Initial Lease Term. The TCCs and provisions of this Lease shall be effective as of the Effective Date. 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 of Lease Term Dates substantially in the form set forth in Exhibit C attached hereto (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 fifteen (15) business days of receipt thereof; 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 revised Notice of Lease Term Dates to Landlord within such 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 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 this Section.
Appears in 1 contract
Sources: Office Lease (Reddit, Inc.)
Initial Lease Term. The TCCs terms and provisions of this Lease shall be effective as of the Effective Datedate 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 Yearis sooner terminated or extended as herein provided. 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. 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 Within six (6) months following 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 TermDate, Landlord may shall deliver to Tenant a Notice of Lease Term Dates substantially in the form as set forth in Exhibit C EXHIBIT C, attached hereto (the "Notice of Lease Term Dates"or a reasonably comparable form), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within fifteen twenty (1520) business days of receipt thereof; , provided that if said Notice of Lease Term Dates notice is not factually correct, then Tenant may shall make such changes as are necessary to make the Notice of Lease Term Dates notice factually correct, correct and shall thereafter execute and return such revised Notice of Lease Term Dates notice to Landlord within such 15-twenty (20) 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 Once the Notice of Lease Term Dates within thirty (30) days following the Lease Commencement Dateis executed and delivered by Landlord and Tenant, 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, shall be binding upon Landlord shall make such changes to the 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 this Sectionand Tenant.
Appears in 1 contract
Sources: Office Lease (Navarre Corp /Mn/)
Initial Lease Term. The TCCs and provisions of this Lease shall be effective as of the Effective Datedate 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 Phase I Lease Commencement Date set forth in Section 3.2 of the Summary, with each subsequent Lease Commencement 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. The term "Lease Commencement Date" when used in this Lease shall mean the Phase 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. For purposes Promptly following Landlord's delivery 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 Phase 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 TermPremises to Tenant, Landlord may shall deliver to Tenant a Notice of Lease Term Dates substantially notice in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates")hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within fifteen ten (1510) business days of receipt thereof; 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 revised Notice of Lease Term Dates to Landlord within such 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 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 this Section.
Appears in 1 contract
Sources: Office Lease (Nektar Therapeutics)
Initial Lease Term. The TCCs and provisions of this Lease shall be effective as of the Effective Datedate 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. 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, 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 (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Month shall be that calendar month)Date. At any time during the Lease Term, Landlord may deliver to Tenant a Notice of Lease Term Dates substantially notice in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates")hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within fifteen five (155) business days of receipt thereof; 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 revised Notice of Lease Term Dates to Landlord within such 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 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 this Section.
Appears in 1 contract
Initial Lease Term. The TCCs terms and provisions of this Lease shall be effective as of the Effective Datedate 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 herein provided. 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. 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 Within six (6) months following 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 TermDate, Landlord may shall deliver to Tenant a Notice of Lease Term Dates substantially in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates")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 fifteen ten (1510) business days of receipt thereof; , provided that if said Notice of Lease Term Dates notice is not factually correct, then Tenant may shall make such changes as are necessary to make the Notice of Lease Term Dates notice factually correct, correct and shall thereafter execute and return such revised Notice of Lease Term Dates notice to Landlord within such 15-business ten (10) 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 Once the Notice of Lease Term Dates within thirty (30) days following the Lease Commencement Dateis executed and delivered by Landlord and Tenant, 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, shall be binding upon Landlord shall make such changes to the 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 this Sectionand Tenant.
Appears in 1 contract
Sources: Office Lease (Internet Brands, Inc.)
Initial Lease Term. The TCCs and provisions of this Lease shall be effective as of the Effective Datedate 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. 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, 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 (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Month shall be that calendar month)Date. At any time during the Lease Term, Landlord may deliver to Tenant a Notice of Lease Term Dates substantially notice in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates")hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within fifteen five (155) business days of receipt thereof; 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 revised Notice of Lease Term Dates to Landlord within such 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 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 this Section.
