Temporary Space. Subject to Force Majeure events, the original Tenant executing this Lease (“Original Tenant”) shall have the right, commencing as of May 12, 2022 and continuing until that date which is thirty (30) days after the Substantial Completion Date (“Temporary Space Term”), to lease from Landlord temporary space consisting of the entirety of the fourth (4th) floor of the Building and containing approximately 15,063 square feet (“Temporary Space”), which Temporary Space is depicted on Exhibit G attached hereto; provided, however (i) in no event shall the Temporary Space Term extend beyond December 15, 2022, and (ii) Tenant shall not be obligated to pay Base Rent for the Temporary Space upon the occurrence of the Term Commencement Date. Tenant’s lease of the Temporary Space shall be subject to all of the terms, conditions and limitations set forth in this Lease regarding the Premises except as follows: 2.03.1 All obligations of Tenant contained in this Lease with respect to the Premises (including, without limitation, Tenant’s indemnification obligations and Tenant’s obligation to obtain and maintain insurance) shall be applicable with respect to the Temporary Space throughout the Temporary Space Term except that Base Rent for the Temporary Space shall be based on Fifty Dollars ($50.00) per rentable square foot of the Temporary Space per year (i.e., an amount equal to Sixty‑Two Thousand Seven Hundred Sixty‑Two and 50/100 Dollars ($62,762.50) per month based on 15,063 rentable square feet in the Temporary Space. Tenant shall pay for the costs of utilities and Additional Rent for the Temporary Space; provided, however, that Tenant’s Share shall be deemed to be 11.18%; 2.03.2 Tenant agrees that Tenant shall accept the Temporary Space in its then “as‑is” condition, and that Landlord shall not be required to construct any improvements in, or contribute any improvement allowance for, the Temporary Space. Tenant further acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect the Temporary Space or its suitability for the conduct of Tenant’s business therein; 2.03.3 Throughout the Temporary Space Term, Tenant shall be entitled to utilize nine (9) unreserved parking passes, subject to all other terms and conditions of this Lease; 2.03.4 Tenant shall not be entitled to construct any Alterations in the Temporary Space. |US-DOCS\129492181.2|| 2.03.5 Tenant shall use Tenant’s commercially reasonable efforts to cooperate with Landlord in connection with any work performed by Landlord in the Temporary Space; in no event shall Landlord’s performance of such work constitute a constructive eviction nor entitle Tenant to any abatement of Rent, provided that Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s quiet use and enjoyment of the Temporary Space during the Temporary Space Term and provided that Landlord shall be responsible for and indemnify Tenant from any claims for personal injury and any damage to Tenant’s Property to the extent caused by Landlord’s gross negligence or willful misconduct while performing such work in the Temporary Space and not covered by insurance required to be maintained by Tenant under this Lease; and 2.03.6 Tenant shall vacate and surrender the Temporary Space in the same condition as received, reasonable wear and tear excepted, on or before that date which is thirty (30) days after the Substantial Completion Date (and in any event on or before December 15, 2022) and Tenant’s failure to do so shall constitute a holdover pursuant to Article 19 of this Lease. Tenant acknowledges and agrees that such Temporary Space is subject to an expansion right provided by Landlord to an existing tenant of the Building and that Tenant’s failure to surrender the Temporary Space on or before the date that is thirty (30) days after the Substantial Completion Date (or December 15, 2022, whichever is sooner) shall cause Landlord to suffer damages (including consequential damages and loss of profits) and that Tenant shall be liable to Landlord for all such damages to the extent caused by Tenant’s holdover in the Temporary Space later than thirty (30) days after the Substantial Completion Date (or after such December 15, 2022 outside date).
Appears in 1 contract
Sources: Lease Agreement (Icosavax, Inc.)
