Common use of Other Improvements Clause in Contracts

Other Improvements. If portions of the Project or property adjacent to the Project (collectively, the “OTHER IMPROVEMENTS”) are owned by an entity other than Landlord, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access and/or use of the Project and the Other Improvements, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and the Other Improvements, (iii) for the allocation of a portion of the Direct Expenses to the Other Improvements and the operating expenses and taxes for the Other Improvements to the Project, and (iv) for the use or improvement of the Other Improvements and/or the Project in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the Project, provided, however, that if any Direct Expenses related to the Other Improvements are being allocated to the Project, the limitations set forth in Section 4 above shall apply to such Direct Expenses, and provided further, that the Additional Rent payable by Tenant pursuant to Section 4 of this Lease shall not increase solely as a result of such allocation (i.e. shall not increase more than it would have increased in the absence of such allocation). Nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord’s right to convey all or any portion of the Project or any other of Landlord’s rights described in this Lease.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

AutoNDA by SimpleDocs

Other Improvements. If portions of the Project or property adjacent to the Project (collectively, the "OTHER IMPROVEMENTS") are owned by an entity other than Landlord, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access and/or use of the Project and the Other Improvements, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and the Other Improvements, (iii) for the allocation of a portion of the Direct Expenses to the Other Improvements and the operating expenses and taxes for the Other Improvements to the Project, and (iv) for the use or improvement of the Other Improvements and/or the Project in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the Project, provided, however, that if any Direct Expenses related to the Other Improvements are being allocated to the Project, the limitations set forth in Section 4 above shall apply to such Direct Expenses, and provided further, that the Additional Rent payable by Tenant pursuant to Section 4 of this Lease shall not increase solely as a result of such allocation (i.e. shall not increase more than it would have increased in the absence of such allocation). Nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord’s 's right to convey all or any portion of the Project or any other of Landlord’s 's rights described in this Lease.

Appears in 2 contracts

Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

Other Improvements. If portions of the Project Real Property or property adjacent to the Project Real Property (collectively, the “OTHER IMPROVEMENTSOther Improvements”) are owned by an entity other than Landlord, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access access, use and/or use enjoyment of the Project Parking Facilities and the Other Improvementsother Common Areas, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and the Other ImprovementsProject, (iii) for the allocation of a portion of the Direct Operating Expenses and Real Property Taxes to the Other Improvements and the allocation of a portion of the operating expenses and taxes for the Other Improvements to the ProjectBuilding, and (iv) for the use or improvement of the Other Improvements and/or the Project Building in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the ProjectBuilding, and (v) for any other matter which Landlord reasonably deems appropriate or necessary; provided, however, that if none of the foregoing increases Tenant’s monetary obligations, materially increases any Direct Expenses related to the Other Improvements are being allocated to the Projectother of Tenant’s obligations, the limitations set forth in Section 4 above shall apply to such Direct Expensesor materially diminishes Tenant’s rights, and provided further, that the Additional Rent payable by Tenant pursuant to Section 4 of under this Lease shall not increase solely as a result of such allocation (i.e. shall not increase more than it would have increased in the absence of such allocation)Lease. Nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord’s right to convey sell all or any portion of the Project Real Property or any other of Landlord’s rights described in this Lease.

Appears in 1 contract

Samples: Lease (Harmonic Inc)

AutoNDA by SimpleDocs

Other Improvements. If portions of the Project or property adjacent to the Project (collectively, the “OTHER IMPROVEMENTS”) Other Improvements" are owned by an entity other than Landlord, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access access, use and/or use enjoyment of the Project and the Other Improvements, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and all or any portion of the Other Improvements, (iii) for the allocation of a portion of the Direct Expenses to the Other Improvements and the allocation of a portion of the operating expenses and taxes for the Other Improvements to the Project, and (iv) for the use or improvement of the Other Improvements and/or the Project in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the Project, providedand (v) for any other matter which Landlord deems necessary, howeverprovided that in no event shall any such actions by Landlord result in any increased Rent, that if or any Direct Expenses related to the Other Improvements are being allocated to the Projectcosts or charges upon Tenant, the limitations set forth in Section 4 above shall apply to such Direct Expenses, or otherwise materially and provided further, that the Additional Rent payable by Tenant pursuant to Section 4 of adversely affect Tenant's right or obligations under this Lease shall not increase solely as a result of such allocation (i.e. shall not increase more than it would have increased in the absence of such allocation)Lease. Nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord’s 's right to convey sell all or any portion of the Project or any other of Landlord’s 's rights described in this Lease.

Appears in 1 contract

Samples: Torrey Pines Corporate Center (Cytori Therapeutics, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.