Common use of Initial Lease Term Clause in Contracts

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Appears in 2 contracts

Samples: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)

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Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Notwithstanding the foregoing to the contrary, Tenant hereby acknowledges that the Premises are currently occupied by an existing tenant, and that Landlord is unable shall have no liability to Tenant for any reason to deliver damages resulting from any delay in delivering possession of the Premises to Tenant on any specific date, then particular delivery date designated by Landlord shall not be subject to any liability for its failure to do soor designated in this Lease if such delay is caused by the holding over of the prior tenant, and such failure further provided that Landlord, at its expense, shall not affect take all actions reasonably necessary to secure possession of the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve Premises (12) calendar month period during the Lease Term; provided, however, in no event shall Landlord be required to instigate legal proceedings). In the event Landlord fails to deliver the Premises to Tenant on or before May 1, 2002, then, for each day Landlord delays in delivering the Premises to Tenant, Tenant shall receive a rent credit in the amount of Three Hundred Thirty-Six and No/100 Dollars ($336.00) per day. Notwithstanding the foregoing, in the event Landlord fails to deliver the Premises to Tenant on or before July 1, 2002 (which date shall be extended as a result of any “Force Majeure,” as that term is defined in Section 29.16, below) (the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement “Outside Date), and Tenant shall have the second and each succeeding right, in Tenant’s discretion, to terminate this Lease Year shall commence on by providing written notice to Landlord of such election by Tenant to termination this Lease (the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein“Termination Notice”), which Tenant shall execute and return to Landlord within Termination Notice must be given, if at all, no later than five (5) days after the Outside Date. Upon the proper delivery by Tenant of receipt thereof. Tenant's failure to execute the Termination Notice, this Lease shall automatically terminate and return such notice to be of no further force or effect, and Landlord within such time and Tenant shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.be

Appears in 2 contracts

Samples: Office Lease (Jaguar Animal Health, Inc.), Office Lease (Jaguar Animal Health, Inc.)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh full calendar month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached heretohereto (the “Notice of Lease Term Dates”), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof. Tenant's failure to execute , and return thereafter the dates set forth on such notice to Landlord within such time shall be conclusive and binding upon Tenant Tenant; provided, however, that the all information set forth in any Notice of Lease Term Dates shall be consistent with the terms and conditions of this Lease, and such Notice of Lease Term Dates shall not constitute an amendment hereto. Failure of Tenant to timely execute and deliver the Notice of Lease Term Dates shall constitute an acknowledgment by Tenant that the statements included in such notice are true and correct, without exception. Tenant and its authorized agents, contractors, subcontractors and employees shall be granted a license by Landlord to enter upon the Premises, at Tenant’s sole risk and expense, at least four (4) months prior to the Lease Commencement Date for the purpose of constructing the Tenant Improvements (as defined below) and installing furniture, fixtures and equipment; provided, however, that (a) the provisions of this Lease, other than with respect to the payment of Base Rent and Building Direct Expenses (as defined below), shall apply during such early entry, including, but not limited to, the provisions of Section 10.1 relating to Tenant’s indemnification of the Landlord Parties (as defined below), (b) prior to any such entry, Tenant shall pay for and provide evidence of the insurance to be provided by Tenant pursuant to the provisions of Article 10, (c) Tenant shall pay all utility, service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, and (d) prior to such entry, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to: (i) Base Rent for the first (1st) month of the Lease Term in which Base Rent is as specified thereindue, plus (ii) Building Direct Expenses for the first (1st) months of the Lease Term in which Building Direct Expenses are due, plus (iii) the Security Deposit set forth in Section 8 of the Summary. Upon Tenant’s breach of any of the foregoing conditions, Landlord may, in addition to exercising any of its other rights and remedies set forth herein, revoke such license upon Notice to Tenant.

Appears in 2 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this LeaseEffective Date. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of ; provided, however, the Premises to Tenant on any specific date, then Landlord Lease Commencement Date and the Lease Expiration Date shall not be subject to any liability for its failure to do so, and such failure shall not affect tolling as more particularly set forth in Section 5.2 of the validity of this Lease or the obligations of Tenant hereunderWork Letter. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date (e.g., August 16, 2011, as previously scheduled) and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar monthe.g., then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement DateAugust 31, 2012, as previously scheduled), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a factually correct notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof. Tenant's failure thereof to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in extent such notice is as specified thereinfactually correct.

Appears in 2 contracts

Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this LeaseLease except for the provisions of this Lease relating to the payment of Rent. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date")”) that is the earlier to occur of (i) the date Tenant commences to conduct business in any portion of the Premises, and (ii) the of “Substantial Completion”, as that term is defined in this Article 2, of the Premises by Landlord, and shall terminate on the date set forth determined in accordance with Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, “Substantial Completion” of the Premises shall occur upon the completion of construction, as reasonably determined by Landlord, of the “Tenant Improvements,” as that term "Lease Year" is defined in the Tenant Work Letter, in the Premises pursuant to the plans and drawings which are prepared and approved pursuant to the terms of the Tenant Work Letter and the issuance of a temporary certificate of occupancy or legal equivalent, with the exception of any Punchlist Items (as defined below) and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractor (as defined in Section 3 of the Tenant Work Letter). “Punchlist Items” shall mean each consecutive twelve only commercially reasonable punchlist items, the non-completion of which does not prevent the issuance of a temporary certificate of occupancy or legal equivalent or unreasonably interfere with Tenant’s use or occupancy of the Premises, and which punchlist items shall be corrected promptly by Landlord (12within thirty (30) calendar month period during days following Landlord’s receipt of written notice thereof from Tenant) without unreasonable interference with Tenant’s use of or access to or from the Lease Term; provided, however, Premises. It is anticipated that the first Lease Year shall commence on the Lease Commencement Date and end on will occur within sixteen (16) weeks after mutual execution of this Lease (such date, the last day of “Target Commencement Date”), but this Lease shall not be void, voidable or subject to termination, nor shall Landlord be liable to Tenant for any loss or damage, resulting from Landlord’s inability to deliver the month Premises to Tenant by any particular date, except as hereinafter provided. Notwithstanding anything to the contrary in which the first anniversary of the Lease Commencement Date occurs (or this Lease, if the Lease Commencement Date is does not occur within 60 days after the first day of a calendar monthTarget Commencement Date, other than due to Tenant Delay (as defined in the Tenant Work Letter) or Force Majeure, then Tenant, at its option, may terminate this Lease by written notice to Landlord given at any time after the first Lease Year shall commence on expiration of such 60-day period but before the Lease Commencement Date and end on actually occurs. In the day immediately preceding event of such termination by Tenant, the first anniversary month’s Base Rent, Tenant’s Share of the Lease Commencement Date), Direct Expenses paid by Tenant and the second Security Deposit shall be fully refunded to Tenant (subject to Landlord’s right to draw upon such Security Deposit as provided in Article 21 below) and each succeeding Lease Year neither party shall commence on the first day of the next calendar month; and have any further provided that the last Lease Year shall end on the Lease Expiration Dateobligations hereunder. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall (absent manifest error) execute and return to Landlord within five (5) business days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Appears in 2 contracts

Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. For purposes of this Lease, the term “Lease Month” shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the calendar month in which the Lease Commencement Date occurs and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Appears in 2 contracts

Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. For purposes of this Lease, the term “Lease Month” shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) business days of receipt thereof. Tenant's failure ; provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such time ten (10) business day period; further provided that such modified notice shall be conclusive binding unless Landlord within ten (10) business days following receipt of Tenant’s changes sends a notice to Tenant rejecting Tenant’s changes, whereupon this procedure shall be repeated until the parties mutually agree upon the contents of such notice. This Lease shall not be void or voidable as a result of Landlord’s failure to deliver the Premises to Tenant by any particular date; provided that the information set forth commencement date for Tenant’s lease of the Premises shall not occur until the Lease Commencement Date; and provided further that Landlord shall use commercially reasonable efforts to deliver possession of the Premises to Tenant Ready for Occupancy on or before June 1, 2014 (subject to extension on a day-for-day basis (i) for each day of delay in such notice Tenant’s execution of this Lease and delivery thereof to Landlord beyond February 28, 2014, (ii) to the extent of any “Tenant Delay” (as that term is defined in Section 5.2 of the Work Letter), and/or (iii) to the extent of any delays resulting from events of “Force Majeure” (as specified therein.that term is defined in Section 29.16 of this Lease). In addition, if the Lease Commencement Date does not occur on or before June 30, 2014 (subject to extension on a day-for-day basis to the extent of any Tenant Delay and/or delays resulting from events of

Appears in 1 contract

Samples: Office Lease (Versartis, Inc.)

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this LeaseEffective Date. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date Lease Commencement Date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary as the Lease Expiration Date (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then then, except as expressly set forth in this Lease and/or the Work Letter, Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during Promptly following the Lease TermCommencement Date, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached heretohereto (a “Commencement Letter”), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five thirty (530) days of receipt thereof. Tenant's failure If Tenant fails to execute sign and return a Commencement Letter to Landlord within thirty (30) days of its receipt from Landlord, the Commencement Letter was sent by Landlord shall be deemed to have correctly set forth the matters addressed in it. If Landlord fails to deliver a Commencement Letter to Tenant within thirty (30) days after the Lease Commencement Date, Tenant shall be permitted to prepare and send to Landlord such Commencement Letter. If Landlord fails to sign and return a Commencement Letter to Tenant within thirty (30) days of its receipt from Tenant, the Commencement Letter was sent by Tenant shall be deemed to have correctly set forth the matters addressed in it. Landlord shall use commercially reasonable efforts to deliver the Premises to Tenant in the Delivery Condition on or before January 7, 2016. If the Premises is not delivered to Tenant on or before March 4, 2016 (the “Outside Delivery Date”) in the Delivery Condition (as extended by the “Utility Grace Period” with respect to the “Infrastructure Work,” as those terms are defined in Section 1.3 of the Tenant Work Letter), Tenant shall be entitled to a day-for-day abatement of Base Rent for each day following the Outside Delivery Date until the earlier of (i) the date the Premises is delivered to Tenant in the Delivery Condition, and (ii) 60 days following the Outside Delivery Date. If the Premises is not delivered to Tenant in the Delivery Condition on or before 61 days following the Outside Delivery Date, Tenant shall be entitled to an abatement of Base Rent equal to twice the per diem Base Rent for each day starting on day 61, until the date the Premises is delivered to Tenant in the Delivery Condition. If Landlord does not deliver the Premises to Tenant in the Delivery Condition on or before July 6, 2016 (the “Outside Date”), then the sole remedy of Tenant for such failure shall be the right to deliver a notice to Landlord within (a “Termination Notice”) electing to terminate this Lease effective the date the Termination Notice is delivered to Landlord. The Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the Outside Date nor later than August 1, 2016. The effectiveness of any such time Termination Notice delivered by Tenant to Landlord shall be conclusive governed by the terms of this Section 2.1. If, prior to the Outside Date, Landlord determines that Landlord shall not deliver the Premises to Tenant in the Delivery Condition by the Outside Date, then Landlord shall have the right to deliver a written notice to Tenant stating Landlord’s opinion as to the date by which Landlord shall deliver the Premises to Tenant in the Delivery Condition, and Tenant shall be required, within ten (10) business days after receipt of such notice, to deliver a notice to Landlord pursuant to which Tenant shall elect either (i) to terminate this Lease, in which case this Lease shall terminate and be of no further force or effect upon Tenant Landlord’s receipt of such notice, or (ii) to agree to extend the Outside Date to that the information date set forth in Landlord’s notice to Tenant. Failure by Tenant to deliver such notice or to make such election shall be deemed to be Tenant’s agreement to extend the Outside Date to that date set forth in Landlord’s notice to Tenant. The Outside Date shall be extended to the extent of any delays in the “Substantial Completion of Landlord’s Work,” as that term is defined in Section 1.3 of the Tenant Work Letter, caused by Tenant. Upon any termination as specified thereinset forth in this Section 2.1, Landlord and Tenant shall be relieved from any and all liability to each other resulting hereunder except that Landlord shall return to Tenant any prepaid rent and, in addition to the return of such prepaid rent, Landlord shall make a payment to Tenant, by check or wire transfer, in the amount of $250,000.00 within thirty (30) days following the termination of the Lease (the “Termination Fee”). Tenant’s rights to terminate this Lease and receive the Termination Fee, as set forth in this Section 2.1, shall be Tenant’s sole and exclusive remedy at law or in equity for the failure of Landlord to deliver the Premises to Tenant in the Delivery Condition on or before July 1, 2016.

Appears in 1 contract

Samples: Office Lease (Unity Software Inc.)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this LeaseLease except for the provisions of this Lease relating to the payment of Rent. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date") set forth in Section 7.2 of the Summary (subject, however, to the terms of the Tenant Work Letter), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") set forth in Section 7.3 of the Summary, unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided. If Landlord does not deliver possession of the Premises to Tenant, however, that in a state of Substantial Completion (as such capitalized term is defined in Exhibit B hereto) on or before the first Lease Year shall commence on the anticipated Lease Commencement Date and end on the last day (as set forth in Section 7.2(ii) of the month in which Summary), Landlord shall not be subject to any liability nor shall the first anniversary validity of this Lease nor the Lease Commencement Date occurs (or if obligations of Tenant hereunder be affected. In the event that the Lease Commencement Date is a date which is other than the first day of a calendar month, then the first Lease Year shall commence on the anticipated Lease Commencement Date and end on the day immediately preceding the first anniversary set forth in Section 7.2(ii) of the Lease Commencement Date)Summary, and within a reasonable period of time after the second and each succeeding Lease Year shall commence on the first day date Tenant takes possession of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease TermPremises, Landlord may shall deliver to Tenant a notice confirmation to lease in the form attached hereto as set forth in Exhibit C, attached hereto, as a confirmation only of setting forth, among other things, the information set forth thereinLease Commencement Date and the Lease Expiration Date, which and Tenant shall execute and return such confirmation to Landlord within five (5) days of after Xxxxxx's receipt thereof. Notwithstanding anything set forth herein to the contrary, Landlord shall employ commercially reasonable best efforts to deliver possession of the Premises to Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that , in a state of Substantial Completion, by the information anticipated Lease Commencement Date set forth in such notice is as specified thereinSection 7.2(ii) of the Summary.