Temporary Space. Subject Landlord agrees to Force Majeure events, permit Tenant to occupy 13,432 rentable square feet of vacant space known as Suite 100 located on the original Tenant executing this Lease (“Original Tenant”) shall have the right, commencing as of May 12, 2022 and continuing until that date which is thirty (30) days after the Substantial Completion Date (“Temporary Space Term”), to lease from Landlord temporary space consisting of the entirety of the fourth (4th) ground floor of the Building located at 10180 Telesis Court within the Project (the "TEMPORARY SPACE") during the period between the full execution and containing approximately 15,063 square feet delivery of this Lease and five (“Temporary Space”5) business days following the Commencement Date hereunder (the "TEMPORARY SPACE TERM"), which Temporary Space is depicted on Exhibit G attached hereto; provided, however (i) in no event shall . Tenant will accept the Temporary Space Term extend beyond December 15, 2022in its "then as-is" condition, and (ii) Landlord will have no obligation to improve the Temporary Space. Tenant shall not have no obligation to pay any rental for the Temporary Space, but Tenant shall be obligated to pay Base Rent for all utilities that may be provided to the Temporary Space upon (the occurrence allocation of the Term Commencement Datecost for such utilities will be made in the same manner as the allocation of utilities for the Premises). Tenant’s lease Except as provided above, Tena▇▇'▇ ▇ccupancy of the Temporary Space shall be subject to all of the terms, terms and conditions and limitations set forth in of this Lease regarding that could logically be construed as applying thereto as if the Premises except as follows:
2.03.1 All obligations of Tenant contained in this Lease with respect to Temporary Space were the Premises (Premises, including, without limitation, Tenant’s indemnification obligations Sections 17, 20 and Tenant’s obligation 22. Landlord will have the right to obtain and maintain insurance) shall be applicable with respect to show the Temporary Space throughout to potential Tenants at any time during the Temporary Space Term Term. If Tena▇▇ ▇▇▇ls to surrender possession of the Temporary Space with five (5) business days following the Commencement Date, then the provisions of Section 9 of this Lease shall apply to such failure and holdover, except that Base Monthly Basic Rent for the Temporary Space shall be based on Fifty at the rate of One and 80/100 Dollars ($50.001.80) per rentable square foot of the Temporary Space per year (i.e., an amount equal to Sixty‑Two Thousand Seven Hundred Sixty‑Two and 50/100 Dollars ($62,762.50) per month based on 15,063 rentable square feet in the Temporary Space. Tenant shall pay for the costs of utilities and Additional Rent for the Temporary Space; provided, however, that Tenant’s Share shall be deemed to be 11.18%;
2.03.2 Tenant agrees that Tenant shall accept the Temporary Space in its then “as‑is” condition, and that Landlord shall not be required to construct any improvements in, or contribute any improvement allowance for, the Temporary Space. Tenant further acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect the Temporary Space or its suitability for the conduct of Tenant’s business therein;
2.03.3 Throughout the Temporary Space Term, Tenant shall be entitled to utilize nine (9) unreserved parking passes, subject to all other terms and conditions of this Lease;
2.03.4 Tenant shall not be entitled to construct any Alterations in the Temporary Space. |US-DOCS\129492181.2||
2.03.5 Tenant shall use Tenant’s commercially reasonable efforts to cooperate with Landlord in connection with any work performed by Landlord in the Temporary Space; in no event shall Landlord’s performance of such work constitute a constructive eviction nor entitle Tenant to any abatement of Rent, provided that Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s quiet use and enjoyment of the Temporary Space during the Temporary Space Term and provided that Landlord shall be responsible for and indemnify Tenant from any claims for personal injury and any damage to Tenant’s Property to the extent caused by Landlord’s gross negligence or willful misconduct while performing such work in the Temporary Space and not covered by insurance required to be maintained by Tenant under this Lease; and
2.03.6 Tenant shall vacate and surrender the Temporary Space in the same condition as received, reasonable wear and tear excepted, on or before that date which is thirty (30) days after the Substantial Completion Date (and in any event on or before December 15, 2022) and Tenant’s failure to do so shall constitute a holdover pursuant to Article 19 of this Lease. Tenant acknowledges and agrees that such Temporary Space is subject to an expansion right provided by Landlord to an existing tenant of the Building and that Tenant’s failure to surrender the Temporary Space on or before the date that is thirty (30) days after the Substantial Completion Date (or December 15, 2022, whichever is sooner) shall cause Landlord to suffer damages (including consequential damages and loss of profits) and that Tenant shall be liable to Landlord for all such damages to the extent caused by Tenant’s holdover in the Temporary Space later than thirty (30) days after the Substantial Completion Date (or after such December 15, 2022 outside date)month.
