Expansion Space. Subject to the terms and conditions contained in the following sections, Lessee shall be obligated to lease that certain space contiguous to the Premises known as Suite 325 which contains approximately 1,308 rentable square feet (the "Expansion Space") as soon as it becomes available to Lessor for leasing. 34.1 Whenever the current tenant of the Expansion Space vacates the same such that the Expansion Space is available to Lessor to re-lease, Lessor shall notify Lessee in writing that the Expansion Space is available. Within ten (10) days after receiving such notice, Lessee shall execute a lease amendment in the form attached hereto and incorporated herein by this reference as Exhibit "D." 34.2 The effective date of Lessee's leasing of the Expansion Space shall be the date Lessor delivers the Expansion Space to Lessee with the Expansion Improvements (as defined in Section 34.3 below) substantially complete. Lessor shall give Lessee ten (10) days' prior notice of the date that Lessor anticipates completing the Expansion Improvements and delivering the Expansion Space to Lessee. Lessee's leasing of the Expansion Space shall be for the same term, and upon the same terms, covenants, and conditions set forth in this Lease, except as follows: (i) Base Monthly Rental shall be increased by an amount equal to the then-applicable per square foot rental rate set forth in Section 3.1.1 of this Lease (or otherwise calculable based on the monthly figures set forth in such section) multiplied by 1,308, provided, however, if the effective date of Lessee's leasing of the Expansion Space shall occur prior to September 1, 2000, Base Monthly Rental owing under this Lease from such effective date through August 31, 2000, shall be increased by an amount equal to One and 95/100 Dollars ($1.95) multiplied by 1,308, and thereafter increased in accordance with the table set forth in Section 3.1.1 of this Lease. (ii) Lessee's pro rata share of Operating Expenses, as set forth in Section 11.3 of this Lease, shall be increased by a percentage determined by multiplying 100 times the result of dividing the square footage of the Expansion Space by the rentable area of the Building. 34.3 Prior to delivering possession of the Expansion Space to Lessee, Lessor shall, at its sole cost and expense, complete those mutually agreed upon improvements set forth in the plans and specifications attached hereto and incorporated herein by this reference as Exhibit "I" (the "Expansion Improvements"). If Tenant makes any changes to the plans and specifications attached hereto that results in an increase in Lessor's costs to complete the Expansion Improvements, Lessee shall be solely responsible for such increased costs and shall reimburse Lessor for such increased costs upon receipt from Lessor of evidence of such increased costs. Other than the Expansion Improvements to be completed by Lessor, Lessee agrees to accept possession of the Expansion Space in its then-existing "as-is" condition."
Appears in 1 contract
Sources: Lease Agreement (Svi Solutions Inc)
Expansion Space. Subject At any time prior to the terms one (1) year anniversary of the Lease Commencement Date, the Tenant originally executing this Lease (the "Original Tenant") and conditions contained in any Permitted Assignee (as defined below) shall have the following sectionsone-time right ("Tenant's Expansion Right"), Lessee shall be obligated by written notice from Tenant to Landlord (the "Expansion Exercise Notice"), to lease the portion of the third (3rd) floor of the Building that certain space contiguous to is not a part of the Premises known as Suite 325 which contains approximately 1,308 rentable square feet of the Effective Date (the "Expansion Space") as soon as it becomes available for a term commencing on the date (the "Expansion Space Commencement Date") that is the earlier to Lessor for leasing.
34.1 Whenever the current tenant occur of (i) Tenant's occupancy of the Expansion Space vacates and its conduct of business therefrom, or (ii) April 1, 2029, and ending upon the same expiration of this Lease as respects to the Premises initially leased hereunder (the "Original Premises"), as such that Lease Term may be extended. Tenant must exercise Tenant's Expansion Right, if at all, with respect to all of the Expansion Space. If Tenant leases the Expansion Space is available pursuant to Lessor this Section 1.3, then (a) Landlord and Tenant shall enter into a written amendment to re-lease, Lessor shall notify Lessee in writing that the Expansion Space is available. Within ten (10) days after receiving such notice, Lessee shall execute a lease amendment in the form attached hereto and incorporated herein by this reference as Exhibit "D."