Appears in 1 contract

Samples: Office Lease (Pc Mall Inc)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this LeaseLease except for the provisions of this Lease relating to the payment of Rent. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date (the “Lease Commencement Date”) set forth in Section 3.2 7.2 of the Summary (subject, however, to the "Lease Commencement Date"terms of Section 5 of the Tenant Work Letter), and shall terminate expire on the date (the “Lease Expiration Date”) set forth in Section 3.3 7.3 of the Summary (the "Lease Expiration Date") Summary, unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence Term commencing on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At Notwithstanding the foregoing definition of the Lease Commencement Date for the Premises, if Tenant commences business operations from any time portion of the Premises or the Additional Space, as the case may be, prior to the occurrence of the Lease Commencement Date (each space occupied to be known as the “Pre-Occupancy Space”), all of the terms and conditions of this Lease shall apply to that portion of the Premises containing the Pre-Occupancy Space, except that during the period commencing on the date Tenant commences business operations from the applicable Pre-Occupancy Space and continuing until the Lease TermCommencement Date (the “Pre-Occupancy Period”), Landlord may deliver Tenant shall have no obligation to pay Base Rent (but shall be responsible for parking charges for all parking spaces used); provided that if Tenant a notice occupies more than fifty percent (50%) of the Premises for the purpose of conducting business in the form as set forth Premises, then Tenant shall pay- to Landlord in Exhibit Caccordance with the terms of Article 3, attached heretoBase Rent for the Pre-Occupancy Space equal to the product of (a) Dollars ( ), as a confirmation only and (b) the rentable square feet of the information set forth therein, which Pre-Occupancy Space. Tenant shall execute and return have the right to Landlord within five (5) days commence business operations from any portion of receipt thereofthe Premises during the Pre-Occupancy Period, provided that a certificate of occupancy or its equivalent permitting occupancy shall have been issued by the appropriate governmental authorities for the Pre-Occupancy Space. Tenant's failure Notwithstanding anything to execute and return such notice to Landlord within such time the contrary contained herein, Tenant shall be conclusive upon Tenant that the information set forth responsible to pay “Tenant’s Share” of “Direct Expenses,” as those terms are defined in such notice is as specified thereinSection 4.1 of this Lease, during June, 1997.

Appears in 1 contract

Samples: Office Lease (Castlight Health, Inc.)

Initial Lease Term. The Initial Lease Term shall be as set forth in Section 7.1 of the Summary and shall commence on the date (the “Rent Commencement Date”) referred to in Section 7.2 of the Summary and shall terminate on the date (the “Lease Expiration Date”) set forth in Section 7.5 of the Summary, unless sooner terminated or extended as hereinafter provided. The period between the Rent Commencement Date and the Lease Expiration Date is referred to as the “Initial Lease Term”. For purposes of this Lease, the term “Lease Year” shall mean each consecutive twelve (12) month period during the Lease Term starting with the Rent Commencement Date, and “Lease Term” shall mean the Initial Lease Term, as same may be extended. At any time during the Lease Term, Landlord may deliver to Tenant a Notice of Lease Term dates in the form as set forth in Exhibit C, attached hereto, which notice Tenant shall execute and return to Landlord within five (5) days of receipt thereof. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 , provided that, for clarity, regardless of the Summary, shall commence on the date set forth in Section 3.2 Tenant actually occupies any of the Summary Phases (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be but subject to any liability for its additional Base Rent abatement arising from Landlord’s unexcused failure to do so, and such failure shall not affect achieve the validity of this Lease or BSC Completion Condition by the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Outside BSC Completion Date), (i) Tenant’s obligation to pay Base Rent for Phase I-A and the second and each succeeding Lease Year Phase I-B shall commence on the first day of the next calendar monththirteenth (13th) month of the Initial Lease Term (and Tenant’s obligation to pay Direct Expenses for Phases I-A and I-B shall commence on the Rent Commencement Date); (ii) Tenant’s obligation to pay Base Rent for Phase II shall commence on the first day of the twentieth (20th) month of the Initial Lease Term (and Tenant’s obligation to pay Direct Expenses for Phase II shall commence on the Phase II Determination Date); and further provided that the last Lease Year (iii) Tenant’s obligation to pay Base Rent for Phase III shall end commence on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only first day of the information set forth therein, which Tenant twenty-sixth (26th) month of the Initial Lease Term (and its obligation to pay Direct Expenses for Phase III shall execute and return to Landlord within five (5) days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that commence on the information set forth in such notice is as specified thereinPhase III Determination Date).

Appears in 1 contract

Samples: Beyond Meat, Inc.

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date "Lease Commencement Date," as that term is set forth in Section 3.2 of the Summary (the "Lease Commencement Date")Summary, and shall terminate on the date "Lease Expiration Date," as that term is set forth in Section 3.3 of the Summary (the "Lease Expiration Date") Summary, unless this Lease is sooner terminated or extended as hereinafter provided. If This Lease is effective and binding upon Landlord is unable for any reason to deliver possession of and Tenant upon mutual execution and delivery hereof, notwithstanding the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this later Lease or the obligations of Tenant hereunderCommencement Date. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that however the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the twelfth (12th) full calendar month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Datethereafter. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) business days of receipt thereof; provided that if such notice is not factually correct, then Tenant shall make such changes as are necessary to make such notice factually correct and shall thereafter return such notice to Landlord within said ten (10) business day period. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Appears in 1 contract

Samples: Office Lease (SoFi Technologies, Inc.)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease TermLEASE TERM") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement DateLEASE COMMENCEMENT DATE"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration DateLEASE EXPIRATION DATE") unless this Lease is sooner terminated or extended as hereinafter herein provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease YearLEASE YEAR" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during Within six (6) months following the Lease TermCommencement Date, Landlord may shall deliver to Tenant a notice Notice of Lease Term Dates in the form as set forth in Exhibit EXHIBIT C, attached heretohereto (or a reasonably comparable form), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five twenty (520) business days of receipt thereof. Tenant's failure , provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such time twenty (20) business day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be conclusive binding upon Tenant that the information set forth in such notice is as specified thereinLandlord and Tenant.

Appears in 1 contract

Samples: Office Lease (Navarre Corp /Mn/)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this LeaseLease except for the provisions of this Lease relating to the payment of Rent. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date (the “Lease Commencement Date”) set forth in Section 3.2 7.2 of the Summary (the "Lease Commencement Date")Summary, and shall terminate on the date (the “Lease Expiration Date”) set forth in Section 3.3 7.3 of the Summary (the "Lease Expiration Date") Summary, unless this Lease is sooner terminated or extended as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice of Lease Term dates in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which notice Tenant shall execute and return to Landlord within five (5) business days of receipt thereof. Tenant's failure to execute , and return thereafter the dates set forth on such notice to Landlord within such time shall be conclusive and binding upon Tenant. Failure of Tenant to timely execute and deliver the Notice of Lease Term Dates shall constitute an acknowledgment by Tenant that the information set forth statements included in such notice is as specified thereinare true and correct, without exception.

