Lease Incentives. If Tenant is in default under this Lease at any time during the Lease Term and without limiting the foregoing, if Landlord has given Tenant any lease incentives or other inducements or consideration in connection with this Lease, including without limitation, any abatement of rent but excluding the Tenant Improvement Allowance ("lncentives") then the incentives will terminate and Landlord may recover from Tenant the value of all such incentives received by Tenant in addition to all other damages recoverable by Landlord pursuant to the provisions of this Lease. LANDLORD: Massachusetts Mutual Life Insurance Company, a Massachusetts Corporation By: Cornerstone Real Estate Advisers, Inc. dba: Cornerstone Advisers, Inc. By: /S/JULIE A. TREINEN ----------------------------- Julie Trxxxxx Xxx: Xxxx President Date: 2/10/00 TENANT: EQUIDYNE Corporation A Delaware Corporation By: /S/RANDALL NELSON --------------------------- Randall Nexxxx Xxx: Xxesident, CEO Date: 2/4/00 RIDER TO LEASE This Rider To Lease attached to and made a part of the Lease Agreement ("Lease") dated February 3, 2000, between Massachusetts Mutual Life Insurance Company, a Massachusetts Corporation, as Landlord, and Equidyne Corporation, a Delaware Corporation, as Tenant, for Suite 351 consisting of approximately 4,487 rentable square feet, located at 11770 Bernardo Plaza Court, City of San Diego, State of California. Xxxxxx xxxxxxxxx xxxxxxx, or the context otherwise indicates, the terms used herein have the meanings defined in the Lease. The provisions of this Rider To Lease shall control over any inconsistent provisions of the Lease. The Lease is hereby modified and supplemented as follows:
Lease Incentives. The Completion Net Asset Statement shall not ascribe value to any assets relating to rent free periods and other lease incentives granted to any tenants prior to Completion.
Lease Incentives. In lieu of making or contributing toward the cost of any tenant improvements to the 5th Expansion Space, the Base Rent applicable toward the 5th Expansion Space shall be discounted as follows: Tenant shall not be obligated to pay Base Rent for the 5th Expansion Space for the first month of the first lease year of the lease term for the 5th Expansion Space, and for the first month in each subsequent lease year thereafter during the lease term of the 5th Expansion Space. If Tenant desires to retain Landlord to perform any tenant improvements within the 5th Expansion Space, Landlord agrees to cause such work to be performed at Landlord's cost, plus five percent (5%).
Lease Incentives. Without limiting any other provisions of this Lease, if Tenant is in default under this Lease at any time during the Term and if Landlord has given Tenant any lease incentives or other inducements or consideration in connection with this Lease (“Incentives”), including without limitation, any abatement of rent but excluding the Tenant Improvement Allowance then the Incentives will terminate and Landlord may recover from Tenant the value of all such Incentives received by Tenant in addition to all other damages recoverable by Landlord pursuant to the provisions of this Lease.
Lease Incentives. As more particularly set forth in Section 4(k) above, Purchaser shall provide a credit to Seller for any unamortized Lease Incentive Expenses arising out of any Approved New Leases or amendment to a Lease approved or deemed approved by Purchaser in accordance with Section 4(g) and (k), but only to the extent Seller shall have paid such Lease Incentive Expenses prior to the Closing Date. With respect to Approved New Leases, if any Lease Incentive Expenses were not required by the terms of the Approved New Lease to be performed or satisfied by Seller prior to Closing and have not been performed or satisfied by Seller by Closing, Purchaser shall be obligated to assume the remaining obligation for all such unperformed Lease Incentive Expenses and otherwise to keep, perform and observe all of the terms, covenants and agreements to be kept, performed and observed by the landlord thereunder arising after Closing With respect to each Existing Lease, if all of landlord’s obligations to construct tenant improvements are not fully performed as of the Closing Date or if all of landlord’s obligations to pay for or incur Lease Incentive Expenses are not fully paid or incurred as of the Closing Date, then Seller shall provide Purchaser a credit against the Purchase Price at Closing in an amount equal to the costs to complete such tenant improvements plus the cost of all such other Lease Incentive Expenses which have not been fully paid, and thereafter Purchaser shall be obligated to complete such tenant improvements and pay or incur such Lease Incentive Expenses. Notwithstanding anything to the contrary in this Section 9(g), in the event that any tenant punchlist items arising under a contract for work executed by Seller pursuant to a Lease remains unperformed at Closing, Purchaser shall have the right to cause Seller to complete the punchlist items, the costs and expenses of which shall be paid for by Seller (subject to the terms hereof) with proof of completion and payment provided to Purchaser.