Appears in 1 contract
Sources: Office Lease (Websidestory Inc)
Temporary Space. Subject 40.01 During the period (hereinafter referred to Force Majeure eventsas the "Temporary Period") commencing on the later to occur of (a) January 1, 2000 and (b) the original Tenant executing this Lease (“Original Tenant”) shall have the right, commencing as of May 12, 2022 and continuing until that date which is thirty shall be fifteen (3015) days after the Substantial Completion date of mutual execution and delivery of this lease and continuing until the date that shall be the earlier to occur of (a) the six (6) month anniversary of the Commencement Date and (“b) the date Tenant commences business in the Demised Premises (such date being hereinafter referred to as the "Temporary Space Term”Expiration Date"), Landlord shall make available to lease from Tenant the space set forth on Exhibit C annexed hereto and made a part hereof (hereinafter referred to as the "Temporary Space") which Landlord and Tenant agree shall be deemed to consist of 4,750 rentable square feet, for temporary space consisting occupancy by Tenant during such period that Tenant is performing Tenant's Work. Tenant shall pay Landlord on account of its use of the entirety of the fourth (4th) floor of the Building and containing approximately 15,063 square feet (“Temporary Space”), as additional rent, the amount (hereinafter referred to as the "Temporary Space Rent") of $126,817.50 per annum ($10,568.13 per month) payable on the first day of each calendar month during the Temporary Period, which Temporary Space is depicted Rent includes $12,567.50 per annum ($1,047.29 per month) on Exhibit G attached hereto; provided, however (i) in no event shall account of electricity furnished to the Temporary Space Term extend beyond December 15, 2022, and (ii) Tenant shall not be obligated to pay Base Rent for the Temporary Space upon the occurrence of the Term Commencement Date. Tenant’s lease of the Temporary Space by Landlord.
40.02 Such occupancy shall be subject to upon all of the terms, covenants and conditions and limitations set forth in of this Lease regarding except that the Premises except as follows:
2.03.1 All obligations provisions of Tenant contained in this Lease with respect to the Premises (includingSections 1.03, without limitation1.04, Tenant’s indemnification obligations 1.08, 16.01, 16.02, 16.07 and Tenant’s obligation to obtain 1608 and maintain insurance) Articles 4, 5, 31 and 39 shall be applicable with respect not apply to the Temporary Space throughout the Temporary Space Term except that Base Rent for the Temporary Space shall be based on Fifty Dollars ($50.00) per rentable square foot of the Temporary Space per year (i.e., an amount equal to Sixty‑Two Thousand Seven Hundred Sixty‑Two and 50/100 Dollars ($62,762.50) per month based on 15,063 rentable square feet in the Temporary Space. Tenant shall pay for the costs of utilities and Additional Rent for the Temporary Space; provided, however, that Tenant’s Share shall be deemed to be 11.18%;.
2.03.2 Tenant agrees that 40.03 Tenant shall accept the Temporary Space in its "as is" condition.
40.04 Notwithstanding anything herein to the foregoing, in the event ▇▇▇▇▇▇ fails to surrender vacant possession of the entire Temporary Space to Landlord on or before the Temporary Space Expiration Date, then “as‑is” conditionfrom and after the Temporary Space Expiration Date, up to and that Landlord including the date Tenant surrenders vacant possession of the entire Temporary Space to Landlord, the reference in Section 24.02(a) to "fixed rent and additional rent payable by Tenant under this lease" shall not be required deemed to construct refer to the Temporary Space Rent and the provisions of Section 24.02(b) and (c) shall apply with respect thereto with the reference in Section 24.02(b) to "any improvements inrent paid by Tenant pursuant to Section 24.02(a) above" being deemed to refer to the Temporary Space Rent.
