansion Premises until the Expansion DateSpace then delivered to Tenant. Landlord and Tenant acknowledge that Landlord has delivered to Tenant, and (y) Tenant shall not be obligated to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Date. (d) Within five (5) business days after the Expansion Date, the parties shall execute a letter confirming the Expansion Date and certifying that Tenant has accepted delivery accepted, possession of the Premisesportion of the Eighth Floor Space depicted on EXHIBIT A-3 attached hereto as of June 1, in form substantially similar 2004; and further that Landlord has delivered to EXHIBIT “D” attached to Tenant, and Tenant has accepted, possession of the Lease (balance of the “Expansion Date Memorandum”). Either party’s failure to request execution ofEighth Floor Space as of July 15, or to execute, the Expansion Date Memorandum shall not in any way alter the Expansion Date2004.

Appears in 1 contract

Sources: Office Lease (Pennsylvania Real Estate Investment Trust)

Expansion of Premises. (a) Effective as of the Second Expansion Date (as hereafter defined), the Premises (and the definition of the “Premises”) approximately 2,447 rentable square foot Second Expansion Space shall be modified deemed added to mean and include both the Initial Premises and the Expansion Premises. As shall become a result of such expansion, effective upon the Expansion Date, the deemed square footage portion of the Premises shall be and become 31,684 square feet and Tenant’s Prorata Share and Tenant’s Share of Expenses and Real Estate Taxes shall be one hundred percent (100.00%). (b) If Landlord, demised under the Lease for any reason whatsoever, cannot deliver possession all purposes of the Expansion Premises to Tenant on before August 1, 2012 Lease for the purpose specified in Section 3(c), this Amendment shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises until the day following the date on which possession remainder of the Expansion Premises is delivered to Tenant (such date thereupon becoming the “Expansion Date” for purposes Term of this Amendment). Notwithstanding the foregoing, if Landlord is unable to deliver the Expansion Premises by August 1, 2012 (Lease as extended day-for-day for each day of Force Majeure Delay) (the “Expansion Premises Outside Delivery Date”), then Tenant shall have the right, by this Second Amendment. Except as its sole remedy, to terminate this Amendment to Lease by providing written notice to Landlord within fifteen (15) business days following the Expansion Premises Outside Delivery Date, in which event the Lease shall continue in full force and effect as if the parties had not entered into this Amendment and Landlord shall promptly return to Tenant the August, 2012 Base Rent for the Expansion Premises paid by Tenant pursuant to the provisions of Section 6(d). For purposes hereof, the failure of the existing tenant of the Expansion Premises to vacate the Expansion Premises shall not be an event of Force Majeure Delay. (c) Notwithstanding the above, Tenant shall be entitled to early occupancy of the Expansion Premises at any time after the Expansion Premises Delivery Date for the sole purposes of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), provided that (i) Tenant covenants and agrees that Tenant and Tenant’s employees, agents or contractors will cooperate with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors in the performance of the Landlord’s Expansion Work, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose otherwise provided in this Section shall be subject to Second Amendment, all of the terms and conditions provisions of the LeaseLease shall apply to the Second Expansion Space. The Term of this Lease as to the Second Expansion Space shall be co-terminous with the remainder of the Premises as provided in paragraph 2(a) of this Second Amendment. As used in this Second Amendment, provided the term “Second Expansion Date” shall mean (i) that date which is the last to occur of May 1, 2005 or (xii) the Premises date which is thirty (30) days immediately following the Delivery Date (as said term is hereafter defined). As used herein, the term “Delivery Date” shall not include mean that date on which Landlord shall deliver possession and control of the Second Expansion Premises until Space to Tenant free and clear of all claims and rights of possession of the third party (the “Existing Tenant”) which is presently in possession and control of the Second Expansion DateSpace. Landlord anticipates that the Delivery Date shall occur on or about May 1, and (y) Tenant shall not be obligated to pay monthly Base Rent or Additional Charges with respect 2005 subject to the Existing Tenant timely vacating the Second Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Date. Space. Within ten (d10) Within five (5) business days after the written request of either party, Landlord and Tenant shall execute and deliver a written memorandum confirming the Delivery Date and the Second Expansion Date. From and after the Delivery Date, Tenant and its employees and contractors shall be permitted to enter the Premises solely for the limited purpose of performing Tenant’s Work (as hereafter defined). Notwithstanding the foregoing to the contrary, in the event Tenant shall use or occupy the Second Expansion Space for the conduct of its business prior to the date which is thirty (30) days after the Delivery Date, such date of use shall be deemed the Second Expansion Date for all purposes of this Second Amendment. Effective as of the Second Expansion Date, the parties Lease shall execute a letter confirming be deemed amended in the Expansion Date and certifying that Tenant has accepted delivery of the Premises, in form substantially similar to EXHIBIT “D” attached to the Lease (the “Expansion Date Memorandum”). Either party’s failure to request execution of, or to execute, the Expansion Date Memorandum shall not in any way alter the Expansion Date.following respects:

Appears in 1 contract

Sources: Lease and Expansion Agreement (Ameresco, Inc.)

Expansion of Premises. (a) 2.1 Effective as of the Expansion Date the Premises (and the definition date Landlord delivers to Tenant possession of the Expansion Space (said date being referred to herein as the PremisesEXPANSION SPACE COMMENCEMENT DATE) shall be modified to mean ), Landlord hereby demises and include both the Initial Premises leases unto Tenant, and Tenant hereby leases and takes the Expansion Premises. As a result of such expansion, effective upon the Expansion Date, the deemed square footage of the Premises shall be and become 31,684 square feet and Tenant’s Prorata Share and Tenant’s Share of Expenses and Real Estate Taxes shall be one hundred percent (100.00%). (b) If Space from Landlord, for any reason whatsoeverthe Term, cannot at the rent and upon the terms and conditions hereinafter set forth. Landlord shall endeavor to deliver possession of the Expansion Premises Space to Tenant on or before August June 1, 2012 2002 (the “EXPANSION SPACE DELIVERY TARGET DATE”). Landlord shall not, however, be liable for any loss, liability, cost, damage or expense of any kind or type (including without limitation attorneys’ fees) resulting from Landlord’s failure to deliver possession of the purpose specified in Expansion Space on or before the Expansion Space Delivery target Date by reason of any holding over or wrongful retention of possession by any current or previous tenants or occupants of the same or of other space within the Building, or due to any other cause beyond the reasonable control of Landlord, nor shall such failure impair the validity of the Lease or this Amendment. 2.2 Subject to the terms of Section 3(c), 5 of this Amendment shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises until the day following which defines the date on which possession of the Expansion Premises Tenant is delivered obligated to Tenant (such date thereupon becoming the “Expansion Date” for purposes of this Amendment). Notwithstanding the foregoing, if Landlord is unable to deliver the Expansion Premises by August 1, 2012 (as extended day-for-day for each day of Force Majeure Delay) (the “Expansion Premises Outside Delivery Date”), then Tenant shall have the right, as its sole remedy, to terminate this Amendment to Lease by providing written notice to Landlord within fifteen (15) business days following the Expansion Premises Outside Delivery Date, in which event the Lease shall continue in full force and effect as if the parties had not entered into this Amendment and Landlord shall promptly return to Tenant the August, 2012 Base commence paying Rent for the Expansion Premises paid by Tenant pursuant to the provisions of Section 6(d). For purposes hereofSpace, the failure of the existing tenant of the Expansion Premises to vacate the Expansion Premises shall not be an event of Force Majeure Delay. (c) Notwithstanding the above, Tenant shall be entitled to early occupancy of the Expansion Premises at any time from and after the Expansion Premises Delivery Space Commencement Date for through the sole purposes expiration of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), provided that the Lease or the earlier termination thereof: (i) Tenant covenants and agrees that Tenant and Tenant’s employees, agents or contractors will cooperate with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors term “Premises” wherever it appears in the performance of the Landlord’s Expansion WorkLease, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about include the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section Space and such space shall be subject to all the terms of the terms Lease as modified by this Amendment; and conditions (ii) Section 1.C of the Lease, provided Lease shall be amended so that (x) the area of the Premises set forth in such Section shall not include the Expansion Premises until the Expansion Date, and be increased by two thousand nine hundred (y2,900) Tenant shall not be obligated to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Daterentable square feet of space. (d) Within five (5) business days after the Expansion Date, the parties shall execute a letter confirming the Expansion Date and certifying that Tenant has accepted delivery of the Premises, in form substantially similar to EXHIBIT “D” attached to the Lease (the “Expansion Date Memorandum”). Either party’s failure to request execution of, or to execute, the Expansion Date Memorandum shall not in any way alter the Expansion Date.