34.2 The effective date of Lessee's leasing of the Expansion Space shall be the date Lessor delivers Lease adding the Expansion Space to Lessee with the Expansion Improvements (as defined in Section 34.3 below) substantially complete. Lessor shall give Lessee ten (10) days' prior notice Premises on all of the date that Lessor anticipates completing the Expansion Improvements and delivering the Expansion Space to Lessee. Lessee's leasing of the Expansion Space shall be for the same term, and upon the same terms, covenants, terms and conditions set forth in this Lease, except Lease as follows:
(i) Base Monthly Rental shall be increased by an amount equal to the then-applicable per square foot rental rate set forth in Section 3.1.1 of this Lease Original Premises, (or otherwise calculable based on the monthly figures set forth in such sectionb) multiplied by 1,308, provided, however, if the effective date of Lessee's leasing of the Expansion Space Landlord shall occur prior to September 1, 2000, Base Monthly Rental owing under this Lease from such effective date through August 31, 2000, shall be increased by an amount equal to One and 95/100 Dollars ($1.95) multiplied by 1,308, and thereafter increased in accordance with the table set forth in Section 3.1.1 of this Lease.
(ii) Lessee's pro rata share of Operating Expenses, as set forth in Section 11.3 of this Lease, shall be increased by a percentage determined by multiplying 100 times the result of dividing the square footage of the Expansion Space by the rentable area of the Building.
34.3 Prior to delivering possession of deliver the Expansion Space to Lessee, Lessor shall, at its sole cost Tenant and expense, complete those mutually agreed upon improvements set forth in the plans and specifications attached hereto and incorporated herein by this reference as Exhibit "I" (the "Expansion Improvements"). If Tenant makes any changes to the plans and specifications attached hereto that results in an increase in Lessor's costs to complete the Expansion Improvements, Lessee shall be solely responsible for such increased costs and shall reimburse Lessor for such increased costs upon receipt from Lessor of evidence of such increased costs. Other than the Expansion Improvements to be completed by Lessor, Lessee agrees to accept possession of otherwise take the Expansion Space in its then-existing then "as-as- is" state and condition.", (c) the Lease Term with respect to the Expansion Space shall commence Docusign Envelope ID: 5DE73501-8C5C-4E6E-96B1-0423E835E57AE2AF5422 D231- 4EC- 97B-A39CF5CF9824
Appears in 1 contract
Sources: Office Lease (GRAIL, Inc.)
Expansion Space. (a) Subject to all of the terms and conditions of the Lease (except as expressly set forth in this First Amendment), Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, (i) Phase 1 for a term commencing on the date of this First Amendment and ending on the last day of the Term (as it may be extended pursuant to the terms of the Lease), and (ii) Phase 2 for a term commencing on the date on which exclusive possession of Phase 2 is delivered to Tenant (the “Phase 2 Commencement Date”) and ending on the last day of the Term (as it may be extended pursuant to the terms of the Lease). The Phase 2 Commencement Date is estimated to occur on or about June 10, 2022. Tenant acknowledges and agrees that Tenant hereby leases the Expansion Space in its “AS IS,” “WHERE IS” condition, without representations or warranties, express or implied, in fact or by law, of any kind, and without recourse to Landlord.
(b) Notwithstanding anything to the contrary contained in the following sectionsLease, Lessee shall be obligated to lease that certain space contiguous to the Premises known as Suite 325 which contains approximately 1,308 rentable square feet (the "Expansion Space") as soon as it becomes available to Lessor for leasing.
34.1 Whenever the current tenant of the Expansion Space vacates the same such that the Expansion Space is available to Lessor to re-lease, Lessor shall notify Lessee in writing that the Expansion Space is available. Within ten (10) days after receiving such notice, Lessee shall execute a lease amendment in the form attached hereto and incorporated herein by this reference as Exhibit "D."
34.2 The effective date of Lessee's leasing of the Expansion Space shall be the date Lessor delivers the Expansion Space to Lessee used only for general office use in a manner consistent with First Class Life Sciences Projects, in compliance with, and subject to, Applicable Laws as-of-right and otherwise in compliance with the Expansion Improvements (as defined in Section 34.3 below) substantially complete. Lessor shall give Lessee ten (10) days' prior notice terms of the date that Lessor anticipates completing Lease as amended hereby.