Appears in 1 contract

Samples: Office Lease (Nara Bancorp Inc)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease TermLEASE TERM") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement DateLEASE COMMENCEMENT DATE"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration DateLEASE EXPIRATION DATE") unless this Lease is sooner terminated as hereinafter provided. If Tenant shall have the right to occupy the Premises prior to the Lease Commencement Date for the conduct of Tenant's business, provided that (A) Tenant shall give Landlord at least ten (10) days' prior notice of any such occupancy of the Premises, (B) a temporary certificate of occupancy, or its equivalent, shall have been issued by the appropriate governmental authorities for the Premises, and (C) all of the terms and conditions of the Lease shall apply, other than Tenant's obligation to pay "Base Rent," as that term is unable for any reason defined in Article 3, below, and "Tenant's Share" of the annual "Direct Expenses," as those terms are defined in Article 4, below, as though the Lease Commencement Date had occurred (although the Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to deliver possession the terms of the second sentence of this Article 2) upon such occupancy of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunderby Tenant. For purposes of this Lease, the term "Lease YearLEASE YEAR" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the twelfth month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during Within thirty (30) days following the Lease Commencement Date (and, if applicable, the commencement of any Option Term), Landlord may deliver to Tenant a notice in the form as set forth in Exhibit EXHIBIT C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) days of receipt thereof. Tenant's failure , provided that in the event that such notice is not factually correct, Tenant shall have the right to make such changes as may be necessary to make the same factually correct and shall thereafter execute and return such notice the same to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified thereinten (10) day period.

Appears in 1 contract

Samples: Office Lease (Equity Marketing Inc)

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. Notwithstanding the foregoing, Landlord and Tenant agree that, if the Xxxxxxxxx is terminated prior to March 31, 2020, and Tenant is not then in default under this Lease beyond any applicable notice and cure period, then Landlord and Tenant shall enter into a direct lease with respect to the Phase 2 Premises on the same terms and conditions of the Xxxxxxxxx from the date of such execution through March 31, 2020. Tenant hereby acknowledges that the Phase 1 Premises is currently occupied by another tenant of the Building. If Landlord is unable for any reason to deliver possession of the Phase 1 Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. For purposes of this Lease, the term "Lease Month" shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) business days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Appears in 1 contract

Samples: Office Lease (Evofem Biosciences, Inc.)

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on (i) the last day of the eleventh (11th) calendar month after the calendar month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is occurs on the first (1st) day of a any calendar month, then or (ii) the first Lease Year shall commence on last day of the twelfth (12th) calendar month after the calendar month in which the Lease Commencement Date and end on the day immediately preceding the first anniversary of occurs if the Lease Commencement Date)Date occurs on other than *** Confidential portions of this document have been redacted and filed separately with the Commission. the first (1st) day of any calendar month, and and, in either case, the second (2nd) and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall shall, after confirming the accuracy thereof, execute and return to Landlord within five (5) business days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Appears in 1 contract

Samples: Office Lease (Bridgepoint Education Inc)

Initial Lease Term. The terms and provisions of this Lease with respect to all of the rentable square footage of the Building shall be effective as of the date of this Lease. The term of this Lease (the "Lease TermLEASE TERM") shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the earlier to occur of (i) the date set forth Tenant opens for business in the Premises or (ii) the date which is later to occur of (1) the date of the expiration of the "CONSTRUCTION PERIOD," as that term is defined in Section 3.2 1.2 of the Summary Tenant Work Letter or (2) the date Landlord has substantially completed the Base Building, subject to punchlist items only, and has obtained a temporary or permanent Certificate of Occupancy for the Building (the "Lease Commencement DateLEASE COMMENCEMENT DATE"), ) and shall terminate on the date (the "LEASE EXPIRATION DATE") set forth in Section 3.3 7.3 of the Summary (the "Lease Expiration Date") Summary, unless this Lease is sooner terminated or extended as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease YearLEASE YEAR" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during Within six (6) months following the Lease TermCommencement Date, Landlord may shall deliver to Tenant a notice Notice (the "NOTICE OF LEASE TERM DATES") in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Notice Tenant shall execute and return to Landlord within five ten (510) business days of receipt thereof. Tenant's failure thereof (provided that if said Notice is not factually correct, then Tenant shall make such changes as are necessary to make the Notice factually correct and shall thereafter execute and return such notice Notice to Landlord within such time ten (10) business day period), and thereafter the dates set forth on such Notice shall be conclusive and binding upon Tenant and Landlord, unless Landlord within fifteen (15) business days following receipt of Tenant's changes sends a Notice to Tenant rejecting Tenant's changes, whereupon this procedure shall be repeated until the parties either (a) mutually agree upon the contents of Exhibit C, or (b) the contents are determined by arbitration pursuant to Section 29.29, below. Failure of Tenant to timely execute and deliver the Notice of Lease Term Dates shall constitute an acknowledgment by Tenant that the information statements included in such Notice are true and correct, without exception. In the event Landlord shall fail to send Tenant Notice of the occurrence of the Lease Commencement Date within six (6) months following the Lease Commencement Date, Tenant may send to Landlord Notice of the occurrence of the Lease Commencement Date substantially in the form of the attached hereto as Exhibit C, which Notice Landlord shall acknowledge by executing a copy of the Notice and returning it to Tenant (provided that if said Notice is not factually correct, the Landlord shall make such changes to the Notice as are necessary to make such Notice factually correct, which revised Notice shall thereafter be subject to the procedure for finalization set forth in such notice is as specified thereinthis Section 2.1).

Appears in 1 contract

Samples: Office Lease (Etoys Inc)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on (i) the last day of the eleventh (11th) calendar month after the calendar month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is occurs on the first (1st) day of a any calendar month, then or (ii) the first Lease Year shall commence on last day of the twelfth (12th) calendar month after the calendar month in which the Lease Commencement Date and end on the day immediately preceding the first anniversary of occurs if the Lease Commencement Date)Date occurs on other than the first (1st) day of any calendar month, and and, in either case, the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, or such other reasonably comparable form used by Landlord from time to time, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) business days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Appears in 1 contract

Samples: Office Lease (Obagi Medical Products, Inc.)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" Month” shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year Month shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or a) if the Lease Commencement Date is shall be the first day of a calendar month, then it shall end on the first Lease Year shall commence on last day of said calendar month, or (b) if the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on be other than the first day of the next a calendar month; and further provided that the last Lease Year , then it shall end on the Lease Expiration Datelast day of said calendar month (and, accordingly, shall be shorter than a calendar month). At any time during the Lease Term, . Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, C. attached heretohereto (the “Notice of Lease Term Dates”), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) days of receipt thereof. Tenant's failure thereof (provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such time ten (10) day period), and thereafter the dates set forth on such notice shall be conclusive and binding upon ‘Tenant. Failure of Tenant to timely execute and deliver the Notice of Lease Term Dates shall constitute an acknowledgment by Tenant that the information set forth statements included in such notice is as specified thereinare true and correct, without exception.

Appears in 1 contract

Samples: Office Lease (KAYAK SOFTWARE Corp)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this LeaseLease except for the provisions of this Lease relating to the payment of "Rent," as that term is defined in Section 4.1, ----------- below. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date (the "Lease ----------- Commencement Date") set forth in Section 3.2 7.2 of the Summary (subject to the "Lease Commencement Date"), ----------- terms of the Tenant Work Letter) and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") set forth in Section 7.3 of the Summary, unless this Lease is sooner ----------- terminated or extended as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a factually correct notice of Lease Term dates in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which notice Tenant shall execute and return to Landlord within five (5) business days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time Notwithstanding the foregoing, Tenant shall be conclusive upon entitled to occupancy of the Premises when the same are "Ready for Occupancy" (as defined in Section 5.01 of the Tenant that Work Letter), and ------------ further Tenant shall be allowed to early entry to the information set forth Premises in such notice is as specified accordance with the terms of Section 6.1 of the Tenant Work Letter for the purposes described therein.