Appears in 1 contract

Sources: Office Lease (Pennsylvania Real Estate Investment Trust)

Expansion of Premises. (a) Effective as of the Expansion Date the Premises (and the definition of the “Premises”) shall be modified to mean and include both the Initial Premises and the Expansion Premisesa. EXPANSION SPACE #1. As a result of such expansion, effective upon the Expansion Date, the deemed square footage of the Premises shall be and become 31,684 square feet and Tenant’s Prorata Share and Tenant’s Share of Expenses and Real Estate Taxes shall be one hundred percent (100.00%). (b) If Landlord, for any reason whatsoever, cannot deliver Landlord may tender possession of the Expansion Premises Space #1 to Tenant on before August 1, 2012 for the purpose specified in Section 3(c), this Amendment shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises until the day following the date on which possession of the Expansion Premises is delivered to Tenant (such date thereupon becoming the “Expansion Date” for purposes of this Amendment). Notwithstanding the foregoing, if Landlord is unable to deliver the Expansion Premises by August 1, 2012 (as extended day-for-day for each day of Force Majeure Delay) (the “Expansion Premises Outside Delivery Date”), then Tenant shall have the right, as its sole remedy, to terminate this Amendment to Lease by providing written notice to Landlord within fifteen (15) business days following the Expansion Premises Outside Delivery Date, in which event the Lease shall continue in full force and effect as if the parties had not entered into this Amendment and Landlord shall promptly return to Tenant the August, 2012 Base Rent for the Expansion Premises paid by Tenant pursuant to the provisions of Section 6(d). For purposes hereof, the failure of the existing tenant of the Expansion Premises to vacate the Expansion Premises shall not be an event of Force Majeure Delay. (c) Notwithstanding the above, Tenant shall be entitled to early occupancy of the Expansion Premises at any time after the SEMI has vacated and surrendered Expansion Premises Delivery Date for the sole purposes Space #1 to Landlord and prior to July 1, 2000. If Landlord has not then already tendered possession of (Expansion Space #1 to Tenant, Landlord shall tender possession of Expansion Space #1 to Tenant on July 1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), 2000, provided that (i) Tenant covenants if SEMI has not vacated and agrees that Tenant and Tenant’s employeessurrendered possession of Expansion Space #1 to Landlord on or before June 30, agents or contractors will cooperate with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work2000, (ii) Landlord shall have no liability thereafter make commercially reasonable efforts to Tenant for delays in completing the Landlord’s cause SEMI to vacate and surrender Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors in the performance of the Landlord’s Expansion Work, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion WorkSpace #1 Premises as soon as possible, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section shall be subject to all of the terms and conditions of the Lease, provided that (x) the Premises shall not include the Expansion Premises until the Expansion Date, and (y) Tenant shall not be obligated to pay monthly Base tender possession of Expansion Space #1 to Tenant until SEMI has vacated and surrendered possession of Expansion Space #1 to Landlord. Tenant shall accept possession of Expansion Space #1 from Landlord on the date Landlord tenders possession of it in accordance with this Second Amendment. Landlord shall tender possession of Expansion Space #1 in broom-clean condition and with all building operating systems, including heating, ventilating and air conditioning systems ("HVAC"), in good working condition. The date Landlord tenders possession of Expansion Space #1 to Tenant in accordance with this Second Amendment is the "EXPANSION SPACE #1 COMMENCEMENT DATE". Effective on and after the Expansion Space #1 Commencement Date, Expansion Space #1 shall constitute part of the Premises, and each reference in the Prior Lease to the "Premises" shall include Expansion Space #1. Tenant shall commence paying Rent or Additional Charges with respect to Expansion Space #1 on the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Date. (d) Within five (5) business day which is 31 days after the Expansion DateSpace #1 Commencement Date as provided below in Section 5 of this Second Amendment. Promptly after the Expansion Space #1 Commencement Date occurs, the parties Landlord and Tenant shall execute a letter confirming the Expansion Date and certifying that Tenant has accepted delivery of the Premises, in form substantially similar to EXHIBIT “D” attached deliver an amendment to the Lease (stating the actual Expansion Date Memorandum”)Space #1 Commencement Date. Either party’s failure Expansion Space #1 shall be conclusively deemed to request execution of, or contain 14,273 rentable square feet of space for all purposes related to execute, the Expansion Date Memorandum shall not in any way alter the Expansion DateLease.

