Common use of Expansion Clause in Contracts

Expansion. Effective on and as of December 1, 2017 (such date being the -Expansion Commencement Date”), the Premises shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 of the Building (the “Expansion Space”), being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Date.

Appears in 3 contracts

Samples: Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.)

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Expansion. Effective on (a) Subject and as subordinate to any pre-existing rights of December 1, 2017 third parties previously granted by Master Landlord to occupy the Offer Space following expiration of the Master Lease (and Sublandlord hereby represents it has no knowledge of the existence of any such date being the -Expansion Commencement Date”rights), and provided no Event of Default then exists, Sublandlord shall, prior to offering the same to any other party, first offer (the “Right of First Offer”) to sublease to Subtenant all, and not less than all, of any portion of the Premises shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 located on the eighth (8th) floor of the Building (the “Expansion Offer Space”)) from time to time when such Offer Space becomes available. Such offer shall be in writing and shall specify the sublease terms for the Offer Space, being more fully shown including the rent to be paid for the Offer Space and described the date on which the floor plan attached hereto Offer Space shall be included as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with of the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant Sublease Premises (the “Existing TenantOffer Notice) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017). Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten Within five (105) business days after its receipt from Landlord. Failure of Landlord Sublandlord delivers to send any such certificate Subtenant the Offer Notice, Subtenant shall have no effect notify Sublandlord in writing whether Subtenant elects to lease the entire Offer Space on the Expansion Commencement Date. In the event there is any delay terms set forth in the delivery Offer Notice. If Subtenant timely elects to sublease the Offer Space, then Sublandlord and Subtenant shall execute an amendment to this Sublease, effective as of the Expansion date the Offer Space is to Tenant be included as part of the Sublease Premises, on the terms set forth in the Offer Notice and, to the extent not inconsistent with the Offer Notice terms, the terms of this Sublease (and Subtenant’s Proportionate Share, the Security Deposit, and the parking spaces to be rented pursuant to the Basic Sublease Information section, shall be equitably and proportionately increased in proportion to the increase in the rentable square footage of the Sublease Premises); however, the expansion of this Sublease to include the Offer Space as contemplated by this Section 24 shall be conditioned on Master Landlord’s prior written consent, and Subtenant shall accept the Offer Space in an “AS-IS” condition and Sublandlord shall not provide to Subtenant any allowances (e.g., moving allowance, construction allowance, and the like) or other subtenant inducements (including, without limitation, due to the Existing Tenant holding over any rent credits or abatements) unless otherwise specifically provided in the Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement DateOffer Notice.

Appears in 2 contracts

Samples: Office Lease (Cascadian Therapeutics, Inc.), Sublease and Recognition Agreement (Cti Biopharma Corp)

Expansion. Effective on and as of December 1, 2017 the Expansion Commencement Date (such date being the -Expansion Commencement Date”defined below), the Premises shall be expanded Landlord hereby agrees to include an additional 7,389 lease to Tenant and Tenant hereby agrees to lease from Landlord 5,362 square feet of rentable area designated as Suite 100 of the Building Rentable Floor Area (the “Expansion SpaceAdditional Premises” the Existing Promises and the Additional Premises are collectively, referred to as the “Premises” or the “Expanded Premises), being more fully ) as shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing A. Tenant’s lease of the Additional Premises shall be on all of the same terms and conditions as the Existing Premises, except as otherwise specified herein. Effective as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, Additional Premises shall be made a part of the Premises under the Lease and Xxxxxx’s obligation Tenant shall be leasing a total of 24,125 square feet of Rentable Floor Area in the Building. Landlord may elect to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on send Tenant documentation setting forth the Expansion Commencement Date. Following such Existing Tenant surrendering Date and other matters in the form attached as Exhibit D (a “Confirmation of Expansion Space to LandlordCommencement”), Landlord which shall thereafter deliver the same be binding subject to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and ’s right to deliver to Tenant Landlord a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord written notice specifying Tenant’s objections within ten (10) business days after its of Tenant’s receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Confirmation of Expansion Space Commencement. The foregoing shall not relieve Landlord of the obligation to complete punch list items of Landlord’s Initial Construction. Landlord and Tenant (including, without limitation, due acknowledge that the Initial Term applicable to the Existing Tenant holding over in Expanded Premises is scheduled to expire on June 30, 2019 (subject to extension pursuant to the Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, howeverLease, the Expansion Commencement “Term Expiration Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Date”).

