Lessee’s Lease Default. Notwithstanding any provision to the contrary contained in this Lease, if any material default as described in Section 12.01 of Lease or failure by Lessee to timely observe or perform an obligation under this Work Letter has occurred at any time on or before the substantial completion of the Lessee Improvements, then (i) in addition to all other rights and remedies granted to Lessor pursuant to the Lease, Lessor shall have the right to cause Contractor to cease the construction of the Lessee Improvements (in which case, Lessee shall be responsible for any further delay in the substantial completion of the Lessee Improvements caused by such work stoppage), and (ii) all other obligations of Lessor under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Lessee shall be responsible for any delay in the substantial completion of the Lessee Improvements caused by such inaction by Lessor), and (iii) the date on which payment of Base Rent is to commence under the Lease shall not be affected.
Lessee’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if a material default as defined in the Lease, or a default by Lessee under this Construction Agreement, has occurred at any time on or before the Substantial Completion of the Initial Improvements, then (a) in addition to all other rights and remedies granted to Lessor pursuant to the Lease (including, without limitation, the right to terminate the Lease), Lessor shall have the right to cause the Contractor to cease the construction of the Initial Improvements (in which case Lessee shall be responsible for any delay in the Substantial Completion of the Office Improvements and/or Initial Improvements caused by such work stoppage as set forth in Section 7 of this Construction Agreement and for all damages caused thereby), and (b) all other obligations of Lessor under the terms of this Construction Agreement shall be forgiven until such time as such default is cured pursuant to the terms of the Lease.
Lessee’s Lease Default. Notwithstanding any provision to the contrary contained in this Lease, in the event of a default by Lessee under this Lease (which default is not cured within the applicable period for cure following Lessee's receipt of written notice from Lessor pursuant to Lease Article 22) at any time on or before the Substantial Completion of the Lessee Improvements, then in addition to all other rights and remedies granted to Lessor pursuant to the Lease, Lessor shall have the right to withhold payment of all or any portion of the Lessee Improvement Allowance and/or Lessor may cause Contractor to cease the construction of the Premises (in which case, Lessee shall be responsible for any delay in the Substantial Completion of the Lessee Improvements caused by such work stoppage and such delay shall not be deemed a Lessor Delay).
Lessee’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, as amended, if an event of default, beyond any applicable notice and cure period set forth in the Lease, as amended, under the Lease, as amended, or a default by Lessee, beyond any applicable notice and cure period set forth in the Lease, as amended, under this Tenant Work Letter, has occurred at any time on or before the Substantial Completion of the Expansion Premises, then (i) in addition to all other rights and remedies granted to Lessor pursuant to the Lease, Lessor shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or (ii) Lessor may cause Contractor to cease the construction of the Expansion Premises (in which case, Lessee shall be responsible for any delay in the Substantial Completion of the Expansion Premises caused by such work stoppage), in either case until such time as such default is cured pursuant to the terms of the Lease. EXHIBIT B -11- FIFTH AMENDMENT TO LEASE [11099 North Xxxxxx Xxxxx Road] [DermTech, Inc.] EXHIBIT C SUPERIOR RIGHT HOLDERS Coi Pharmaceuticals, Inc. has a right of first refusal and a right of first offer on all space in Building. Boundless Bio, Inc. has a right of first offer on any rentable space on second floor in the Building. EXHIBIT C -1- FIFTH AMENDMENT TO LEASE [11099 North Xxxxxx Xxxxx Road] [DermTech, Inc.] EXHIBIT D HOLDBACK SPACE
Lessee’s Lease Default. Notwithstanding any provision to the contrary contained in this Lease, if a default by Lessee as described in the Lease, or a default by Lessee under this Work Letter Agreement, has occurred at any time on or before Substantial Completion of the Lessee Improvements, and such default remains uncured after the applicable notice and cure periods under the Lease, then (a) in addition to all other rights and remedies granted to Lessor pursuant to the Lease, Lessor shall have the right to withhold payment of all or any portion of the Lessee Improvement Allowance, and/or Lessor may cause the Lessee’s Agents to cease the construction of the Lessee Improvements (in which case Lessee shall be responsible for any delay in the Substantial Completion of the Lessee Improvements caused by such work stoppage), and (b) all other obligations of Lessor under the terms of this Work Letter Agreement shall be forgiven until such time as such default is cured pursuant to the terms of the Lease. EXHIBIT B RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Attn: (SPACE ABOVE THIS LINE FOR RECORDER’S USE) SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (“Agreement”) is entered into as of ___, 2004, among VIRCO MFG. CORPORATION, a Delaware corporation (“Tenant”), FHL GROUP, a California corporation (“Borrower”), 1000 Xxxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxx Xxxxx, XX 00000, and ___(“Lender”), whose address is ___.
Lessee’s Lease Default. If an Event of Default as described in the Lease has occurred at any time on or before the Substantial Completion of the Premises, then, subject to Article 17 of the Lease, (i) in addition to all other rights and remedies granted to Lessor pursuant to the Lease, Lessor may cause Contractor to cease the construction of the Premises (in which case, Lessee shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as set forth in Section 5 of this Work Letter), and (ii) all other obligations of Lessor under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease.