Appears in 1 contract

Sources: Lease Agreement (Ditech Corp)

Expansion of Premises. a. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord approximately 4,303 additional rentable square feet (aincluding 3,808 usable square feet) Effective of contiguous space on the second floor to be known as ▇▇▇▇▇ ▇▇▇ ("▇▇▇▇▇ ▇▇▇") for the entire term of the Lease (which is extended as provided in Section 4 below) upon and subject to the terms, covenants and conditions set forth in the Lease, as modified by this Amendment. Landlord shall deliver Suite 210 to Tenant on the Expansion Date (defined below). The premises originally demised under the Lease are referred to in this Amendment as "Suite 200." On the Expansion Date the Premises (and the definition lease shall be deemed modified as follows: i. Suite 210 shall become a part of the Premises”) shall be modified to mean and include both the Initial Premises and the Expansion Premises. As a result of such expansion, effective upon the Expansion Date, the deemed square footage of the Premises shall be and become 31,684 square feet and Tenant’s Prorata Share and Tenant’s Share of Expenses and Real Estate Taxes shall be one hundred percent (100.00%). (b) If Landlord, for any reason whatsoever, cannot deliver possession of the Expansion Premises to Tenant on before August 1, 2012 for the purpose specified in Section 3(c), this Amendment shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises until the day following the date on which possession of the Expansion Premises is delivered to Tenant (such date thereupon becoming the “Expansion Date” for purposes of this Amendment). Notwithstanding the foregoing, if Landlord is unable to deliver the Expansion Premises by August 1, 2012 (as extended day-for-day for each day of Force Majeure Delay) (the “Expansion Premises Outside Delivery Date”), then Tenant shall have the right, as its sole remedy, to terminate this Amendment to Lease by providing written notice to Landlord within fifteen (15) business days following the Expansion Premises Outside Delivery Date, in which event the Lease shall continue in full force and effect as if the parties had not entered into this Amendment and Landlord shall promptly return to Tenant the August, 2012 Base Rent for the Expansion Premises paid by Tenant pursuant to the provisions of Section 6(d). For purposes hereof, the failure of the existing tenant of the Expansion Premises to vacate the Expansion Premises shall not be an event of Force Majeure Delay. (c) Notwithstanding the above, Tenant shall be entitled to early occupancy of the Expansion Premises at any time after the Expansion Premises Delivery Date for the sole purposes of (1) installing Tenant’s furniture and telephone and other communications cabling and (2) performing Tenant’s Expansion Work (defined below), provided that (i) Tenant covenants and agrees that Tenant and Tenant’s employees, agents or contractors will cooperate with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors in the performance of the Landlord’s Expansion Work, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section shall be subject to all of the terms and conditions of the LeaseLease as amended by this Amendment; ii. the aggregate "Premises" shall be deemed to measure 12,611 rentable square feet of space; iii. the floor plan attached as Exhibit A to this Amendment shall --------- be added to the floor plan attached to the Lease as Exhibit A; and iv. Tenant's Percentage shall equal 5.79%. b. Landlord shall have no obligation whatsoever to construct leasehold improvements for Tenant or to repair or refurbish Suite 210, provided that (x) the Premises shall not include the Expansion Premises until the Expansion Date, and (y) Tenant shall not be obligated to pay monthly Base Rent except as specifically set forth in Section 2 of this Amendment. Landlord or Additional Charges Landlord's agents have made no representations or promises with respect to the Expansion Premises Building, Suite 210 or this Lease except as expressly set forth in the Lease. The taking of possession of Suite 210 by Tenant shall be conclusive evidence that Tenant accepts the same "as is" and that Suite 210 is suited for the period from use intended by Tenant and was in good and satisfactory condition at the Expansion Premises Delivery Date until the Expansion Date. time such possession was taken. Tenant represents and warrants to Landlord that (da) Within five its sole intended use of Suite 210 is for general office use which has no special requirements, including but not limited to, special security requirements, (5b) business days after the Expansion Dateit does not intend to use Suite 210 for any other purpose, the parties shall execute a letter confirming the Expansion Date and certifying that Tenant (c) prior to executing this Lease it has accepted delivery of the Premises, in form substantially similar to EXHIBIT “D” attached made such investigations as it deems appropriate with respect to the Lease (the “Expansion Date Memorandum”). Either party’s failure to request execution of, or to execute, the Expansion Date Memorandum shall not in any way alter the Expansion Datesuitability of Suite 210 for its intended use and has determined that Suite 210 is suitable for such intended use.