Appears in 1 contract

Samples: Buy Com Inc

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this LeaseLease except for the provisions of this Lease relating to the payment of Rent. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date")) set forth in Section 7.2 of the Summary, and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") set forth in Section 7.3 of the Summary, unless this Lease is sooner terminated as hereinafter provided. If The parties acknowledge that Tenant is currently leasing from Landlord is unable for any reason to deliver possession the Original Premises under the Original Leases. Landlord and Tenant agree that on the Lease Commencement Date, the Original Leases shall immediately terminate and be of no further force or effect and this Lease shall govern Tenant's lease of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect entirety of the validity of this Lease or the obligations of Tenant hereunderPremises. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the twelfth (12th) month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time Once during the Lease Term, Landlord may deliver to Tenant a notice of Lease Term dates in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which notice Tenant shall execute and return to Landlord within five (5) days of receipt thereof. Tenant's failure to execute , and return thereafter the dates set forth on such notice to Landlord within such time shall be conclusive and binding upon Tenant. Failure of Tenant to timely execute and deliver the Notice of Lease Term Dates shall constitute an acknowledgment by Tenant that the information set forth statements included in such notice is as specified thereinare true and correct, without exception.

Appears in 1 contract

Samples: Office Lease (Ticketmaster)

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason provided or extended pursuant to deliver possession the terms of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunderSection 2.2 below. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. For purposes of this Lease, the term "Lease Month" shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Appears in 1 contract

Samples: Office Lease (Retrophin, Inc.)

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this LeaseEffective Date. The term of this Lease with respect to each Phase of the Premises (each the applicable "Lease Term") shall be the period commencing on the Lease Commencement Date (as set forth in Section 3.1 defined below) for such Phase of the Summary, Premises and ending on the Lease Expiration Date (as defined below) for such Phase of the Premises. The term of the Lease Term shall commence with respect to each Phase of the Premises on the applicable date set forth in Section 3.2 of the Summary for such Phase of the Premises (each, the applicable "Lease Commencement Date"), and . The Lease Term with respect to each Tranche of the Premises shall terminate on the date set forth in Section 3.3 of the Summary as the Lease Expiration Date with respect to such Tranche (each, the applicable "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then then, except as expressly set forth in this Lease and/or the Work Letter, Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean Promptly following each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached heretohereto ("Commencement Letters"), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five thirty (530) days of receipt thereof. Tenant's failure If Tenant fails to execute sign and return such notice a particular Commencement Letter to Landlord within such time thirty (30) days of its receipt from Landlord, the Commencement Letter as sent by Landlord shall be conclusive upon Tenant that the information deemed to have correctly set forth the matters addressed in it. If Landlord fails to deliver a Commencement Letter to Tenant within thirty (30) days after a particular Lease Commencement Date, Tenant shall be permitted to prepare and send to Landlord such notice is particular Commencement Letter. If Landlord fails to sign and return a particular Commencement Letter to Tenant within thirty (30) days of its receipt from Tenant, the Commencement Letter as specified thereinsent by Tenant shall be deemed to have correctly set forth the matters addressed in it.

Appears in 1 contract

Samples: Office Lease (Salesforce Com Inc)

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated or extended as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. For purposes of this Lease, the term “Lease Month” shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, C attached heretohereto (the “Commencement Notice”), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) business days of receipt thereof. Tenant's failure ; provided, however, that if the Commencement Notice is not factually correct, then Tenant shall make such changes as are necessary to make the Commencement Amendment factually correct and shall thereafter execute and return such notice corrected Commencement Notice to Landlord within such time ten (10) business day period and thereafter the dates set forth on such corrected Commencement Notice shall be conclusive and binding upon Tenant that and Landlord, unless Landlord, within ten (10) business days following receipt of Tenant’s changes, sends a notice to Tenant rejecting Tenant’s changes, whereupon this procedure shall be repeated until the information set forth in such notice is as specified thereinparties mutually agree upon the contents of the Commencement Notice.

Appears in 1 contract

Samples: Genesis Campus Point (Heron Therapeutics, Inc. /De/)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this LeaseLease except for the provisions of this Lease relating to the payment of Rent. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date set forth Lease Commencement Date described in Section 3.2 7.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date Lease Expiration Date set forth in Section 3.3 7.4 of the Summary (the "Lease Expiration Date") Summary, unless this Lease is sooner terminated or extended as hereinafter provided. If Landlord is unable for any reason to does not deliver possession of the Premises to Tenant on or before the Anticipated Lease Commencement Date (as set forth in Section 7.2 of the Summary) or any specific other date, then Landlord shall not be subject to any liability for its failure to do so, and such failure nor shall not affect the validity of this Lease or nor the obligations of Tenant hereunderhereunder be affected. For purposes Notwithstanding the foregoing provisions of this LeaseSection 2.1 or anything else in this Lease to the contrary, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during if the Lease Term; providedCommencement Date does not occur prior to April 1,2013 for any reason other than delays caused by Tenant, howeverTenant shall have the right, that the first as Tenant’s sole and exclusive remedy for a delivery failure, to terminate this Lease Year shall commence on by written notice to Landlord delivered prior to the Lease Commencement Date and end on upon such termination all sums previously deposited with Landlord shall be refunded to Tenant and thereafter the last day parties shall have no further rights or obligations hereunder (except to the extent otherwise expressly set forth herein). Within a reasonable period of time after the date Tenant takes possession of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year Premises Landlord shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice Commencement Date Memorandum in the form attached hereto as set forth in Exhibit C, attached hereto, as a confirmation only of setting forth the information set forth thereinLease Commencement Date, which the Rent Commencement Date and the Lease Expiration Date, and Tenant shall execute and return such amendment to Landlord within five ten (510) days of after Tenant’s receipt thereof. Tenant's failure If Tenant fails to execute and return such notice to Landlord the amendment within such time 10-day period, Tenant shall be conclusive upon Tenant that deemed to have approved and confirmed the information dates set forth in therein, provided that such notice is as specified thereindeemed approval shall not relieve Tenant of its obligation to execute and return the amendment.

Appears in 1 contract

Samples: Lease (Invitae Corp)

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. For purposes of this Lease, the term "Lease Month" shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof. Tenant's failure to execute Landlord and return Tenant hereby acknowledge that Tenant leases certain space commonly known as Suite 400 on the fourth (4th) floor of that certain building located at 0000 Xxxxxx Xxxxxx ./ -/// -10- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] Drive from another tenant (the "Sublease Premises"). If the Lease Commencement Date shall occur after the expiration date (i.e., after May 31, 2020) or earlier termination of such notice to sublease of the Sublease Premises, then Landlord within and Tenant shall enter into a direct lease for the Sublease Premises in a form materially consistent with Exhibit I attached hereto for a term commencing on the expiration of such time shall be conclusive upon Tenant that sublease and expiring on the information set forth in such notice is as specified thereinLease Commencement Date.