Appears in 2 contracts

Samples: Sublease Agreement (Biofrontera AG), Sublease Agreement (Biofrontera AG)

Expansion. Effective Subject to the terms and conditions set forth in this Article, Landlord hereby grants to Tenant the right ("Tenant's Right") to be offered by Landlord during the period commencing on the date of this Lease and as expiring upon the earlier of December 1, 2017 any termination of this Lease or the date six (such date being 6) months prior to the -Expansion Commencement Date”), the Premises shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 expiration of the Building Initial Term ("Tenant's Right Period") the “Expansion Space”)opportunity to lease that approximate 6,844 rentable square foot sixth-floor space contiguous to the Premises, being as more fully shown and described particularly depicted on the floor plan attached hereto as Exhibit A "A", and made a part hereof for all purposesherein referred to, for a term that as "Tenant's Right Space". If, at any time during Tenant's Right Period while Tenant's Right is coterminous with the Lease Term. in effect and so long as Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that not in default hereunder, Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as another person or entity execute a letter of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent intent with respect to the Expansion Spaceleasing of all or any portion of Tenant's Right Space (as it may be designated by Landlord pursuant to the foregoing within a reasonable period of time after Landlord's receipt of such letter of intent, in which event such designation shall nonetheless still commence be deemed effective on the Expansion Commencement Date. Following day prior to such Existing Tenant surrendering the Expansion Space to receipt by Landlord), then Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver furnish to Tenant a certificate establishing copy of such executed letter of intent and a written notice (collectively, such letter of intent and written notice are herein referred to as "Landlord's Notice of Availability") of the Expansion Commencement Dateavailability of the entire space described therein (the "Available Space"), which notice shall specify the Applicable Terms. As used in this Article, "Applicable Terms" means the terms and conditions set forth in such letter of intent, except that the term of Tenant's lease of such Available Space shall be the longer of the term set forth in such letter of intent or the remaining Term. If Landlord gives Landlord's Notice of Availability to Tenant, then Tenant shall acknowledge by executing a copy and returning it give written notice to Landlord so that Landlord actually receives such written notice before 5:00 p.m., Atlanta, Georgia time, on the fifth (5th) business day after Tenant's receipt of Landlord's Notice of Availability ("Tenant's Notice Deadline") as to whether Tenant desires to offer to lease the entirety of the Available Space on the Applicable Terms. If Landlord receives prior to Tenant's Notice Deadline Tenant's written notice that Tenant does not desire to lease the entirety of the Available Space on the Applicable Terms, or if Landlord does notreceive prior to Tenant's Notice Deadline Tenant's written notice that Tenant desires to lease the entirety of the Available Space on the Applicable Terms, then, in either of such instances, Landlord's obligations under this Article shall automatically terminate and be of no further force or effect with respect to such Available Space. If Landlord receives prior to Tenant's Notice Deadline Tenant's written notice that Tenant desires to lease the entirety of the Available Space on the Applicable Terms, then Landlord shall cause to be given to Tenant a written amendment to this Lease for the leasing of the Available Space on the Applicable Terms. If Tenant does not within ten five (105) business days after its Tenant's receipt from of such written amendment execute and deliver such written amendment to Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitationmodification thereto, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease)so that Landlord actually receives such executed written amendment within such five-business-day period, then Landlord's obligations under this First Amendment Article shall not automatically terminate and be void of no further force or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent effect with respect to such Available Space. In no event shall Tenant's Right apply to any extension or renewal of the Expansion term of a lease with respect to all or any portion of Tenant's Right Space, shall commence . The purpose of this Article is to provide notice to Tenant so that Tenant may be in a position to offer to lease the applicable space on the Expansion Commencement Datea competitive basis with others.

Appears in 1 contract

Samples: Lease Agreement (Viryanet LTD)

Expansion. Effective Provided that Tenant is not in default under the terms of this Lease after all applicable cure periods, at the time it gives notice of the proposed expansion date and at the expansion date, and provided Tenant is not in default beyond the applicable cure period on more than one occasion between the notice and as of December 1expansion date, 2017 (such date being Tenant shall have the -Expansion Commencement Date”), option to expand the Demised Premises shall be expanded to include into an additional 7,389 10,000 square feet of rentable area designated as Suite 100 Tenant's Rentable Area effective not later than the last day of the sixtieth (60th) month after the Rent Commencement Date ("Expansion Addition"). The Expansion Addition shall be located adjacent to the eastern portion of the Building (the “which is denominated on Exhibit "F" as "Expansion Space”), being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease TermArea". Tenant acknowledges that shall provide Landlord not less than nine (9) months prior written notice of its exercise of the right to expand and coincidentally therewith, its waiver of its right to contract within five years of the expansion pursuant to Paragraph 1(b) above. Landlord shall not construct the Expansion Space is currently occupied Addition unless requested by an existing tenant (the “Existing Tenant pursuant to this Paragraph 1(c). Landlord shall provide Tenant $3.50 per square foot of new Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over 's Rentable Area in the Expansion Space beyond Addition per Lease Year remaining in the Initial Term (prorated from the date Base Rent accrues on the Expansion Commencement Date, Addition through the end of the Initial Term) as an allowance ("Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect Allowance") for tenant improvements to the Expansion Space, shall nonetheless still commence on the Addition ("Expansion Commencement DateTenant Improvements"). Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery The construction of the Expansion Space to Tenant (including, without limitation, due Addition shall be of comparable kind and quality to the Existing Tenant holding over in original Building shell prior to inclusion of the Expansion Space past Tenant Improvements. Landlord and Tenant shall approve the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant plans for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, Addition and Landlord hereby consents to Expansion Tenant permitting Existing Tenant to remain Improvements. To the extent the cost of the Expansion Space through such date; provided, howeverTenant Improvements exceed the Expansion Allowance, the Expansion Commencement Date, costs thereof shall be repaid as negotiated by Landlord and Tenant’s obligation to commence paying rent . Rent for the Expansion Addition shall be at the same Base Rent as for the Building and the term shall coincide with respect the "Initial Term" as hereinafter defined and all other terms of this Lease shall apply to the Expansion SpaceAddition, including the option for Extended Terms. The parties shall commence on execute an amendment to this Lease reflecting the addition of the Expansion Commencement DateAddition.