Appears in 1 contract

Sources: Office Building Lease (Intek Information Inc)

Expansion of Premises. Landlord and Tenant acknowledge that under existing governmental land use and zoning laws and ordinances, the Buildings may be expanded by an estimated 27,000 square feet collectively (the “Maximum Addition”). Subject to the terms of Section 15(e) with regard to the termination of Tenant’s expansion rights, at any time during the initial term of this Lease or any Renewal Term, Tenant may elect to have Landlord expand the Premises by adding to either or both Buildings a certain square footage (the “Expansion Area”) provided that no Building may be expanded at any one time by less than 12,000 square feet and collectively over the term of this Lease, the expansion(s) shall not exceed the Maximum Addition. Landlord and Tenant shall enter into an amendment (the “Expansion Amendment”) to this Lease within thirty (30) days following Tenant’s notice of its expansion election to Landlord or as soon thereafter as feasible as more particularly described in Section 50(e). The Expansion Amendment shall provide, inter alia, the following: (a) Effective as of the The Expansion Date the Premises (and the definition of the “Premises”) Area shall be modified to mean and include both the Initial Premises and the Expansion Premises. As become a result of such expansion, effective upon the Expansion Date, the deemed square footage part of the Premises and shall be subject to the same benefits and become 31,684 square feet burdens as provided for the Premises under this Lease and Tenant’s Prorata Share and TenantLandlord’s Share of Expenses rights and Real Estate Taxes obligations with respect to the Premises shall be one hundred percent (100.00%)extend to the Expansion Area. (b) If Landlord, for any reason whatsoever, cannot deliver possession of the Expansion Premises to Tenant on before August 1, 2012 for the purpose specified in Section 3(c), The provisions under this Amendment shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and Tenant shall have no obligation to pay monthly Base Rent or Additional Charges Lease with respect to the initial Premises regarding the payment of Rental and all other Rent due shall also be applicable to the Expansion Premises until Area except that the day following annual minimum rent for the Expansion Area shall be calculated as follows (subject to recalculation for the cost of change orders not contemplated in the then most recently established Rental for the Expansion Area) and shall commence on the date on which that is thirty (30) days after Landlord’s delivery of possession of the substantially completed Expansion Premises is delivered Area to Tenant (such date thereupon becoming the “Expansion Date” prorated for purposes of this Amendment). Notwithstanding the foregoing, if Landlord is unable to deliver the Expansion Premises by August 1, 2012 (as extended day-for-day for each day of Force Majeure Delay) (the “Expansion Premises Outside Delivery Date”any partial month), then Tenant and the same shall have be payable in equal monthly installments together with the right, as its sole remedy, to terminate Rental described in this Amendment to Lease by providing written notice to Landlord within fifteen (15) business days following the Expansion Premises Outside Delivery Date, in which event the Lease shall continue in full force and effect as if the parties had not entered into this Amendment and Landlord shall promptly return to Tenant the August, 2012 Base Rent for the Expansion Premises initial Premises: The greater of Eleven percent (11%) or the Current Rate (defined herein) of the sum of: (i) any brokerage fees—commissions paid by Tenant pursuant to Landlord in connection with the provisions of Section 6(d). For purposes hereof, the failure expansion and any extended term required thereby; plus (ii) one hundred twenty percent (120%) of the existing tenant out-of-pocket construction costs of the