(c) Notwithstanding anything to the Expansion Improvements contrary, commencing on the later to occur of (i) the Phase 2 Commencement Date and delivering (ii) September 1, 2022 (such later date, the Expansion Space “ES RCD”), Base Rent during the Initial Term with respect to Lessee. Lessee's leasing of the Expansion Space shall be paid in the following amounts, prorated for the same termany partial months, and upon otherwise in accordance with the same terms, covenants, and conditions set forth in this terms of the Lease, except as follows:
(i) : Period of Time Annual Base Rent Monthly Rental shall be increased by an amount equal to the then-applicable Installment Per RSF1 1 The Base Rent per square foot rental rate set forth in Section 3.1.1 of this Lease (or otherwise calculable based on the monthly figures set forth in such section) multiplied by 1,308, provided, however, if the effective date of Lessee's leasing RSF of the Expansion Space increases by Two and 75/100 percent (2.75%) on 5/1/24 and annually thereafter. * Notwithstanding anything to the contrary, so long as Tenant is not in default of any of its obligations under the Lease beyond any applicable notice and cure period, Base Rent with respect to the Expansion Space only for the 8-month period commencing on the ES RCD shall occur prior to be 100% abated.
(d) Commencing on September 1, 2000, Base Monthly Rental owing under this Lease from such effective date through August 31, 2000, shall be increased by an amount equal to One and 95/100 Dollars ($1.95) multiplied by 1,3082022, and thereafter increased in accordance through the end of the Lease Term, Tenant shall pay Direct Expenses for the Expansion Space, and “Tenant’s Share” with the table set forth in Section 3.1.1 of this Lease.
(ii) Lessee's pro rata share of Operating Expenses, as set forth in Section 11.3 of this Lease, shall be increased by a percentage determined by multiplying 100 times the result of dividing the square footage of respect to the Expansion Space by the rentable area of the Building.
34.3 Prior shall mean Nine and 67/100 percent (9.67%) (i.e., 6,582/68,082), it being understood and agreed that Tenant shall pay for Direct Expenses with respect to delivering possession of the Expansion Space to Lessee, Lessor shall, at its sole cost from and expense, complete those mutually agreed upon improvements set forth in the plans and specifications attached hereto and incorporated herein by this reference as Exhibit "I" (the "Expansion Improvements"). If Tenant makes any changes to the plans and specifications attached hereto that results in an increase in Lessor's costs to complete the Expansion Improvements, Lessee shall be solely responsible for after such increased costs and shall reimburse Lessor for such increased costs upon receipt from Lessor of evidence of such increased costs. Other than the Expansion Improvements to be completed by Lessor, Lessee agrees to accept possession of the Expansion Space in its then-existing "as-is" conditiondate."
Appears in 1 contract
Sources: Lease (Cogent Biosciences, Inc.)
Expansion Space. Subject (a) Provided that on the date Tenant exercises the Expansion Option and on the ES Inclusion Date (i) this Lease shall not have been terminated, (ii) Tenant shall not be in default in the payment of any Rent and no other Event of Default shall have occurred and be continuing, (iii) this Lease shall not have been assigned (except as permitted under Section 5.01(b) and Section 5.01(c)) or the Premises sublet, in whole or in part, and the named Tenant herein (i.e., T▇▇▇▇▇ W▇▇▇▇▇ Partners Group LLC, the “Named Tenant”) or any Affiliate of the Named Tenant to which this Lease may have been assigned pursuant to Section 5.01(c) or any successor entity to the terms and conditions contained Named Tenant described in Section 5.01(b) (such Affiliate or successor entity, each, a “Named Tenant Permitted Assignee”) has not, directly or indirectly, parted with possession of all or any part of the Premises (other than to any Desk Space User in accordance with Section 5.01(d) below), Tenant shall have the option (the “Expansion Option”) to lease the space on the 14th floor of the Building substantially as shown hatched on the floor plan annexed as Exhibit B-1 (the “Expansion Space”). The Expansion Option shall be exercisable by Tenant giving Landlord notice thereof (the “Expansion Notice”) on or before the date occurring in the following sectionsfourth (4th) month after the Commencement Date which is the same numerical date in the month as the Commencement Date, Lessee except that if no same numerical date shall exist in such fourth (4th) month, the Expansion Notice shall be obligated given on or before the last day of such fourth (4th) month (time being of the essence). If Tenant shall fail to lease that certain space contiguous timely give the Expansion Notice, Tenant shall be deemed to have irrevocably waived the Premises known as Suite 325 which contains approximately 1,308 rentable square feet (the "Expansion Space") as soon as it becomes available to Lessor for leasingOption.