Appears in 1 contract

Samples: Lease (SBS Technologies Inc)

Expansion. Effective During the initial thirty-six (36) months of the Term, Tenant shall have the right to request additional space on the second and fourth floor within the Office Unit from Landlord to the extent space is available. Tenant shall be deemed to agree to lease any such expansion space on the same terms and conditions as this Lease, except that (i) the definition of December 1, 2017 (such date being the -Expansion Commencement Date”), the Premises shall be expanded amended to include an additional 7,389 the expansion space, (iii) the Fixed Basic Rent payable for the expansion space shall be equal to the per square feet foot amount of rentable area designated as Suite 100 Fixed Basic Rent then payable for the Premises, which shall be subject to adjustment pursuant to Section 1.N, (iv) Tenant’s Proportionate Share of Operating Expenses and Increases in Real Estate Taxes shall be proportionately increased based upon the addition of the Building expansion space to the Premises, (v) Tenant shall accept the expansion space in its Expansion Space”)as is” condition, being more fully shown and described (vi) Landlord shall provide the same per square foot Tl Allowance as was provided for the Premises as a tenant improvement allowance for the expansion space but ratably reduced based on the floor plan attached hereto length of the remaining term after the expansion space is delivered to Tenant for the construction of tenant improvements within the expansion space as Exhibit A and made a part hereof approved by Landlord, (vii) Landlord shall provide the same number of parking spaces per square foot of the expansions space that was provided for all purposesthe Premises, for a (viii) the term that is coterminous with of the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to shall commence paying rent with respect to the Expansion Space, expansion space and Tenant shall nonetheless still commence paying Fixed Basic Rent and Additional Rent on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten date that is not greater than six (106) business days months after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space Tenant’s request to Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017expand, and Landlord hereby consents (ix) the Termination Fee (as defined in Section 29) shall be increased by an amount equal to Tenant permitting Existing Tenant to remain 50% of the Expansion Space through Fixed Basic Rent payable for such date; providedexpansion space for the ninth, however, tenth and eleventh years of the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Date.Term. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] [SIGNATURE PAGE FOLLOWS]

Appears in 1 contract

Samples: Commencement Date Agreement (Duolingo, Inc.)

Expansion. Effective on and as of December 1, 2017 (such date being the -Expansion Commencement Date”), the Premises shall be expanded to include Tenant leases from Landlord an additional 7,389 square feet of rentable area designated as 11,656 Rentable Square Feet in Suite 100 700 on the 7th floor of the Building (the “Second Expansion Space”), being more fully shown and described ) as depicted on the floor plan attached hereto as Exhibit A and made a part hereof A. The Lease term for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Second Expansion Space is currently occupied by an existing tenant shall commence upon April 1, 2007 (the “Existing TenantSecond Expansion Space Commencement Date”), and shall run concurrent with the Term of the Lease. Effective upon the Second Expansion Space Commencement Date the “Premises” shall be deemed to include the Current Premises and the Second Expansion Space for all purposes of the Lease, and will consist of a total of 52,120 Rentable Square Feet. In connection with the foregoing, Landlord agrees that Tenant may enter the Second Expansion Space on or after February 17, 2007 for the sole purpose of installation of furniture, fixtures and equipment (the “Early Entry”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event provided that such Existing Tenant holds over Early Entry is conducted in a manner as to not unreasonably interfere with any Landlord Work occurring in or around the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to the Second Expansion Space, and further provided that such Early Entry shall nonetheless still commence on be subject to all of the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare terms and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay conditions contained in the delivery Lease (other than the payment of the Expansion Space to Tenant (Base Rent and Tenant’s Pro Rata Share of Excess Operating Expenses), including, without limitation, due Tenant’s insurance and indemnity obligations as contained in this Lease. Prior to any such Early Entry, Tenant shall provide Landlord with certificates of insurance or other evidence acceptable to Landlord evidencing Tenant’s compliance with its insurance obligations. In the Existing Tenant holding over event that Tenant’s Early Entry interferes with the Landlord Work or otherwise disrupts Landlord’s operations or the operations of other tenants in the Expansion Space past the expiration of its lease)Building, then this First Amendment shall not be void or voidable, nor shall Landlord be liable may terminate Tenant’s right to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017Early Entry, and any delay in the Landlord hereby consents Work attributable to such Early Entry will be deemed a Tenant permitting Existing Tenant Delay as provided in the attached Work Letter. 0000 XXX XXXXXXX / GAINSCO, INC. Fifth Amendment to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Date.Office Lease