construction of the Expansion Premises Area, including without limitation hard costs such as the payments to vacate general contractor, other contractors and for materials and individual laborers and soft costs such as consulting fees, impact and permitting fees, architectural and engineering fees, builder’s risk insurances premiums payment and performance bonds, and construction financing costs (provided that the Expansion Premises construction financing costs shall not exceed three percent (3%) of the other construction costs). (Example: if the construction costs equal $700,000 for a 10,000 square foot addition and the related brokerage commission is $27,000, then the additional annual minimum rent due thereon shall be an event $95,370, payable in monthly installments of Force Majeure Delay$7,947.50, assuming that the eleven percent (11%) rate is applicable.) The “Current Rate” shall be equal to the sum of 300 basis points plus the Prime Rate (hereafter defined). The “Prime Rate” shall be the interest rate published under such title by the Wall Street Journal (or such other publication in the absence of the former) on the first publication date following the Tenant’s written notice of its expansion election to Landlord, or a comparable rate or index as of such date in the absence of a published prime rate. (c) All remaining termination options, if any, shall be deemed cancelled and of no further force or effect and a new ten (10) year Lease term shall automatically be instituted for the previously existing Premises and the Expansion Area effective as of the first day of the first full month following Landlord’s delivery of possession of the substantially completed Expansion Area, or on the date of delivery if such date shall be the first day of the month. The new ten (10) year Lease term shall be treated like a Renewal Term with respect to the covenants of both parties under this Lease but shall not be deducted from the number of then remaining Renewal Terms under Section 3(b), all of which remaining Renewal Terms shall be exercisable in accordance with said Section 3(b) to be effective upon the expiration of the new term and subsequently exercised Renewal Terms. Notwithstanding anything to the abovecontrary herein, the continuing five (5) year anniversary scheduled under Section 4(a) shall remain as scheduled based upon the original Rent Commencement Date with respect to the initial Premises leased to Tenant hereunder and the Rental pertaining thereto. With respect to any new Expansion Area, the same percentage Rental increases shall be applied to the increase in Rental attributable to the Expansion Area provided that each five (5) year anniversary shall be based upon the rent commencement date for said Expansion Area and not any prior rent commencement date. Notwithstanding potentially different five (5) year anniversary dates for Rental increases for the initial Premises and any expansions thereof, the term of the Lease for all Expansion Areas shall be coterminous with the term of the Lease for the initial Premises as automatically instituted pursuant to this Section 50(c) and as may thereafter be renewed pursuant to Section 3(b). If no Renewal Term then exists, Tenant shall be entitled to early occupancy of the Expansion Premises at any time after the Expansion Premises Delivery Date for the sole purposes of granted one (1) installing Tenant’s furniture and telephone additional ten (10) year renewal option with the same notice and other communications cabling and (2requirements set forth in Section 3(b) performing Tenant’s Expansion Work (defined below), provided that (i) Tenant covenants and agrees that Tenant and Tenant’s employees, agents or contractors will cooperate with Landlord to coordinate the performance and completion of the Landlord’s Expansion Work concurrently with Tenant’s Expansion Work, (ii) Landlord shall have no liability to Tenant for delays in completing the Landlord’s Expansion Work which