Appears in 1 contract
Initial Lease Term. The TCCs terms and provisions of this Lease shall be effective as of the Effective date of this Lease. The term of this Lease (the "Lease Term") shall commence on the "Lease Commencement Date," as that term is set forth in Section 3.2 of the Summary, and shall terminate on the "Lease Expiration Date," as that term is set forth in Section 3.3 of the Summary, unless this Lease is sooner terminated or extended as hereinafter provided. This Lease is effective and binding upon Landlord and Tenant upon mutual execution and delivery hereof, notwithstanding the later Lease Commencement Date. The 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 month in which the first anniversary of the Lease Commencement Date occurs twelfth (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 (1st12th) 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)thereafter. At any time during the Lease Term, Landlord may deliver to Tenant a Notice of Lease Term Dates substantially notice in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates")hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within fifteen ten (1510) business days of receipt thereof; provided that if said Notice of Lease Term Dates such notice is not factually correct, then Tenant may shall make such changes as are necessary to make the Notice of Lease Term Dates such notice factually correct, correct and shall thereafter return such notice to Landlord within said ten (10) business day period. Tenant's failure to execute and return such revised Notice of Lease Term Dates notice to Landlord within such 15-business day period. The dates set forth on the fully executed Notice of Lease Term Dates time 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 that 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 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 information set forth in this Sectionsuch notice is as specified therein.
Appears in 1 contract
Initial Lease Term. The TCCs and provisions of this Lease shall be effective as of the Effective 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 3.4 of the Summary (the “Lease Expiration Date”) unless this Lease is sooner terminated or extended as hereinafter provided. 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. For purposes of this Lease, the term "“Lease Month" ” shall mean each succeeding calendar month during the Lease Term; provided, however, 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 (or if Date. Within a reasonable period of time after the occurrence of the Lease Commencement Date is Date, the first day of parties shall execute 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 of Lease Term Dates substantially notice confirming key dates and other information in the form set forth in Exhibit C attached hereto (the "Notice of Lease Term Dates")as Exhibit C, attached hereto, as a confirmation only of the information set forth therein; however, which Tenant shall execute and return to Landlord within fifteen (15) business days the failure of receipt thereof; 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 revised Notice of Lease Term Dates to Landlord within such 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 execute such letter shall not defer the Lease Commencement Date, Tenant may send written notice to Landlord substantially in the form of the Notice of Date or otherwise invalidate this Lease Term Dates. In such event, Landlord shall acknowledge Tenant's Notice of Lease Term Dates by executing or constitute 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 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 this Sectionbreach or default hereunder.
Appears in 1 contract
Sources: Office Lease (F5 Networks Inc)
Initial Lease Term. The TCCs and provisions of this Lease shall be effective as of the Effective Datedate 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. 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, 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 (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Month shall be that calendar month)Date. At any time during the Lease Term, Landlord may deliver to Tenant a Notice of Lease Term Dates substantially notice in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates")hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within fifteen five (155) business days of receipt thereof; provided that if said Notice of Lease Term Dates is not factually correct. 2.2 Option Term. -6- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, 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 revised Notice of Lease Term Dates to Landlord within such 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 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 this Section.Inc.
Appears in 1 contract
Sources: Office Lease (Amplitude, Inc.)
Initial Lease Term. The TCCs and provisions of this Lease shall be effective as of the Effective Datedate 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. 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, 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 (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Month shall be that calendar month)Date. At any time during the Lease Term, Landlord may deliver to Tenant a Notice of Lease Term Dates substantially notice in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates")hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within fifteen ten (1510) business days of receipt thereof; provided that if said Notice of Lease Term Dates notice is not factually correct, then Tenant may shall make such changes as are necessary to make the Notice of Lease Term Dates notice factually correct, correct and shall thereafter execute and return such revised Notice of Lease Term Dates notice to Landlord within such 15-ten (10) business day period. The dates set forth on the fully executed Notice of Lease Term Dates ; further provided that such modified notice shall be conclusive and binding upon Landlord and Tenant, unless Landlord within ten (10) business days following receipt of Tenant’s changes sends a written notice to Tenant rejecting Tenant's ’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 Notice Premises to Tenant by any particular date; provided that the commencement date for Tenant’s lease of Lease Term Date. If Landlord fails to send Tenant the Notice of Lease Term Dates within thirty (30) days following 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, Tenant may send written notice 2014 (subject to extension on a day-for-day basis (i) for each day of delay in Tenant’s execution of this Lease and delivery thereof to Landlord substantially beyond February 28, 2014, (ii) to the extent of any “Tenant Delay” (as that term is defined in the form Section 5.2 of the Notice Work Letter), and/or (iii) to the extent of Lease Term Datesany delays resulting from events of “Force Majeure” (as that term is defined in Section 29.16 of this Lease). In such eventaddition, Landlord shall acknowledge Tenant's Notice of if the Lease Term Dates by executing Commencement Date does not occur on or before June 30, 2014 (subject to extension on 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 day-for-day basis to the Notice extent 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 this Section.any Tenant Delay and/or delays resulting from events of
Appears in 1 contract
Sources: Office Lease (Versartis, Inc.)