Appears in 1 contract

Samples: Office Lease (Gainsco Inc)

Expansion. Effective on Subject to the terms and conditions of this Sixth Amendment, commencing retroactively as of December May 1, 2017 2018 and continuing thereafter for the duration of the Term of the Lease (such date being as the -Expansion Commencement Date”same may be extended), (i) Landlord agrees to lease and Tenant agrees to accept in its "AS IS WHERE IS" condition, the Suite 400 Expansion Premises; (ii) Paragraph 2.1 of the Lease shall be amended to include the Suite 400 Expansion Premises and the total rentable square footage of the Existing Premises, as expanded by the Suite 400 Expansion Premises, shall be approximately 44,317 square feet; (iii) the Premises under the Lease shall mean the Existing Premises, as expanded by the Suite 400 Expansion Premises; (iv) the Term for the Suite 400 Expansion Premises shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 of the Building (the “Expansion Space”), being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the remainder of the Existing Premises (including the existing one (1) five (5) year renewal option set forth in Section 5 of the Fourth Amendment); (v) Paragraph 3.1 of the Lease Term. Tenant acknowledges is hereby amended to state that Tenant's obligation to pay Base Rent and Tenant's Prorata Share of Operating Expenses for the Suite 400 Expansion Premises commences retroactively as of May 1, 2018; (vi) Paragraph 3.2 of the Lease is hereby amended to state that Tenant's obligation to pay Tenant's Prorata Share of Operating Expenses for the Suite 400 Expansion Premises commences retroactively as of May 1, 2018; (vii) Article I and Paragraph 3.2 of the Lease are hereby amended to provide that the “Base Year” for purposes of the Suite 400 Expansion Space is currently occupied by an existing tenant Premises and Tenant's Prorata Share of Operating Expenses for the Suite 400 Expansion Premises shall be calendar year 2011; and (the “Existing Tenant”viii) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over elects to exercise its renewal option granted under the Lease in accordance with the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, terms and Xxxxxx’s obligation to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure conditions of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery Section 5 of the Expansion Space to Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease)Fourth Amendment, then this First Amendment Base Rent for the Suite 400 Expansion Premises shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Dateincrease annually by two percent (2%).

Appears in 1 contract

Samples: Lease Agreement (Texas Roadhouse, Inc.)

Expansion. Effective Provided and on the condition that there is no uncured default of Tenant then existing, Tenant shall have, during the period commencing on the date of this Lease and as ending on the expiration of December 1, 2017 (such date being the -Expansion Commencement Date”)Refusal Period, the option from time to time and at any time on or before the expiration of the Refusal Period to expand the Demised Premises by written notice to Landlord (the "Expansion Notice") on or before the expiration of the Refusal Period. The space added to the Demised Premises ("Expansion Space") shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 all or any portion of the Building Refusal Space which has not previously been added to the Demised Premises pursuant to this Special Stipulation 8 or pursuant to Special Stipulation 2; provided, however, that the portion of the Refusal Space not leased by Tenant (the “Expansion Space”)and not leased to others as permitted by Special Stipulation 2) must constitute a commercially reasonable leaseable unit as determined by Landlord's architect; and further provided, being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposeshowever, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant must not include any space with respect to which Landlord has given Landlord's Notice (as defined in Special Stipulation 2). The Expansion Notice must identify the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017applicable Expansion Space. Tenant hereby waives any claims against Landlord in shall pay Base Rental for the event Expansion Space, commencing on the Rental Commencement 57 Date for the applicable Expansion Space, at the same rate per square foot of Rentable Floor Area applicable to the remainder of the Demised Premises, escalated annually at the same time and at the same percentages that such Existing Tenant holds over in rate is escalated for the Premises beyond remainder of the Expansion Commencement DateDemised Premises. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with With respect to the Expansion Space, Tenant shall nonetheless still commence be obligated to pay Tenant's Forecast Additional Rental and Tenant's Additional Rental on the same basis as Tenant is obligated to make such payments with respect to the remainder of the Demised Premises. Accordingly, as of the Rental Commencement Date for the applicable Expansion Commencement Date. Following such Existing Tenant surrendering Space, the applicable Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitation, due be added to the Existing Tenant holding over Demised Premises for all purposes in the determining Tenant's Forecast Additional Rental and Tenant's Additional Rental. The Construction Allowance and Additional Allowance shall apply to each such Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such dateSpace; provided, however, that if the Expansion remaining initial Term of this Lease is less than 84 months at the Rental Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Date for such Expansion Space, then such allowances shall commence on be multiplied by a fraction, the numerator of which is the number of whole months remaining in the initial Term of this Lease at the Rental Commencement Date for such Expansion Space, and the denominator of which is 84. The "Rental Commencement DateDate for the applicable Expansion Space" shall mean, unless otherwise agreed to, the earlier to occur of (i) the date upon which Tenant occupies such Expansion Space for the conduct of Tenant's business (for purposes hereof, Tenant shall not be deemed to be occupying such Expansion Space for the conduct of its business merely by moving furniture and equipment into such Expansion Space), or (ii) the date one hundred twenty (120) days after the date of the applicable Expansion Notice [unless the date of such Expansion Notice is prior to December 31, 1999, in which event the date under this item (ii) shall be the Rental Commencement Date for the Demised Premises].