34.1 Whenever (b) If Tenant timely gives the current tenant Expansion Notice, then, on the date on which Landlord delivers vacant possession of the Expansion Space vacates the same such that to Tenant with Landlord’s Initial Work in the Expansion Space is available to Lessor to re-leasesubstantially completed within the meaning of the last sentence of Section 8.01(d) (the “ES Inclusion Date”), Lessor shall notify Lessee in writing that the Expansion Space is available. Within ten (10) days after receiving such notice, Lessee shall execute a lease amendment in the form attached hereto and incorporated herein by this reference as Exhibit "D."
34.2 The effective date of Lessee's leasing of the Expansion Space shall be the date Lessor delivers the Expansion Space to Lessee with the Expansion Improvements (as defined in Section 34.3 below) substantially complete. Lessor shall give Lessee ten (10) days' prior notice become part of the date that Lessor anticipates completing the Expansion Improvements and delivering the Expansion Space to Lessee. Lessee's leasing Premises, upon all of the Expansion Space shall be for the same term, and upon the same terms, covenants, terms and conditions set forth in this Lease, except as followsthat:
(i) Base Monthly Rental the Fixed Rent payable pursuant to Section 2.02 shall be increased by an amount equal to (x) for the then-applicable per square foot rental rate set forth in Section 3.1.1 of this Lease (or otherwise calculable based period commencing on the monthly figures set forth date occurring in the eighth (8th) month after the ES Inclusion Date which is the same numerical date in the month as the ES Inclusion Date or, if no same numerical date shall exist in such sectioneighth (8th) multiplied by 1,308month, provided, however, if the effective last day of such eighth (8th) month (such date of Lessee's leasing being the “Expansion Space Rent Commencement Date”) and ending on the day immediately preceding the 3rd anniversary of the Expansion Space shall occur prior to September 1Rent Commencement Date, 2000Six Hundred Sixty-Three Thousand and 00/100 Dollars ($663,000) per annum, Base Monthly Rental owing under this Lease from such effective date through August 31(y) for the period commencing on the 3rd anniversary of the Expansion Space Rent Commencement Date and ending on the day immediately preceding the 5th anniversary of the Expansion Space Rent Commencement Date, 2000Six Hundred Ninety-Three Thousand Six Hundred and 00/100 Dollars ($693,600) per annum and (z) for the period commencing on the 5th anniversary of the Expansion Space Rent Commencement Date and ending on the Expiration Date, Seven Hundred Fifty-Four Thousand Eight Hundred and 00/100 Dollars ($754,800) per annum;
(ii) Tenant’s Tax Share shall be increased by an amount equal to One four and 95/100 four tenths percent (4.4%);
(iii) Tenant’s Operating Share shall be increased by four and four tenths percent (4.4%);
(iv) Landlord’s Contribution shall be increased by Three Hundred Sixty-Seven Thousand and 00/100 Dollars ($1.95367,000);
(v) multiplied the Expiration Date shall be extended to the last day of the calendar month in which occurs the ten (10) year, eight (8) month anniversary of the day preceding the ES Inclusion Date; and
(vi) the Security Deposit or Letter of Credit shall be increased by 1,308Four Hundred Forty-Two Thousand and 00/100 Dollars ($442,000), and thereafter increased Tenant shall deliver such increase in the Security Deposit or Letter of Credit to Landlord on or before the ES Inclusion Date, and if Tenant fails to do so, the ES Inclusion Date shall nevertheless occur but Tenant shall not be permitted to occupy the Expansion Space until Tenant so delivers such Security Deposit or Letter of Credit.
(c) Promptly after the occurrence of the ES Inclusion Date, Landlord and Tenant shall confirm the occurrence thereof; the Expiration Date and the inclusion of the Expansion Space in the Premises by executing an instrument reasonably satisfactory to Landlord and Tenant; provided, that failure by Landlord or Tenant to execute such instrument shall not affect the inclusion of the Expansion Space in the Premises in accordance with this Section 1.05.