Initial Lease Term. The TCCs and provisions of this Lease shall be effective as of the Effective Datedate 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. 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, 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 (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Month shall be that calendar month)Date. At any time during the Lease Term, Landlord may deliver to Tenant a Notice of Lease Term Dates substantially notice in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates")hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within fifteen five (155) business days of receipt thereof; provided . Landlord and Tenant hereby acknowledge that if said Notice Tenant leases certain space commonly known as Suite 400 on the fourth (4th) floor of that certain building located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ./ -/// -10- ▇▇▇▇▇▇ REALTY, L.P. [ACADIA Pharmaceuticals Inc.] Drive from another tenant (the "Sublease Premises"). If the Lease Term Dates is not factually correctCommencement Date shall occur after the expiration date (i.e., after May 31, 2020) or earlier termination of such sublease of the Sublease Premises, then Landlord and Tenant may make such changes as are necessary to make shall enter into a direct lease for the Notice of Lease Term Dates factually correct, and thereafter execute and return such revised Notice of Lease Term Dates to Landlord within such 15-business day period. The dates set forth Sublease Premises in a form materially consistent with Exhibit I attached hereto for a term commencing on the fully executed Notice expiration of Lease Term Dates shall be conclusive such sublease 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 expiring on 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 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 this Section.
Appears in 1 contract
Initial Lease Term. The TCCs terms and provisions of this Lease shall be effective as of the Effective Datedate of this Lease 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 7.1 of the Summary and shall commence on the date (the "Lease Commencement Date") set forth in Section 7.2 of the Summary, and shall terminate on the date (the "Lease Expiration Date") set forth in Section 7.3 of the Summary, unless this Lease is sooner terminated as hereinafter provided. The parties acknowledge that Tenant is currently leasing from Landlord 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 entirety of the Premises. 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. 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 Once during the Lease Term, Landlord may deliver to Tenant a Notice notice of Lease Term Dates substantially dates in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates"), as a confirmation only of the information set forth thereinhereto, which notice Tenant shall execute and return to Landlord within fifteen five (155) business days of receipt thereof; provided that if said Notice , and thereafter the dates set forth on such notice shall be conclusive and binding upon Tenant. Failure of Lease Term Dates is not factually correct, then Tenant may make such changes as are necessary to make timely execute and deliver the Notice of Lease Term Dates factually shall constitute an acknowledgment by Tenant that the statements included in such notice are true and correct, and thereafter execute and return such revised Notice of Lease Term Dates to Landlord within such 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 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 this Sectionwithout exception.
Appears in 1 contract
Sources: Office Lease (Ticketmaster)
Initial Lease Term. The TCCs terms and provisions of this Lease shall be effective as of the Effective Datedate 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 "COMMENCEMENT DATE"), and shall terminate on the date set forth in SECTION 3.3 of the Summary (the "EXPIRATION DATE") unless this Lease Yearis sooner terminated as hereinafter provided. If Landlord is delayed in delivering possession of the Premises to Tenant due to the holding over of an existing tenant of the Building or for any reason 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 such delay, and such failure shall not impair 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; 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 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 month in which the first (1st) full calendar month anniversary of the Lease Term Commencement Date occurs; and that further provided that, the last Lease Month Year shall expire end 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)Date. At any time during the Lease Term, Landlord may deliver to Tenant a Notice of Lease Term Dates substantially in the form as set forth in Exhibit C EXHIBIT C, attached hereto (the "Notice of Lease Term Dates")hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within fifteen five (155) business days of receipt thereof; provided that if said Notice of Lease Term Dates is not factually correct, then Tenant may make such changes as are necessary . Tenant's failure to make the Notice of Lease Term Dates factually correct, and thereafter execute and return such revised Notice of Lease Term Dates to Landlord within such 15-business day period. The dates set forth on the fully executed Notice of Lease Term Dates time 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 that 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 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 information set forth in this Sectionsuch Notice is as set forth therein.