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Expansion. Effective (a) Landlord shall use commercially reasonable efforts to deliver the Option B Expansion Premises to Tenant broom clean, free and clear of tenants or other occupants, in a structurally sound condition and otherwise "as-is" (the "Delivery Condition") on and as of December September 1, 2017 2018 (except for the Intrinsiq Space for which Landlord shall use commercially reasonable efforts to deliver such date being space to Tenant on October 1, 2018) (as applicable, the -Expansion "Estimated Expansion B Delivery Date"). The "Option B Expansion Premises Commencement Date”)" shall be the later of (i) October 1, 2018 and (ii) the date that the Option B Expansion Premises (or portion thereof) is delivered to Tenant in the Delivery Condition; provided that, in the event Tenant does not occupy any portion of the Option B Expansion Premises until all of the Option B Expansion Premises has been delivered to Tenant, then the Option B Expansion Premises Commencement Date shall be the later of (a) October 1, 2018 and (b) the date on which all of the Option B Expansion Premises has been delivered to Tenant. On the Option B Expansion Premises Commencement Date the "Premises" shall be deemed to be expanded to include an additional 7,389 square feet such space, subject to the terms of rentable area designated as Suite 100 this First Amendment. If Landlord fails to deliver any portion of the Building Option B Expansion Premises by the date that is ninety (90) days after the Estimated Expansion B Delivery Date for occupied space (Intrinsiq Space and Additional Expansion Space) and sixty (60) days after the Estimated Expansion B Delivery Date for unoccupied space (Vacant Space), being more fully shown and described on the floor plan attached hereto as Exhibit A and made in each case other than for Force Majeure, then Tenant shall receive a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant rent credit of one (the “Existing Tenant”1) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as day of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent Base Rent with respect to the applicable portion of the Option B Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space Premises for each day during which Landlord so failed to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the respective portion of the Option B Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay Premises in the Delivery Condition beyond such sixty (60) or ninety (90) day period, as applicable. If Landlord fails to deliver the Intrinsiq Space and/or the Vacant Space by February 28, 2019 or the Additional Expansion Space by May 31, 2019, for any reason, including, but not limited to, the holding over of any prior tenant, then Tenant may, as its sole remedy, at any time after such respective dates and prior to Landlord's actual delivery of the respective portion(s) of the Option B Expansion Space to Tenant Premises, cancel (including, without limitation, due to a) the Existing Tenant holding over in the Expansion Space past the expiration exercise of its lease), then option to lease the entire Option B Expansion Premises and (b) this First Amendment shall not be void or voidable, nor shall by giving to Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such datea written cancellation notice; provided, however, if Landlord delivers the respective portion(s) of the Option B Expansion Commencement DatePremises to Tenant on or before the date that is thirty (30) days after Landlord receives such cancellation notice, such cancellation notice shall be void and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Datewithout further force or effect.

Appears in 1 contract

Samples: Lease (Everbridge, Inc.)

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Expansion. Effective Subject to the availability of permanent financing, during the first five years of the initial lease term and provided there are at least seven (7) years remaining in the Term of this Lease, including the time of exercise of any extension option, Tenant may one time only require Landlord to construct an addition to the Leased Premises of not less than 10,000 square feet nor more than 20,000 square feet and increase the parking by 1 space for every 200 square feet (or fraction thereof) the addition to be constructed. Tenant shall exercise the option in writing and Landlord shall cause the expansion to be completed within 270 days after such notice. The expansion shall be of substantially the same design and construction as the Leased Premises. Notwithstanding the provisions of paragraph 3 hereof granting Tenant three options to extend the term for five years each, if Tenant exercises this option to expand the Leased Premises then Tenant may either (a) exercise one or more of the five year options or (b) extend the term of the lease for the number of years necessary to increase the remaining term of the lease to seven years from the date of exercise and the periods of the renewing options in paragraph 3 shall be adjusted so that the total option periods including those exercised previously and by this provision total 15 years. For purposes hereof, permanent financing shall be deemed available if (a) such financing shall be non-recourse and shall otherwise be on commercially reasonable terms and as (b) for purposes of December 1, 2017 (such date being the -Expansion Commencement Date”)financing, the Premises Tenant shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 creditworthy. The annual Base Rent shall, upon completion of the Building (expansion space, be increased by an amount equal to 12.5% of the “Expansion Space”)cost of construction of the expansion space and the additional parking. Landlord may select a Contractor to Construct the expansion space, being more fully shown including all Tenant Improvements, and described shall notify Tenant of the cost of such construction. If Tenant notifies Landlord that, in Tenant’s opinion, the cost is too high, then Tenant may obtain bids from other contractors reasonably acceptable to Landlord and Landlord shall either engage the contractor with the lowest cost or may utilize any contractor it selects but the rent increase shall be based on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Datelowest cost estimate.

