Common use of Subsequent to Completion Clause in Contracts

Subsequent to Completion. In addition, Landlord shall have the right, at any time and from time to time upon sixty (60) days’ prior written notice to Tenant, and within a reasonable period of time after said notice, to relocate to other Premises (“New Premises”) within the office building project; subject, however, to the following terms and conditions: (a) The New Premises shall have approximately the same Floor Area as is contained in the Premises; (b) the New Premises shall be leased to Tenant on the same terms and conditions as provided in this Lease, except that if the Floor Area in the New Premises in more or less than that contained in the Premises, there shall be proportionate adjustment of Base Rent and Additional Rental based upon the Floor Area in the New Premises; (c) Landlord shall pay to Tenant, within thirty (30) days following the date Tenant initially opens for business in the New Premises, those expenses both direct and incidental reasonably incurred by Tenant in connection with the relocation of Tenant’s personal property, together with Tenant’s unamortized book value of Tenant’s leasehold improvements, excluding movable trade fixtures (to the extent that said leasehold improvements were paid for by Tenant, as evidenced by invoices and proofs of payment of same), depreciated on a straight-line basis over the Term, and Tenant shall provide Landlord with a ▇▇▇▇ of sale for said leasehold improvements; provided, however, Tenant has first provided Landlord with an itemized list of these expenses (accompanied with copies of invoices and proofs of payment of same), and (d) Landlord and Tenant, during said sixty (60) day period, mutually agree in writing upon (i) the scope and cost of all leasehold improvements to be constructed at the New Premises, (ii) the extent of Landlord’s contribution to this cost, and (iii) a timetable for completion of the leasehold improvements. Landlord and Tenant shall use best efforts and act in good faith to reach agreement on the terms set forth in subparagraph (d) above. If the provisions of subparagraphs (a), (b), (c) and (d) are not met by Landlord, Landlord agrees that Tenant shall not be required to relocate until such conditions are met.

Appears in 3 contracts

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