Appears in 1 contract
Sources: Office Lease (Aethlon Medical Inc)
Initial Lease Term. The TCCs terms and provisions of this Lease shall be effective as of the date this Lease 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. 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. 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 of Lease Term Dates substantially notice in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates")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 fifteen five (155) business days of receipt thereof; 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 revised Notice of Lease Term Dates to Landlord within such 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 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 this Section.
Appears in 1 contract
Sources: Office Lease (TrueCar, Inc.)
Initial Lease Term. The TCCs terms and provisions of this Lease shall be effective as of the Effective Datedate 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. 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. 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 of Lease Term Dates substantially notice in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates")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 fifteen ten (1510) business days of receipt thereof; 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 revised Notice of Lease Term Dates to Landlord within such 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 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 this Section.
Appears in 1 contract
Initial Lease Term. The TCCs and provisions of this Lease shall be effective as of the 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 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, 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. 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 Promptly following 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 TermDate, Landlord may deliver to Tenant a Notice of Lease Term Dates substantially notice in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates"a “Commencement Letter”), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within fifteen thirty (1530) business days of receipt thereof; provided that if said Notice of Lease Term Dates is not factually correct, then . If Tenant may make such changes as are necessary fails to make the Notice of Lease Term Dates factually correct, and thereafter execute sign and return such revised Notice of Lease Term Dates 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 15Commencement 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-business for-day periodabatement 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 (a “Termination Notice”) electing to terminate this Lease effective the date the Termination Notice is delivered to Landlord. The dates set forth on Termination Notice must be delivered by Tenant to Landlord, if at all, not earlier than the fully executed Outside Date nor later than August 1, 2016. The effectiveness of any such Termination Notice of Lease Term Dates delivered by Tenant to Landlord shall be conclusive and binding upon governed by the terms of this Section 2.1. If, prior to the Outside Date, Landlord and Tenantdetermines that Landlord shall not deliver the Premises to Tenant in the Delivery Condition by the Outside Date, unless then Landlord sends shall have the right to deliver a written notice to Tenant rejecting Tenant's changesstating Landlord’s opinion as to the date by which Landlord shall deliver the Premises to Tenant in the Delivery Condition, whereupon this procedure and Tenant shall be repeated until 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 Landlord’s receipt of such notice, or (ii) to agree to extend the parties mutually agree upon Outside Date to that 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 contents 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 Notice Tenant Work Letter, caused by Tenant. Upon any termination as set 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 Lease Term Date. If such prepaid rent, Landlord fails shall make a payment to send Tenant Tenant, by check or wire transfer, in the Notice amount of Lease Term Dates $250,000.00 within thirty (30) days following the Lease Commencement Date, Tenant may send written notice to Landlord substantially in the form termination of the Notice of Lease Term Dates(the “Termination Fee”). In such eventTenant’s rights to terminate this Lease and receive the Termination Fee, 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 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 this SectionSection 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
Sources: Office Lease (Unity Software Inc.)
Initial Lease Term. The TCCs terms and provisions of this Lease shall be effective as of the Effective Datedate of this Lease. The term "of this Lease Year" shall mean each consecutive twelve (12) calendar month period during the “Lease Term; provided”) shall be as set forth in Section 3.1 of the Summary, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day date set forth in Section 3.2 of the month in which Summary (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 terminate on the first day date set forth in Section 3.3 of the next calendar month; and further provided that Summary (the last Lease Year shall end on the “Lease Expiration Date”) unless this Lease is sooner terminated as hereinafter provided. 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 (1sta) 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 shall be the first day of a calendar month, then it shall end on the last day of said calendar month, or (b) if the Lease Commencement Date shall be other than the first Lease Month day of a calendar month, then it shall end on the last day of said calendar month (and, accordingly, shall be that shorter than a calendar month). At any time during the Lease Term, . Landlord may deliver to Tenant a Notice of Lease Term Dates substantially notice in the form as set forth in Exhibit C C. attached hereto (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 fifteen ten (1510) business days of receipt thereof; thereof (provided that if said Notice of Lease Term Dates notice is not factually correct, then Tenant may shall make such changes as are necessary to make the Notice of Lease Term Dates notice factually correct, correct and shall thereafter execute and return such revised Notice of Lease Term Dates notice to Landlord within such 15-business ten (10) day period. The ), 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 fully executed Notice of Lease Term Dates shall be conclusive constitute an acknowledgment by Tenant that the statements included in such notice are true 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 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 this Sectionwithout exception.