Appears in 1 contract

Samples: Lease Agreement (EverBank Financial Corp)

Expansion. Effective on and as Provided that no Event of December 1Default then exists, 2017 Landlord agrees that upon receipt of an Expansion Request (such date being the -Expansion Commencement Date”)defined below) from Tenant, the Premises shall be expanded Landlord will use best efforts to include an additional 7,389 square feet of rentable area designated as Suite 100 of provide Tenant with expansion space within the Building and/or Complex (the “Expansion Space”), being more fully shown i.e., Landlord will promptly provide Tenant with a written list of “available space” for lease within the Building and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord elsewhere in the event Complex that such Existing Tenant holds over in meets the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over criteria set forth in the Expansion Space beyond Request. As used herein, an “Expansion Request” means a written request from Tenant, that includes at least the Expansion Commencement Date, following information: (a) the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to requested size of the Expansion Space, shall nonetheless still commence and (b) the date on which Tenant needs the Expansion Commencement DateSpace. Following such Existing Tenant surrendering the Expansion Space As used herein, “available space” means space which is (i) not then subject to Landlordrights of third parties, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitation, due rights of first notice, expansion rights, extension rights and/or options to lease, and (ii) not then the subject of active negotiations for lease. Any expansion and/or relocation of the Premises resulting from an Expansion Request will be subject to the Existing Tenant holding over in the Expansion Space past the expiration parties’ negotiation and execution of its lease), then this First Amendment shall not be void or voidable, nor shall a lease amendment on terms mutually acceptable to both Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such dateTenant; provided, however, that upon any such relocation (as opposed to an expansion) of the Expansion Commencement DatePremises, and Tenant’s obligation to commence paying rent Tenant shall be released from all further obligations (except those obligations that expressly survive the expiration or earlier termination of this Lease) with respect regard to the original Premises. Landlord shall not be required to respond to more than one Expansion SpaceRequest within any 6-month period. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] LANDLORD AND TENANT EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE PREMISES ARE SUITABLE FOR TENANT’S INTENDED COMMERCIAL PURPOSE, shall commence AND TENANT’S OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TENANT SHALL CONTINUE TO PAY THE RENT, WITHOUT ABATEMENT, DEMAND, SETOFF OR DEDUCTION, NOTWITHSTANDING ANY BREACH BY LANDLORD OF ITS DUTIES OR OBLIGATIONS HEREUNDER, WHETHER EXPRESS OR IMPLIED. This Lease is executed on the Expansion Commencement respective dates set forth below, but for reference purposes, this Lease shall be dated as of the date first above written. If the execution date is left blank, this Lease shall be deemed executed as of the date first written above. LANDLORD: XXXXXX RTP, LLC, a Delaware limited liability company By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Authorized Agent Execution Date: April 18, 2018 TENANT: XXXXXXXX LABS, INC., a Delaware corporation By: /s/ Xxxxxx Xxxxxxxxxx Name: Xxxxxx Xxxxxxxxxx Title: President & CEO Execution Date: April 17, 2018

Appears in 1 contract

Samples: Lease Agreement (Shattuck Labs, Inc.)