Lessee’s Lease Default. Notwithstanding any provision to the contrary contained in this Lease, if a Breach as described in the Lease, or a default beyond any applicable notice and cure period by Lessee under this Leasehold Improvement Agreement, has occurred and is continuing at any time on or before the substantial completion of the Leasehold Improvements, then in addition to all other rights and remedies granted to Lessor pursuant to the Lease, Lessor shall have the right to withhold payment of all or any portion of the Leasehold Improvement Allowance until such time as such default is cured pursuant to the terms of the Lease. Initial MB Initial SCHEDULE 1 TO LEASEHOLD IMPROVEMENT AGREEMENT APPROVED SCOPE OF WORK Pfenex TI budget - 10790 Roselle 29-Apr-10 Total Available allowance $ 0 $ 0.00 Construction Budget (from page two) $ 471,576 $ 20.65 Architectural Fees – Estimate $ 22,833.00 Electrical and HVAC Engineering Fees – Estimate $ 18,266.40 Structural engineering – Estimate $ 0.00 Arch / eng reimbursable – Estimate $ 5,000.00 Plan Check and Permit Fees – budget $ 17,125 $ 0.75 Signage $ 0 $ 0.00 Phone Data Cabling $ 25,000 $ 1.09 Moving Expenses $ 22,833 $ 1.00 IH Project Management Fees $ 22,392 $ 0.98 Project Contingency $ 26,740 $ 1.17 Subtotal Construction Soft and Hard Costs $ 631,765 $ 0 $ 27.67 Total TI Overage for above items $ 631,765 $ 0 $ 27.67 ADDITIONAL FF&E ITEMS Furniture $ 0 $ 0.00 Misc $ 17.500 $ 0.77 Security system / restore card readers (allowance) $ 7,500 Move phone system and server room (allowance) $ 10,000 $ 0.00 Contingency: 5.0 % $ 875 $ 0.04 Total Additional FF&E Items $ 18,375 $ 0 $ 0.80 Grand Total Project Cost (total TI costs plus FF&E costs) $ 650,140 $ 0 $ 28.47 Grand Total Out of Pocket Expense $ 650,140 $ 0 $ 28.47 Initial MB Initial EXHIBIT D FORM OF ESTOPPEL CERTIFICATE State Farm Bank, F.S.B. Xxx Xxxxx Xxxx Xxxxx Xxxxxxxxxxx, Xxxxxxxx 00000-0000 Corporate Law — Investments Attn: (Name of Attorney) Re: Name of Lessor (as of the date hereof): Name of Lessee: Name of Lease Guarantor (if any): Date of Lease: Title and Date(s) of Amendments and Modifications to Lease (if any): Address of Premises (including suite number, if any) (the “Premises”): Square Footage of Premises: Collectively, the foregoing instrument is hereinafter referred to as the “Lease”. Dear Sir or Madam: Lessee is the lessee under that certain Lease described above and provides this Estoppel Certificate to State Farm Bank, F.S.B. (“State Farm”) as conclusive evidence of the...
Lessee’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease (as amended) or this Work Letter, if any default by Lessee under the Lease (as amended) or this Work Letter (including, without limitation, any failure by Lessee to fund in advance the costs for any Non-Conforming Improvements) occurs, then (i) in addition to all other rights and remedies granted to Lessor pursuant to the Lease (as amended), Lessor shall have the right to cause the cessation of construction of the Improvements (in which case, Lessee shall be responsible for any delay in the substantial completion of the Improvements and any costs occasioned thereby), and (ii) all other obligations of Lessor under the terms of the Lease (as amended) and this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of this Lease. EXHIBIT A -5- Exhibit B Space Plan Exhibit B -2- BASIS OF DESIGN 11000 X. Xxxxxx Pines Road, First Floor – Dermtech Expansion of Break Room and Remodel of Lab and Office Areas 11/14/2016 Based on floor plan by XxXxxxxxx Architects dated 11/9/16.
Lessee’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Lessee under the Lease or any default by Lessee under this Lessee Work Letter has occurred at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Lessor pursuant to the Lease, at law and/or in equity, Lessor shall have the right to withhold payment of all or any portion of the Lessee Improvement Allowance and/or Lessor may cause Contractor to cease the construction of the Premises (in which case, Lessee shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as set forth in Section 5.2 of this Lessee Work Letter), and (ii) all other obligations of Lessor under the terms of this Lessee Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Lessee shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Lessor). In addition, if the Lease is terminated prior to the Expansion Space Commencement Date, for any reason due to an event of default by Lessee under the Lease or a default under this Lessee Work Letter, in addition to any other remedies available to Lessor under the Lease, at law and/or in equity, Lessee shall pay to Lessor, as additional rent under the Lease, within five (5) days of receipt of a statement therefor, any and all costs incurred by Lessor (including any portion of the Lessee Improvement Allowance disbursed by Lessor) and not reimbursed or otherwise paid by Lessee through the date of such termination in connection with the Lessee Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Lessee Improvements and restoration costs related thereto; provided, however, that to the extent said Lessee Improvements are not removed Lessee shall have no obligation to make any such payment.
Lessee’s Lease Default. Notwithstanding any provision to the contrary contained in this Lease, in the event of a default by Lessee under this Lease (which default is not cured within the applicable period for cure following Lessee’s receipt of written notice from Lessor pursuant to Lease Section 7.08) at any time on or before the Substantial Completion of the Premises, then (i) in addition to all other rights and remedies granted to Lessor pursuant to the Lease, Lessor shall have the right to withhold payment of all or any portion of the Lessee Improvement Allowance and/or Lessor may cause Contractor to cease the construction of the Premises (in which case, Lessee shall be responsible for any delay in the substantial completion of the Premises caused by such work stoppage), and (ii) all other obligations of Lessor under the terms of this Exhibit shall be forgiven, until such time as such default is cured pursuant to the terms of the Lease. Schedule I Description of Improvements Power upgrades and other improvements are required to operate a cannabis processing facility in the Premises. Schedule II Construction Budget Power Upgrades $150,000.00 Other Improvements $200,000.00