(i) Landlord shall exercise diligent efforts to cause the table set forth in ES Inclusion Date to occur on or before the date that is thirty (30) days following the giving of the Expansion Notice. Except as may be caused by Force Majeure or Tenant Delay, (A) if the ES Inclusion Date shall have failed to occur by the date that is forty-five (45) days after the date Landlord receives the Expansion Notice, then, for each day from such 45th day to the earlier to occur of the ES Inclusion Date and the fifty-ninth (59th) day after the date Landlord receives the Expansion Notice, the Expansion Space Rent Commencement Date shall be extended one-half (1/2) day for each such day and (B) if the ES Inclusion Date shall have failed to occur by the date that is sixty (60) days after the date Landlord receives the Expansion Notice, then the Expansion Space Rent Commencement Date shall be extended one (1) day for each day after such 60th day until the occurrence of the ES Inclusion Date. No extension of the Expansion Space Rent Commencement Date pursuant to this Section 3.1.1 of this Lease1.05(d) shall extend the Base Space Rent Commencement Date.
(ii) Lessee's pro rata share of Operating ExpensesExcept as may be caused by Force Majeure or Tenant Delay, if the ES Inclusion Date shall have failed to occur by the date (the “ES Inclusion Outside Date”) that is one hundred sixty-five (165) days following the date Landlord receives the Expansion Notice, then Tenant shall have the right, as set forth in Section 11.3 of this LeaseTenant’s sole and exclusive remedy, to terminate the Expansion Notice by written notice (the “Expansion Termination Notice”) to Landlord given within five (5) days following the ES Inclusion Outside Date. Such termination shall be increased by a percentage determined by multiplying 100 times effective the result date of dividing such Expansion Termination Notice, with the square footage same force and effect as if Tenant had never exercised the Expansion Option. If Tenant shall fail to deliver timely an Expansion Termination Notice to Landlord within five (5) days following the ES Inclusion Outside Date, then Tenant shall be deemed to have irrevocably waived its right to terminate the Expansion Notice pursuant to this Section 1.05(d)(ii). No termination of the Expansion Space by the rentable area Notice pursuant to this Section 1.05(d)(ii) shall terminate or otherwise affect this Lease with respect to any other portion of the BuildingPremises.
34.3 Prior (iii) Except as otherwise provided in this Section 1.05(d), if Landlord is unable to delivering deliver possession of the Expansion Space to LesseeTenant for any reason, Lessor shallLandlord shall have no liability to Tenant therefor, at its sole cost Tenant shall have no right or remedy against Landlord, and expense, complete those mutually agreed upon improvements set forth the validity of this Lease shall not in any way be impaired nor shall the plans and specifications attached hereto and incorporated herein Term be extended by this reference as Exhibit "I" (the "Expansion Improvements")reason thereof. If Tenant makes any changes This Section 1.05(d)(iii) constitutes “an express provision to the plans and specifications attached hereto that results in an increase in Lessor's costs to complete contrary” within the Expansion Improvements, Lessee shall be solely responsible for such increased costs and shall reimburse Lessor for such increased costs upon receipt from Lessor meaning of evidence of such increased costs. Other than the Expansion Improvements to be completed by Lessor, Lessee agrees to accept possession Section 223-a of the Expansion Space New York Real Property Law and any other law of like import now or hereafter in its then-existing "as-is" conditioneffect."
(e) The rights granted in this Section 1.05 are available only to the Named Tenant and any Named Tenant Permitted Assignee, and are not available to, and may not be exercised by, any other assignee, or any subtenant, or any other entity claiming by, through or under Tenant.
Appears in 1 contract
Expansion Space. Subject Section 1.01 of the Lease is amended to provide as follows:
(a) Effective on the later of (i) August 1, 2007, or (ii) the date that the existing lessee vacates the “Expansion Space” (as such term is hereinafter defined) (such later date of (i) or (ii) being the “Expansion Commencement Date”), the term “Demised Premises” shall include the approximately 5,672 square feet of rentable space on the 6th floor of the Building more particularly shown on Exhibit A-1 attached hereto and made a part hereof (the “Expansion Space”). Notwithstanding the foregoing, Lessor and Lessee each acknowledge and agree that for the period commencing on the Expansion Commencement Date and continuing through December 31, 2007, the Base Rent for the Expansion Space is based on 1,746 rentable square feet at an annual rate of $33.00 per square foot, and such calculation is reflected in the Base Rent set forth in Section 2.01 below.