Expansion. Effective on and as If, at any time during the Term of December 1, 2017 (such date being the -Expansion Commencement Date”), the Premises shall be expanded this Lease Agreement after Tenant notifies Landlord in writing that Tenant desires to include an lease additional 7,389 square feet of rentable area designated as Suite 100 of the Building space from Landlord (the “Expansion SpaceNotice”), and subject to: (a) Tenant not being in default beyond any applicable cure period at the time of exercise nor Tenant ever being in default (irrespective of the fact that Tenant cured such default) of any monetary obligations under this Lease Agreement more fully shown than twice during the Term and described such monetary defaults aggregate in excess of $ ; (b) Tenant occupying not less than one hundred (100%) percent of the Premises originally demised hereunder; (c) the rights of other existing tenants in the Building, which rights predate this Lease Agreement; and (d) there being at least thirty-six (36) months remaining of the Extended Term; Landlord shall respond/reply to Tenant with regard to the any space in the Building which Landlord expects to become vacant and available for lease, and Landlord shall propose to Tenant the basic economic terms upon which Landlord would be prepared to entertain the negotiation of a new lease agreement for such space (on all of the floor plan attached hereto same terms and conditions as Exhibit A and made a part hereof for all purposesare set forth in this Lease Agreement, except as otherwise specified by Landlord which other terms, however, shall be substantially similar to those Landlord intends to offer to third party prospects) or an amendment to this Lease Agreement with which the parties would add such space to the description of the “Premises,” in either case for a term that is which would be coterminous with this Lease Agreement unless otherwise specified by Landlord, and which economic terms shall include the Lease Term. Tenant acknowledges estimated date that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Datespace shall be available for delivery, the Expansion Commencement Date, rent and Xxxxxx’s obligation the tenant allowance (if any) to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same be furnished to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which whereupon Tenant shall acknowledge by executing a copy and returning it to Landlord within ten have five (105) business days next following Landlord’s delivery of such notice within which to accept such terms, time being of the essence. Should Tenant accept such terms as are specified by Landlord, the parties shall negotiate the terms of a new lease agreement, or an amendment to this Lease Agreement, to memorialize their agreement. In the absence of any further agreement by the parties, such additional space shall be delivered in “AS-IS” condition, and Rent for such additional space shall commence on that date which is the earlier of: (x) Tenant’s occupancy thereof, and (y) five (5) days after its receipt from Landlord delivers such additional space to Tenant free of other tenants and occupants. Tenant’s rights hereunder shall not include the right to lease less than all of the space identified in Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date’s notice. In the event there is any delay in the delivery Landlord notifies Tenant of the Expansion Space to space and Tenant (includingrejects such offer under this Article, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration Landlord’s obligations under this Article shall terminate and this Article shall be of its lease), then this First Amendment shall not be void no further force or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Date.effect,

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

Expansion. Effective on and as Lessee understands that Lessor does not control the adjacent space in the Building. However, if the adjacent space in the Building becomes available to Lessor for lease during the term of December 1, 2017 (such date being the -Expansion Commencement Date”), this Lease while Lessee is in possession of the Premises and no default by Lessee hereunder remains uncured, Lessor will give written notice to Lessee of the availability of the adjacent space for lease and Lessor's asking rent and general lease terms, before Lessor places the adjacent space on the market for lease. The "adjacent space in the Building" means the space currently subleased to Acteron. Lessee shall have ten (10) days after receipt of written notice from Lessor specifying the rent and the other economic terms requested for the adjacent space in which to notify Lessor in writing of its agreement to lease such space. The expiration date of the new lease for the adjacent space shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 of the Building (the “Expansion Space”), being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the expiration date of this Lease. For example, if the space becomes available during the original term of this Lease, Lessor agrees to lease the adjacent space to Lessee for the unexpired term of this Lease Termand to give Lessee a five (5) year extension option on the new space. Tenant acknowledges that The new space will be offered to Lessee on substantially the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) same terms as this Lease, except for any terms relating to Base Rent and that Landlord and such Existing Tenant are concurrently herewith entering Lessor shall not be required to make any Lessee improvements. The parties agree to promptly enter into an early termination amendment to this Lease for the adjacent space following Lessee's notice to Lessor of its agreement to terminate lease such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Datespace. If Lessee fails to timely exercise such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation right of first offer or if Lessee fails to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare execute and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it Lessor said amendment to Landlord this Lease within ten (10) business days after its receipt from Landlorddelivery thereof by Lessor to Lessee, Lessee shall xxxx no right to lease such adjacent space. Failure of Landlord to send any such certificate Lessee's rights under this Paragraph 53 shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitation, due be subject to the Existing Tenant holding over in the Expansion Space past the expiration existing extension rights of its lease)Acteron Corporation and Quantic, then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Dateexisting tenants.*

Appears in 1 contract

Samples: Service Agreement (Releasenow Com Corp)