Appears in 1 contract

Samples: Office Lease (Acadia Pharmaceuticals Inc)

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Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this LeaseEffective Date. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. For purposes of this Lease, the term "Lease Month" shall mean each succeeding calendar month during the Lease Term; provided, however, that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Month shall be that calendar month). At any time during the Lease Term, Landlord may deliver to Tenant a notice Notice of Lease Term Dates substantially in the form as set forth in Exhibit C, C attached heretohereto (the "Notice of Lease Term Dates"), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five fifteen (515) business days of receipt thereof. Tenant's failure ; provided that if said Notice of Lease Term Dates is not factually correct, then Tenant may make such changes as are necessary to make the Notice of Lease Term Dates factually correct, and thereafter execute and return such notice revised Notice of Lease Term Dates to Landlord within such time 15-business day period. The dates set forth on the fully executed Notice of Lease Term Dates shall be conclusive and binding upon Landlord and Tenant, unless Landlord sends a written notice to Tenant rejecting Tenant's changes, whereupon this procedure shall be repeated until the parties mutually agree upon the contents of the Notice of Lease Term Date. If Landlord fails to send Tenant the Notice of Lease Term Dates within thirty (30) days following the Lease Commencement Date, Tenant may send written notice to Landlord substantially in the form of the Notice of Lease Term Dates. In such event, Landlord shall acknowledge Tenant's Notice of Lease Term Dates by executing a copy thereof and returning the same to Tenant within fifteen (15) business days; provided that if such Notice of Lease Term Dates is not factually correct, Landlord shall make such changes to the information Notice of Lease Term Dates as are necessary to make such Notice of Lease Term Dates factually correct, which revised Notice of Lease Term Dates shall thereafter be subject to the procedure for finalization set forth in such notice is as specified thereinthis Section.

Appears in 1 contract

Samples: Office Lease (Reddit, Inc.)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Tenant shall have the right to occupy the Second Floor Premises and/or the Third Floor Premises subsequent to the delivery of such space by Landlord is unable pursuant to the terms of Section 1 of the Tenant Work Letter and prior to the expiration of the applicable Construction Period for such space for the conduct of Tenant's business, provided that (A) Tenant shall give Landlord at least ten (10) days' prior notice of any such occupancy of any such portion of the Premises, (B) a temporary certificate of occupancy, or its equivalent, shall have been issued by the appropriate governmental authorities for any reason such portion of the Premises, and (C) all of the terms and conditions of the Lease shall apply, other than Tenant's obligation to deliver possession pay "Base Rent," as that term is defined in Article 3, below, and "Tenant's Share" of the annual "Direct Expenses," as those terms are defined in Article 4, below, as though the Lease Commencement Date had occurred (although the Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of the second sentence of this Article 2.1) upon such occupancy of any such portion of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunderby Tenant. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the twelfth month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during Within thirty (30) days following the Lease Commencement Date (and, if applicable, the commencement of any Option Term), Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) days of receipt thereof. Tenant's failure , provided that in the event that such notice is not factually correct, Tenant shall have the right to make such changes as may be necessary to make the same factually correct and shall thereafter execute and return such notice the same to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified thereinten (10) day period.

Appears in 1 contract

Samples: Office Lease (Artistdirect Inc)

Initial Lease Term. The terms and provisions TCCs of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"). The term of Tenant’s lease of the Additional Premises shall commence as set forth in Section 1.3, above. The term of this Lease with respect to the Initial Premises and the Additional Premises shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Appears in 1 contract

Samples: Office Lease (Memec Inc)

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. Tenant may not occupy the Premises for the conduct of its business prior to the Lease Commencement Date. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 3.4 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated or extended as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month Lease Month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time For purposes of this Lease, the term “Lease Month” shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date. Within a reasonable period of time after the occurrence of the Lease Commencement Date, Landlord may deliver to Tenant the parties shall execute a notice confirming key dates and other information in the form attached hereto as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein; however, which Tenant shall execute and return to Landlord within five (5) days the failure of receipt thereof. Tenant's failure the parties to execute and return such notice to Landlord within such time letter shall be conclusive upon Tenant that not defer the information set forth in such notice is as specified thereinLease Commencement Date or otherwise invalidate this Lease or constitute a breach or default hereunder.

Appears in 1 contract

Samples: Office Lease (F5 Networks Inc)

Initial Lease Term. The terms and provisions of this This Lease shall be effective as of for a term (herein called the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth specified in Section 3.1 of the Summary, Basic Lease Information; and the Lease Term shall commence on the date set forth provided for in Section 3.2 of the Summary (the "Basic Lease Commencement Date"), Information and shall terminate end on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") provided for therein, unless this Lease is sooner terminated or extended as hereinafter providedprovided herein. If Tenant expressly acknowledges that the Premises are occupied by the Former Tenant pursuant to a lease between Landlord and the Former Tenant which is unable for any reason scheduled to expire on May 31, 2020. Landlord shall use commercially reasonable efforts to deliver possession of the Premises to Tenant on any specific dateor prior to the Commencement Date set forth in the Basic Lease Information (the actual date of such delivery shall be referred to herein as the “Delivery Date”); provided, however, if on the Delivery Date, there are Laws, including, but not limited to, governmental emergency orders, governmental health orders, governmental executive orders, and governmental emergency directives, in effect that prohibit Tenant from conducting its business on the Premises due to the COVID-19 pandemic (such laws, collectively, the “COVID-19 Laws”), then Landlord the Delivery Date (and Landlord’s actual delivery of the Premises) and the Commencement Date shall be tolled, and shall not be subject deemed to any liability for occur until such COVID-19 Laws permit Tenant to legally conduct of its failure to do sobusiness on the Premises, and in such failure event, the following provisions shall apply: (i) the Lease Term shall not affect commence on the date set forth in the Basic Lease Information, but shall commence on the earliest date thereafter that Landlord delivers possession of the Premises to Tenant and the COVID-19 Laws do not prohibit Tenant from legally conducting its business on the Premises; (ii) neither the validity of this Lease or nor the obligations of Tenant hereunder. For purposes under this Lease shall be affected thereby, except that (x) the Lease Term shall begin (and the Commencement Date) shall be deemed to occur on the actual date that the Delivery Date occurs (provided that COVID-19 Laws do not prohibit Tenant from legally conducting its business on the Premises on such date); and (y) the Rent Commencement Date shall be ninety (90) days after the date that the Commencement Date occurs; (iii) Tenant shall have no claim against Landlord because of Landlord’s failure to deliver possession of the Premises on the date originally fixed therefor; (iv) Tenant shall have no additional right to terminate this Lease or xxxxx Rent pursuant to this Lease if the COVID-19 Laws in effect after the Commencement Date prohibit Tenant from legally occupying the Premises for the conduct of its business (except that the foregoing shall not be an exemption of liability under any insurance procured by Tenant under this Lease, relating to the term "Premises, or relating to Tenant’s conducting its business on the Premises for failures or delays in the performance of the Lease Year" for the period that the failure or delay is a result of an act of government that results in the frustration of the purpose of the contract); and (v) the Expiration Date of the Term shall mean each consecutive twelve (12) calendar month period be extended beyond the date specified in the Basic Lease Information by one day for every day during the period commencing on June 1, 2020, until the actual Commencement Date occurs, as provided herein. Notwithstanding the foregoing, if (a) Landlord has not delivered possession of the Premises to Tenant on or prior to October 1, 2020; and (b) as of October 1, 2020, COVID-19 Laws do not prohibit Tenant from legally conducting its business on the Premises, then Tenant shall have the right to terminate this Lease upon delivery to Landlord of written notice of its election to do so on or prior to October 10, 2020. Further, notwithstanding the foregoing, if (1) Landlord has not delivered possession of the Premises to Tenant on or prior to October 1, 2020; and (2) as of October 1, 2020, the COVID-19 Laws prohibit Tenant from legally conducting its business on the Premises, and Tenant has not accepted possession of the Premises, then Landlord and Tenant shall each have the right to terminate this Lease by delivery of written notice to the other party of its election to do so on or prior to October 10, 2020. If either party is entitled to exercise a right to terminate this Lease pursuant to Section 3.1 and fails to deliver such written notice to the other party on or prior to October 10, 2020, then such party shall have no further right to terminate this Lease due to failure of the Delivery Date or the Commencement Date not occurring prior to October 1, 2020. If either party exercises its right to terminate this Lease pursuant to this Section 3.1, Landlord shall return any and all Rent, Security Deposit and Letter of Credit previously delivered by Tenant to Landlord within ten (10) business days and neither party shall have any liability or obligations hereunder. Each party’s right to terminate this Lease pursuant to this Section 3.1 shall be such party’s sole right and/or remedy for the failure of the Delivery Date and/or the Commencement Date to occur on or prior to October 1, 2020. Tenant shall have the right, at its option, to accept possession of the Premises even if COVID-19 Laws prohibit access to the Premises. Notwithstanding anything to the contrary contained herein, if Landlord tenders possession of the Premises to Tenant (A) prior to the date specified in the Basic Lease Information for the commencement of the Term; providedor (B) as of a date that COVID-19 Laws prohibit Tenant from legally conducting its business on the Premises, howeverand Tenant chooses to accept such possession, then the Term and Tenant’s obligations hereunder shall commence (and the Commencement Date shall occur) on the date that Tenant accepts such possession, but in no event shall the Expiration Date or the Rent Commencement Date be advanced by such early possession. In the event that the first actual Commencement Date is a date which is other than the Commencement Date set forth in the Basic Lease Year Information, within a reasonable period of time after the date Tenant takes possession of the Premises Landlord shall commence on deliver to Tenant an amendment to this Lease that shall be limited to setting forth the Lease actual Commencement Date, the Rent Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which amendment Tenant shall execute and return to Landlord within five (5) days of after Tenant’s receipt thereof. Tenant's failure If Tenant fails to execute and return such notice to Landlord the amendment within such time 5- day period or provide written objection thereto, Tenant shall be conclusive upon Tenant that deemed to have approved and confirmed the information dates set forth in therein, provided that such notice is as specified thereindeemed approval shall not relieve Tenant of its obligation to execute and return the amendment.