(b) Lessee acknowledges that the availability of the Expansion Space is conditioned upon of the prior lessee of the Expansion Space (the “Prior Tenant”) timely vacating such space as it is required to do pursuant to the terms and conditions contained in of its lease. Lessor agrees to use its diligent efforts to cause the following sectionsExpansion Commencement Date to occur on August 1, 2007. In the event that the Expansion Commencement Date has not occurred by September 1, 2007, then from September 1, 2007 until the earlier of (i) the Expansion Commencement Date, or (ii) the termination of the Lease, Lessee shall be obligated entitled to lease that certain space contiguous to 15.39% of the Premises known as Suite 325 which contains approximately 1,308 rentable square feet (base rent due from the "Expansion Space") as soon as it becomes available to Prior Tenant and collected by Lessor for leasing.
34.1 Whenever the current tenant such period out of the Expansion Space vacates base rent due from the same such Prior Tenant. In the event that the Expansion Space is available Commencement Date has not occurred by October 1, 2007, then Lessee shall have the right to Lessor terminate the Lease by written notice to re-leaseLessor. Notwithstanding the provisions of Section 2.01, Lessor shall notify Lessee in writing the event that the Expansion Space is available. Within ten (10) days Commencement Date does not occur by August 1, 2007, then for the period from and after receiving such noticeAugust 1, Lessee shall execute a lease amendment in 2007 until the form attached hereto and incorporated herein by this reference as Exhibit "D."
34.2 The effective date of Expansion Commencement Date occurs, Lessee's leasing of ’s obligation to pay Base Rent pursuant to Section 2.01 for the Expansion Space shall be abated. The foregoing right to share in amounts collected from the date Lessor delivers the Expansion Space Prior Tenant, right to Lessee with the Expansion Improvements (as defined in Section 34.3 below) substantially complete. Lessor shall give Lessee ten (10) days' prior notice terminate, and right to abatement of the date that Lessor anticipates completing the Expansion Improvements and delivering the Expansion Space to Lessee. Lessee's leasing of Base Rent for the Expansion Space shall be for Lessee’s sole remedies in the same term, and upon the same terms, covenants, and conditions set forth in this Lease, except as follows:
(i) Base Monthly Rental event Lessor shall be increased by an amount equal unable to the then-applicable per square foot rental rate set forth in Section 3.1.1 of this Lease (or otherwise calculable based on the monthly figures set forth in such section) multiplied by 1,308, provided, however, if the effective date of Lessee's leasing of deliver the Expansion Space shall occur prior Space. Lessor and Lessee agree to September 1, 2000, Base Monthly Rental owing under this Lease from such effective date through August 31, 2000, execute a document identifying the exact Expansion Commencement Date which shall be increased by an amount equal to One and 95/100 Dollars ($1.95) multiplied by 1,308, and thereafter increased in accordance with the table set forth in Section 3.1.1 recordable if required under any Notice of this Lease.
(iic) Lessee's pro rata share of Operating Expenses, as set forth in Section 11.3 of this Lease, shall be increased by a percentage determined by multiplying 100 times Exhibit A to the result of dividing the square footage of Lease is hereby amended to include Exhibit A-1 showing the Expansion Space by the rentable area of the BuildingSpace.
34.3 Prior to delivering possession of the Expansion Space to Lessee, Lessor shall, at its sole cost and expense, complete those mutually agreed upon improvements set forth in the plans and specifications attached hereto and incorporated herein by this reference as Exhibit "I" (the "Expansion Improvements"). If Tenant makes any changes to the plans and specifications attached hereto that results in an increase in Lessor's costs to complete the Expansion Improvements, Lessee shall be solely responsible for such increased costs and shall reimburse Lessor for such increased costs upon receipt from Lessor of evidence of such increased costs. Other than the Expansion Improvements to be completed by Lessor, Lessee agrees to accept possession of the Expansion Space in its then-existing "as-is" condition."
Appears in 1 contract
Sources: Sublease (Radius Health, Inc.)