Appears in 1 contract
Sources: Office Lease (KAYAK SOFTWARE Corp)
Initial Lease Term. The TCCs and provisions of this Lease shall be effective as of the Effective Date. 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 Phase I Commencement Date and end on the last day of the month in which the first anniversary of the Lease Phase I Commencement Date occurs (or if the Lease Phase I Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Phase I Commencement Date and end on the day immediately preceding the first anniversary of the Lease Phase I 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 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 Phase I 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 Phase I Commencement Date is the first day of a calendar month, then the first Lease Month shall be that calendar month)) and that the last Lease Month shall expire on the Lease -9- [Olema Pharmaceuticals, Inc.][▇▇▇▇▇▇ Oyster Point][▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇.] Expiration Date. At any time during the Lease Term, Landlord may deliver to Tenant a Notice of Lease Term Dates substantially in the form set forth in Exhibit C attached hereto (the "Notice of Lease Term Dates")hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return (or provide comments with respect thereto) to Landlord within fifteen ten (1510) business days of receipt thereof; 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 revised Notice of Lease Term Dates to Landlord within such 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 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 this Section.
Appears in 1 contract
Initial Lease Term. The TCCs and provisions of this Lease shall be effective as of the Effective Datedate 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 ▇▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇ 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, however, 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 (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Month shall be that calendar month)Date. At any time during the Lease Term, Landlord may deliver to Tenant a Notice of Lease Term Dates substantially notice in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates")hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within fifteen ten (1510) business days of receipt thereof; 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 revised Notice of Lease Term Dates to Landlord within such 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 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 this Section.
Appears in 1 contract
Initial Lease Term. The TCCs and provisions of this Lease shall be effective as of the Effective Datedate 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. 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. 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 of Lease Term Dates substantially notice in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates")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 fifteen five (155) business days of receipt thereof; 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 revised Notice of Lease Term Dates to Landlord within such 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 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 this Section.
Appears in 1 contract
Initial Lease Term. The TCCs terms and provisions of this Lease with respect to all of the rentable square footage of the Building shall be effective as of the Effective Datedate of this Lease. The term of this Lease (the "LEASE TERM") shall be as set forth in Section 7.1 of the Summary and shall commence on the earlier to occur of (i) the date 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 1.2 of the 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 DATE") and shall terminate on the date (the "LEASE EXPIRATION DATE") set forth in Section 7.3 of the Summary, unless this Lease Yearis sooner terminated or extended as hereinafter provided. 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. 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 Within six (6) months following 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 TermDate, Landlord may shall deliver to Tenant a Notice of Lease Term Dates substantially (the "NOTICE OF LEASE TERM DATES") in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates"), as a confirmation only of the information set forth thereinhereto, which Notice Tenant shall execute and return to Landlord within fifteen ten (1510) business days of receipt thereof; thereof (provided that if said Notice of Lease Term Dates is not factually correct, then Tenant may shall make such changes as are necessary to make the Notice of Lease Term Dates factually correct, correct and shall thereafter execute and return such revised Notice of Lease Term Dates to Landlord within such 15-ten (10) business day period. The ), and thereafter the dates set forth on the fully executed such Notice of Lease Term Dates shall be conclusive and binding upon Landlord Tenant and TenantLandlord, unless Landlord within fifteen (15) business days following receipt of Tenant's changes sends a written notice 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 Notice contents are determined by arbitration pursuant to Section 29.29, below. Failure of Lease Term Date. If Landlord fails Tenant to send Tenant 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. In the event Landlord shall fail to send Tenant Notice of the occurrence of the Lease Commencement Date within thirty six (306) days months following the Lease Commencement Date, Tenant may send written notice to Landlord Notice of the occurrence of the Lease Commencement Date substantially in the form of the attached hereto as Exhibit C, which Notice of Lease Term Dates. In such event, Landlord shall acknowledge Tenant's Notice of Lease Term Dates by executing a copy thereof of the Notice and returning the same it to Tenant within fifteen (15) business days; provided that if such said Notice of Lease Term Dates is not factually correct, the Landlord shall make such changes to the 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 this SectionSection 2.1).