Appears in 1 contract

Samples: Lease Agreement (UserTesting, Inc.)

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. For purposes of this Lease, the term "Lease Month" shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Appears in 1 contract

Samples: Office Lease (Viking Therapeutics, Inc.)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this LeaseLease is mutually executed and delivered (“Effective Date”). The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on (i) the last day of the eleventh (11th) calendar month after the calendar month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is occurs on the first (1st) day of any calendar month (i.e., a period equal to exactly twelve (12) calendar monthmonths), then or (ii) the first Lease Year shall commence on last day of the twelfth (12th) calendar month after the calendar month in which the Lease Commencement Date and end on the day immediately preceding the first anniversary of occurs if the Lease Commencement DateDate occurs on other than the first (1st) day of any calendar month (i.e., a period equal to exactly twelve (12) calendar months, plus the partial month during which the Lease Commencement Date occurs), and and, in either case, the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, or such other reasonably comparable form used by Landlord from time to time, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Appears in 1 contract

Samples: Office Lease (TrueCar, Inc.)

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the Building A Lease Commencement Date with respect to the Building A Premises and shall commence on the Building B Lease Commencement date set forth in Section 3.2 of with respect to the Summary Building B Premises (the "Building A Lease Commencement Date and the Building B Lease Commencement Date may each be referred to herein as the “Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter providedprovided or extended pursuant to Section 2.2 below. If Landlord is unable Notwithstanding any provision to the contrary set forth in this Lease, Tenant shall have the right to occupy the Premises prior to the applicable Lease Commencement Date for any reason the conduct of its business, provided that (A) a temporary certificate of occupancy or its equivalent shall have been issued by the appropriate governmental authorities for each such portion to deliver possession be occupied, and (B) all of the TCCs of this Lease shall apply as though the applicable Lease Commencement Date had occurred (although the applicable Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to the TCCs of the second sentence of this Section 2.1) upon such occupancy of a portion of the Premises by Tenant, the parties acknowledging that during any such period of early occupancy Tenant shall be obligated to pay (i) Base Rent, (ii) Tenant’s Share of the annual Direct Expenses and (iii) any other Additional Rent due under this Lease, applicable to the entirety of any floor (including any portion thereof) of the Premises occupied by Tenant on any specific dateprior to the applicable Lease Commencement Date for the conduct of its business, then Landlord notwithstanding the Rent Abatement set forth in Section 3.2 below. Tenant’s entry into the Premises for the purposes of designing, constructing and installing the Improvements or installing and testing furniture, fixtures, and equipment in the Premises, shall not be subject to any liability constitute the conduct of business by Tenant for its failure to do so, and such failure shall not affect purposes of the validity of this Lease or the obligations of Tenant hereunderpreceding sentence. For purposes of this Lease, the term "“Building A Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Building A Lease Year shall commence on the Building A Lease Commencement Date and end on the last day of the month in which the first anniversary of the Building A Lease Commencement Date occurs (or if the Building A Lease Commencement Date is the first day of a calendar month, then the first Building A Lease Year shall commence on the Building A Lease Commencement Date and end on the day immediately preceding the first anniversary of the Building A Lease Commencement Date), and the second and each succeeding Building A Lease Year shall commence on the first day of the next calendar month; and further provided that the last Building A Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) business days of receipt thereof. Tenant's failure , provided that if such notice is not factually correct, then Tenant shall make such changes as are necessary to execute make such notice factually correct and shall thereafter return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified thereinsaid ten (10) business day period.

Appears in 1 contract

Samples: Office Lease (Box Inc)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated or extended as hereinafter herein provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during Within six (6) months following the Lease TermCommencement Date, Landlord may shall deliver to Tenant a notice Notice of Lease Term Dates in the form as set forth in Exhibit C, attached hereto, or a reasonably comparable form, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) days of receipt thereof. Tenant's failure , provided that if said notice is not factually correct, then Tenant shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to Landlord within such time ten (10) day period. Once the Notice of Lease Term Dates is executed and delivered by Landlord and Tenant, the same shall be conclusive binding upon Tenant that the information set forth in such notice is as specified thereinLandlord and Tenant.

Appears in 1 contract

Samples: Office Lease (Internet Brands, Inc.)