result from, are caused by or arise out of the interference by Tenant or Tenant’s employees, agents or contractors in the performance of the Landlord’s Expansion Work, (iii) Tenant and Tenant’s employees, agents and contractors shall promptly comply with any and all requests made by Landlord or Landlord’s contractor(s) that Tenant remove its property from those areas in or around which Landlord is performing the Landlord’s Expansion Work, and (iv) Landlord shall not be liable for, Tenant hereby waives all claims which Tenant may have against the Landlord Parties, and Tenant shall indemnify and hold harmless Landlord from and defend Landlord against any and all claims or liability for any injury or damage to any person or property in or about the Expansion Premises resulting from or arising out of or in connection with the performance of Tenant’s Expansion Work (except to the extent arising from the negligence or willful misconduct of Landlord). Tenant’s early occupancy of the Expansion Premises for the sole purpose provided in this Section shall be subject to all of the terms and conditions of the Lease, provided that (x) the Premises shall not include the Expansion Premises until the Expansion Date, and (y) Tenant shall not be obligated to pay monthly Base Rent or Additional Charges with respect to the Expansion Premises for the period from the Expansion Premises Delivery Date until the Expansion Datebeing applicable thereto. (d) Within Tenant shall provide Landlord with all site plans and architectural plans and specifications (collectively, the “Plans”) necessary for contract bidding and permitting. The Plans shall be prepared by Florida licensed architects and, as applicable, engineers, all at Tenant’s sole cost and expense. Subject to Landlord’s approval of the Plans, not to be unreasonably withheld, Landlord shall submit the Plans to at least three (3) Florida licensed general contractors, up to two (2) of which may be named by Tenant, requesting bids for fixed cost contracts for construction of the Expansion Area (including all related site work). All bids received within forty-five (545) business days after following requests for bids to the first general contractor shall be reviewed by both Landlord and Tenant and one general contractor shall be agreed upon by Landlord and Tenant provided that if Landlord and Tenant’s first selection shall be of different general contractors, the lower bid contractor between the two (2) selected shall be awarded the contract, subject to the ability of Landlord to thereafter enter into a contract with the winning contractor. (e) Upon calculation of the added Rental pursuant to this Section 50, Landlord and Tenant shall enter into the Expansion Date, the parties shall execute a letter confirming Amendment establishing the Expansion Date and certifying that Tenant has accepted delivery Area as part of the Premises, in form substantially similar Premises and adjusting the Rental accordingly (subject to EXHIBIT “D” attached recalculation for the cost of subsequent change orders) and Tenant shall also deliver to Landlord a written affirmation from Guarantor of its continuing Guaranty and a recalculation of the Lease aggregate amount of such Guaranty equal to 105% of the Rental for the Premises plus real property taxes (as estimated based upon the “Expansion Date Memorandum”). Either party’s failure to request execution of, or to execute, then most recent tax ▇▇▇▇ plus the then millage rate multiplied by the cost of construction of the Expansion Date Memorandum shall not in any way alter Area), inclusive of the Expansion DateArea, for the new term established pursuant to Section 50(c), which recalculation shall be effective upon the commencement of such new term and an election by Tenant and Guarantor with respect to their election of one of the three (3) criteria as described in Exhibit “F”.

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Sources: Sublease Agreement (Knology Inc)