Appears in 1 contract
Sources: Office Lease (Etoys Inc)
Initial Lease Term. The TCCs and provisions of this Lease shall be effective as of the Effective Datedate 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. 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, 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 (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Month shall be that calendar month)Date. At any time during the Lease Term, Landlord may deliver to Tenant a Notice of Lease Term Dates substantially notice in the form as set forth in Exhibit C attached hereto (the "Notice of Lease Term Dates"“Commencement Notice”), as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within fifteen ten (1510) business days of receipt thereof; provided provided, however, that if said the Commencement Notice of Lease Term Dates is not factually correct, then Tenant may shall make such changes as are necessary to make the Notice of Lease Term Dates Commencement Amendment factually correct, correct and shall thereafter execute and return such revised corrected Commencement Notice of Lease Term Dates to Landlord within such 15-ten (10) business day period. The period and thereafter the dates set forth on the fully executed such corrected Commencement Notice of Lease Term Dates shall be conclusive and binding upon Landlord Tenant and TenantLandlord, unless Landlord Landlord, within ten (10) business days following receipt of Tenant’s changes, sends a written notice to Tenant rejecting Tenant's ’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 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 this SectionNotice.
Appears in 1 contract
Initial Lease Term. The TCCs and provisions of this Lease shall be effective as of the Effective Datedate 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. 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, 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 (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Month shall be that calendar month)Date. At any time during the Lease Term, Landlord may deliver to Tenant a Notice of Lease Term Dates substantially notice in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates")hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within fifteen five (155) business days of receipt thereof; provided . Landlord and Tenant hereby acknowledge that if said Notice Tenant leases certain space commonly known as Suite 400 on the fourth (4th) floor of that certain building located at 3▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ./ -/// -10- K▇▇▇▇▇ R▇▇▇▇▇, L.P. [ACADIA Pharmaceuticals Inc.] Drive from another tenant (the “Sublease Premises”). If the Lease Term Dates is not factually correctCommencement Date shall occur after the expiration date (i.e., after May 31, 2020) or earlier termination of such sublease of the Sublease Premises, then Landlord and Tenant may make such changes as are necessary to make shall enter into a direct lease for the Notice of Lease Term Dates factually correct, and thereafter execute and return such revised Notice of Lease Term Dates to Landlord within such 15-business day period. The dates set forth Sublease Premises in a form materially consistent with Exhibit I attached hereto for a term commencing on the fully executed Notice expiration of Lease Term Dates shall be conclusive such sublease 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 expiring on 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 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 this Section.
Appears in 1 contract
Initial Lease Term. The TCCs and provisions of this Lease shall be effective as of the Effective Datedate 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 or extended pursuant to the terms of Section 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, however, 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 (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Month shall be that calendar month)Date. At any time during the Lease Term, Landlord may deliver to Tenant a Notice of Lease Term Dates substantially notice in the form as set forth in Exhibit C C, attached hereto (the "Notice of Lease Term Dates")hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within fifteen five (155) business days of receipt thereof; 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 revised Notice of Lease Term Dates to Landlord within such 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 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 this Section.
Appears in 1 contract
Sources: Office Lease (Retrophin, Inc.)
Initial Lease Term. The TCCs and provisions TCC's of this Lease shall be effective as of ------------------ the Effective Datedate 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 Yearis sooner terminated as hereinafter provided. 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 -6- 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 of Lease Term Dates substantially notice in the form as set forth in Exhibit C EXHIBIT C, attached hereto (the "Notice of Lease Term Dates")--------- hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within fifteen ten (1510) business days of receipt thereof; provided that if said Notice of . Notwithstanding the anticipated 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 revised Notice of Lease Term Dates to Landlord within such 15-business day period. The dates Commencement Date 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 in Section 3.3 of the Notice of Lease Term Date. If Landlord fails to send Tenant Summary (the Notice of Lease Term Dates within thirty (30) days following the Lease Commencement Date"ANTICIPATED LC DATE"), Tenant may send 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 substantially 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 form of the Notice of Lease Term Dates. In such eventforegoing, Landlord shall acknowledge Tenant's Notice of Lease Term Dates by executing a copy thereof and returning the same have no liability to Tenant within fifteen (15) business days; provided that if such Notice for any damages resulting from any delay in delivering possession of Lease Term Dates is not factually correctBuilding B to Tenant on the scheduled Anticipated LC Date, Landlord shall make such changes to the Notice of Lease Term Dates except 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 specifically set forth in this SectionLease and Section 5.4 of the Tenant Work Letter.
Appears in 1 contract
Sources: Lease (Diversa Corp)