Expansion. Effective on In addition to Tenant’s fixed growth into the Contiguous Space as described in the Lease, Tenant shall have the option to lease additional space within the Building, as follows: The Building will be designed, planned, and as approved for construction at a total capacity of December 1approximately 105,000 usable/rentable square feet. The space in the Building totaling approximately 30,000 usable/rentable square feet, 2017 (such date being adjacent to but not a part of the -Expansion Commencement Date”)Initial Premises and the Contiguous Space, the Premises shall be expanded referred to include an additional 7,389 square feet of rentable area designated herein as Suite 100 of the Building (the “Expansion Space”), being more fully ” as shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease TermB-2. Tenant acknowledges that shall have the first right to expand into the Expansion Space is currently occupied by an existing tenant (pursuant to the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing terms described below. Tenant’s right to lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond shall be ongoing; available to Tenant at any time throughout the Expansion Commencement Date, term of the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to Lease. In the event the Expansion Space, or any portion thereof, is unencumbered by lease to third party tenant(s), and Tenant provides written notice to Landlord on or prior to the last day of the second (2nd) year of the initial Term, indicating its desire to lease any portion of the then unencumbered Expansion Space, Tenant shall nonetheless still commence on have the Expansion Commencement Date. Following right to lease such Existing Tenant surrendering portion or all of the Expansion Space and the terms for such expansion by Tenant shall be the same as those for the Premises pursuant to Landlordthe Lease, including the Expiration Date of the Lease. Base Rent for such expansion space will be the then current Base Rent as stated in the Lease for the Premises (per rentable square foot), and the Improvement Allowance stated in the Lease will apply to the Expansion Space but will be prorated to reflect the then remaining term of the Lease. Landlord shall thereafter deliver be responsible for completion and payment of construction of the same to Tenant. Upon Base Building Conditions for the Expansion Commencement Date, Landlord may prepare and deliver Space as described in the Base Building Conditions attached to the Lease. Tenant a certificate establishing shall then utilize its applicable Improvement Allowance for construction of improvements within the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement DateSpace. In the event there is any delay in Tenant initiates expansion after the delivery second (2nd) year of the Expansion Space initial Term, the Base Rent for the expansion space shall be in Fair Market Rent, as such term is defined in Section 38 of the Lease, and shall be determined using the same method set forth in such section. The other terms for such expansion shall be subject to Tenant (includinggood faith negotiation between Landlord and Tenant, without limitationand shall include appropriate Improvement Allowances, due and other terms and concessions pursuant to the Existing then current commercial office market for like space, and may include negotiation of any applicable extension of the initial Lease Term desired by both parties at that time. Any expansion of the Premises during the last year of the initial Lease Term will require extension of the Lease for the entire Premises, subject to the determination of Base Rent during such extended term in accordance with Section 38 of the Lease. In the event Tenant holding over in the Expansion Space past the expiration of its lease), then this First Amendment shall desires expansion space which cannot be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the reasonably accommodated in Expansion Space, Landlord agrees to use commercially reasonable efforts to provide such expansion space in other building(s) owned or controlled by Landlord within close proximity to the Building, including other building(s) in similar commercial office parks owned or controlled by Landlord. This may include good faith discussion and negotiations for construction of a new facility by Landlord for expansion or possibly for relocation of the entire Premises to a location acceptable to Tenant. Any such expansion into other building(s) will be subject to agreement by both parties in writing, to which neither party will be obligated, but for which both parties agree to discuss and negotiate in good faith. Any expansion by Tenant initiated during the first three (3) years of the initial Term shall commence on include a pro-rated cooperating brokerage commission to CRESA Partners, payable by Landlord. Any expansion by Tenant initiated after the Expansion Commencement Datefirst three (3) years of the initial Term shall include a cooperating brokerage commission to CRESA Partners, payable by Landlord, if Tenant engages CRESA for assistance with its expansion requirements at that time.

Appears in 1 contract

Samples: Lease (Inverness Medical Innovations Inc)

Expansion. Effective on and as of December 1, 2017 the Eleventh Expansion Space Commencement Date (such date being the -Expansion Commencement Date”hereinafter defined), the Premises shall be expanded Lease is hereby modified and amended to include an additional 7,389 approximately 17,376 rentable square feet feet, located on the 12th floor of 000 Xxxxxxxx Xxxxx as shown on Exhibit A attached hereto (the "Eleventh Expansion Space"). The rentable area designated as Suite 100 square footage of the Building (the “Expansion Space”), being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Eleventh Expansion Space is currently occupied by an existing tenant subject to final measurement and adjustment based on the Construction Documents (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord defined in the event that such Existing Tenant holds over Work Letter attached as Exhibit B), in accordance with 1996 BOMA measurement standards (ANSI/BOMA 265.1- 1996) for multi-tenant buildings using the Building standard Common Area factor for multi-tenant floors in the Premises beyond the Expansion Commencement DateBuilding. If such Existing Tenant holds over measurement results in a change in the rentable square footage of the Eleventh Expansion Space, the Basic Rental Tenant's proportionate share, the parking permits made available to Tenant and any other concessions based on the rentable square footage of the Eleventh Expansion Space beyond shall be adjusted accordingly. Tenant shall, within 15 days after Landlord's written request, execute and return a lease amendment effective as of the Eleventh Expansion Space Commencement Date, confirming the necessary adjustments. As used herein, the term "Eleventh Expansion Space Commencement Date, and Xxxxxx’s obligation to commence paying rent " shall be the earliest of (1) the first business day after the date on which the Landlord Work (defined in the Work Letter attached as Exhibit B) with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Eleventh Expansion Space to Landlordis Substantially Complete, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitation, due as determined pursuant to the Existing Tenant holding over in Work Letter, or (2) the Expansion Space past date on which the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent Work with respect to the Eleventh Expansion SpaceSpace would have been Substantially Complete but for Tenant Delay, shall commence on as such term is defined in the Work Letter, or (3) the date Tenant takes possession of any part of the Eleventh Expansion Commencement DateSpace for purposes of conducting business therein. Tenant hereby acknowledges and agrees that the Eleventh Expansion Space is leased by Tenant subject to all terms and conditions of the Lease, as modified by this Fifteenth Modification.

Appears in 1 contract

Samples: Fifteenth Modification of Office Lease (Westwood Holdings Group Inc)

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