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date Phase I Lease Commencement Date set forth in Section 3.2 of the Summary (the "Summary, with each subsequent Lease Commencement Date")Date for its respective Phase of the Premises commencing on the applicable dates set forth in Section 3.2 of the Summary, and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of The term "Lease Commencement Date" when used in this Lease or shall mean the obligations of Tenant hereunderPhase I Lease Commencement Date unless specified to the contrary. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Phase I Lease Commencement Date and end on the last day of the twelfth (12th) full calendar month in which following the first anniversary of the Lease Commencement Date that occurs (or immediately following the Phase I Lease Commencement Date, provided that if the first Lease Commencement Date that occurs immediately following the Phase I Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and instead end on the day immediately preceding the first anniversary of such first Lease Commencement Date that occurs immediately following the Phase I Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during Promptly following Landlord's delivery of each Phase of the Lease TermPremises to Tenant, Landlord may shall deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) business days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Appears in 1 contract

Samples: Office Lease (Nektar Therapeutics)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease TermLEASE TERM") shall be as set forth in Section SECTION 3.1 of the Summary, shall commence on the date set forth in Section SECTION 3.2 of the Summary (the "Lease Commencement DateCOMMENCEMENT DATE"), and shall terminate on the date set forth in Section SECTION 3.3 of the Summary (the "Lease Expiration DateEXPIRATION DATE") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver delayed in delivering possession of the Premises to Tenant on due to the holding over of an existing tenant of the Building or for any specific datereason other than Landlord's willful refusal to deliver the Premises when Landlord is otherwise reasonably capable of such delivery, then Landlord shall not be subject to any liability whatsoever to Tenant for its failure to do sosuch delay, and such failure shall not affect impair the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease YearLEASE YEAR" shall mean each consecutive twelve (12) calendar month period during the Lease Term; providedprovided that, however, that if the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is shall be other than the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and shall end on the last day immediately preceding of the month in which the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar monthDate occurs; and further provided that that, the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice Notice in the form as set forth in Exhibit EXHIBIT C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) business days of receipt thereof. Tenant's failure to execute and return such notice Notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice Notice is as specified set forth therein.

Appears in 1 contract

Samples: Office Lease (Aethlon Medical Inc)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease, except for the provisions of this Lease which relate to the payment of Rent, which monetary obligations shall commence pursuant to the terms of Articles 3 and 4 of this Lease. The term of this Lease (the "Lease LEASE Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement DateLEASE COMMENCEMENT DATE"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration DateLEASE EXPIRATION DATE") unless this Lease is sooner terminated or extended as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease YearLEASE YEAR" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), thereafter and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant Tenant, if accurate, shall execute and return to Landlord within five (5) business days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Appears in 1 contract

Samples: Office Lease (Newgen Results Corp)

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. For purposes of this Lease, the term “Lease Month” shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the first (1st) full calendar month of the Lease Term and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Appears in 1 contract

Samples: Office Lease (Rockley Photonics Holdings LTD)

Initial Lease Term. The terms TCCs and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in Section 3.3 of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that that, if the Lease Commencement Date is any day other than the first (1st) day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. For purposes of this Lease, the term “Lease Month” shall mean each succeeding calendar month during the Lease Term; provided that the first Lease Month shall commence on the Lease Commencement Date and shall end on the last day of the calendar month in which the Lease Commencement Date occurs and that the last Lease Month shall expire on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five (5) days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein.

Appears in 1 contract

Samples: Office Lease (Acadia Pharmaceuticals Inc)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this LeaseLease except for the provisions of this Lease relating to the payment of “Rent,” as that term is defined in Section 4.1, below. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 7.1 of the Summary, Summary and shall commence on the date (the “Lease Commencement Date”) set forth in Section 3.2 7.2 of the Summary (subject to the "Lease Commencement Date"), terms of the Tenant Work Letter) and shall terminate on the date (the “Lease Expiration Date”) set forth in Section 3.3 7.3 of the Summary (the "Lease Expiration Date") Summary, unless this Lease is sooner terminated or extended as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence commencing on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end ending on the day immediately preceding the first before each anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Datethereof. At any time during the Lease Term, Landlord may deliver to Tenant a factually correct notice of Lease Term dates in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which notice Tenant shall execute and return to Landlord within five (5) business days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time Notwithstanding the foregoing, Tenant shall be conclusive upon entitled to occupancy of the Premises when the same are “Ready for Occupancy” (as defined in Section 5.01 of the Tenant that Work Letter), and further Tenant shall be allowed to early entry to the information set forth Premises in such notice is as specified accordance with the terms of Section 6.1 of the Tenant Work Letter for the purposes described therein.

Appears in 1 contract

Samples: Lease (Buy Com Inc)

Initial Lease Term. The terms and provisions TCC's of this Lease shall be effective as of ------------------ the date of this Lease. The term of this Lease (the "Lease TermLEASE TERM") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in Section 3.2 of the Summary (the "Lease Commencement DateLEASE COMMENCEMENT DATE"), and shall terminate ----------- on the date set forth in Section 3.3 of the Summary (the "Lease Expiration DateLEASE EXPIRATION ----------- DATE") unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease YearLEASE YEAR" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the eleventh month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), thereafter and the second and each succeeding Lease Year shall commence on the first day of the -6- next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit EXHIBIT C, attached --------- hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) days of receipt thereof. Tenant's failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that Notwithstanding the information anticipated Lease Commencement Date set forth in Section 3.3 of the Summary (the "ANTICIPATED LC DATE"), Tenant may toll such Anticipated LC Date in one (1) month increments, up to a maximum extension of six (6) months, by delivering the following to Landlord on or before the date which is twelve (12) months prior to the then- existing Anticipated LC Date, as previously extended: (i) written notice (a "TOLLING NOTICE") to Landlord setting forth that Tenant is thereby extending the Anticipated LC Date by one (1) or more months (up to the cumulative total of six (6) months), and (ii) concurrently with such Tolling Notice, a payment ("TOLLING PAYMENT") in an amount equal to $20,000 for each month so extended by such Tolling Notice. Notwithstanding the foregoing, Landlord shall have no liability to Tenant for any damages resulting from any delay in delivering possession of Building B to Tenant on the scheduled Anticipated LC Date, except as specified thereinspecifically set forth in this Lease and Section 5.4 of the Tenant Work Letter.

Appears in 1 contract

Samples: Terms of Lease (Diversa Corp)

Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date “Lease Commencement Date,” as that term is set forth in Section 3.2 of the Summary (the "Lease Commencement Date")Summary, and shall terminate on the date “Lease Expiration Date,” as that term is set forth in Section 3.3 of the Summary (the "Lease Expiration Date") Summary, unless this Lease is sooner terminated as hereinafter provided. If Landlord is unable for any reason to deliver possession of the Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) calendar month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within five ten (510) business days of receipt thereof; provided that if such notice is not factually correct, then Tenant shall make such changes as are necessary to make such notice factually correct and shall thereafter return such notice to Landlord within said ten (10) business day period. Tenant's ’s failure to execute and return such notice to Landlord within such time shall be conclusive upon Tenant that the information set forth in such notice is as specified therein. Notwithstanding the foregoing or anything to the contrary set forth in this Lease, Tenant shall have the right to occupy the Phase II Premises and/or the Hold Space (in the event that Tenant properly exercises its rights set forth in Section 1.3, above) (individually or collectively, as the content may require, the “Beneficial Occupancy Space”), for the conduct of Tenant’s business prior to the Phase II Lease Commencement Date, provided that (i) Tenant shall give Landlord at least five (5) days’ prior notice of any such occupancy of the Beneficial Occupancy Space, (ii) a certificate of occupancy, temporary certificate of occupancy, or its legal equivalent shall have been issued by the appropriate governmental authorities for the Beneficial Occupancy Space, as may be required by such governmental authorities in order for Tenant to legally occupy the Beneficial Occupancy Space, and (iii) all of the terms and conditions of this Lease shall apply (other than Tenant’s obligation to pay Base Rent), including Tenant’s obligation to pay Tenant’s Share of Building Direct Expenses attributable to the Beneficial Occupancy Space, as though the Phase II Lease Commencement Date had occurred (although the Phase II Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to Section 3.2 of the Summary, above) upon such occupancy of the Beneficial Occupancy Space by Tenant.

Appears in 1 contract

Samples: Office Lease (Trulia, Inc.)

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