40.05 Nothing herein shall be deemed an agreement of, or contribute any improvement allowance forconsent by, Landlord to allow Tenant to remain in possession of the Temporary Space. Tenant further acknowledges that neither Landlord nor , or any agent of Landlord has made any representation or warranty with respect portion thereof, beyond the Temporary Space or its suitability for Expiration Date and if ▇▇▇▇▇▇ does not surrender vacant possession of the conduct of Tenant’s business therein;
2.03.3 Throughout entire Temporary Space to Landlord by the Temporary Space TermExpiration Date, Tenant Landlord shall be entitled to utilize nine (9) unreserved parking passesexercise all rights available to it at law, subject in equity and/or under this lease for a holdover by Tenant with respect to all other terms and conditions of this Lease;
2.03.4 Tenant shall not be entitled to construct any Alterations in the Temporary Space. |US-DOCS\129492181.2||
2.03.5 Tenant shall use Tenant’s commercially reasonable efforts to cooperate with Landlord in connection with any work performed by Landlord in the Temporary Space; in no event shall Landlord’s performance of such work constitute a constructive eviction nor entitle Tenant to any abatement of Rent, provided that Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s quiet use and enjoyment of the Temporary Space during the Temporary Space Term and provided that Landlord shall be responsible for and indemnify Tenant from any claims for personal injury and any damage to Tenant’s Property to the extent caused by Landlord’s gross negligence or willful misconduct while performing such work in the Temporary Space and not covered by insurance required to be maintained by Tenant under this Lease; and
2.03.6 Tenant shall vacate and surrender the Temporary Space in the same condition as received, reasonable wear and tear excepted, on or before that date which is thirty (30) days after the Substantial Completion Date (and in any event on or before December 15, 2022) and Tenant’s failure to do so shall constitute a holdover pursuant to Article 19 of this Lease. Tenant acknowledges and agrees that such Temporary Space is subject to an expansion right provided by Landlord to an existing tenant of the Building and that Tenant’s failure to surrender the Temporary Space on or before the date that is thirty (30) days after the Substantial Completion Date (or December 15, 2022, whichever is sooner) shall cause Landlord to suffer damages (including consequential damages and loss of profits) and that Tenant shall be liable to Landlord for all such damages to the extent caused by Tenant’s holdover in the Temporary Space later than thirty (30) days after the Substantial Completion Date (or after such December 15, 2022 outside date).
Appears in 1 contract
Sources: Lease (Promotions Com Inc)
Temporary Space. Subject to Force Majeure eventsthe terms and provisions of this Section 6, Landlord shall provide Tenant with the right and license to use and occupy on a temporary basis certain space in the Building comprising approximately 17,289 rentable square feet, being all of the leaseable space on the 12th floor of the Building (the “Temporary Space”), subject to all of the terms and provisions of the Lease (including, without limitation, the original Tenant executing this Lease use, indemnification, waiver, and insurance provisions set forth herein, but excluding any obligation for Basic Rent with respect thereto). The term of such license shall commence on February 1, 2012 and shall end on July 31, 2012 (“Original Tenant”) shall have the right, commencing as of May 12, 2022 and continuing until that date which is thirty (30) days after the Substantial Completion Date (“Temporary Space Term”), to lease from Landlord temporary space consisting of the entirety of the fourth (4th) floor of the Building and containing approximately 15,063 square feet (“Temporary Space”), which Temporary Space is depicted on Exhibit G attached hereto; provided, however (i) in no event shall the Temporary Space Term extend beyond December 15, 2022, and (ii) Tenant shall not be obligated to pay Base Rent for the Temporary Space upon the occurrence of the Term Commencement Date. Tenant’s lease of the Temporary Space shall be subject to all of the terms, conditions and limitations set forth in this Lease regarding the Premises except as follows:
2.03.1 All obligations of Tenant contained in this Lease with respect to the Premises (including, without limitation, Tenant’s indemnification obligations and Tenant’s obligation to obtain and maintain insurance) shall be applicable with respect to the Temporary Space throughout the Temporary Space Term except that Base Rent for the Temporary Space shall be based on Fifty Dollars ($50.00) per rentable square foot of the Temporary Space per year (i.e., an amount equal to Sixty‑Two Thousand Seven Hundred Sixty‑Two and 50/100 Dollars ($62,762.50) per month based on 15,063 rentable square feet in the Temporary Space. Tenant shall pay for the costs of utilities and Additional Rent for the Temporary Space; provided, however, that Tenant’s Share shall be deemed to be 11.18%;
2.03.2 Tenant agrees that Tenant shall accept may only use the Temporary Space in its then “as‑is” condition, a manner consistent with the terms and that Landlord shall not be required to construct any improvements in, or contribute any improvement allowance for, provisions of the Temporary SpaceLease. Tenant further acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect the Temporary Space or its suitability for the conduct of Tenant’s business therein;
2.03.3 Throughout During the Temporary Space Term, Tenant shall be entitled required to utilize nine pay Landlord Tenant’s Proportionate Share as to the Temporary Space (9being 3.687%) unreserved parking passes, subject of Taxes and Operating Expenses (the “Temporary Space Rent”) and shall also be responsible for electricity charges to all other terms and conditions of this Lease;
2.03.4 Tenant shall not be entitled to construct any Alterations in the Temporary Space. |US-DOCS\129492181.2||
2.03.5 In addition, if Tenant shall use Tenant’s commercially reasonable efforts requires any additional services to cooperate with Landlord in connection with any work performed by Landlord in the Temporary Space; in no event shall Landlord’s performance of such work constitute a constructive eviction nor entitle Tenant to any abatement of Rent, provided that Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s quiet use and enjoyment of the Temporary Space (such as additional cleaning or after-hours HVAC service) during the Temporary Space Term and provided that Term, Tenant shall pay Landlord for the same at the rates established by Landlord from time to time. The Temporary Space Rent shall be responsible paid at the same time and in the same manner as installments of Basic Rent payable under the Lease. Tenant shall and hereby agrees to accept the Temporary Space in its “AS IS” condition as existing as of February 1, 2012, without any agreements, representations, understandings, or obligations on the part of Landlord to perform any alterations, repairs (except for and indemnify Tenant from any claims for personal injury and any damage to TenantLandlord’s Property general repair obligations to the extent caused by Landlord’s gross negligence or willful misconduct while performing such work expressly set forth in the Temporary Space and not covered by insurance required Lease), or improvements therein, or to be maintained by Tenant under this Lease; and
2.03.6 provide any allowance therefor. Tenant shall vacate and surrender the Temporary Space in the same condition as received, reasonable wear and tear excepted, to Landlord on or before that date which is thirty (30) days after the Substantial Completion Date (expiration of the Temporary Space Term in accordance with the terms and in any event on or before December 15provisions of the Original Lease, 2022) including Section 12.2 therein, and Tenant’s failure to do so shall constitute a holdover pursuant to Article 19 of this Lease. Tenant acknowledges vacate and agrees that such Temporary Space is subject to an expansion right provided by Landlord to an existing tenant of the Building and that Tenant’s failure to surrender the Temporary Space on or before shall be subject to the date that is thirty (30) days after provisions of Section 12.1 of the Substantial Completion Date (or December 15, 2022, whichever is sooner) shall cause Landlord to suffer damages (including consequential damages and loss of profits) and that Original Lease. Tenant shall be liable to Landlord solely responsible for any and all such damages to the extent caused moving, cabling, and related costs incurred by Tenant’s holdover Tenant in connection with the Temporary Space later than thirty (30) days after and/or Tenant’s move from the Substantial Completion Date (Temporary Space to the Premises demised hereunder, and Landlord shall have no liability or after responsibility for any such December 15, 2022 outside date)costs.
Appears in 1 contract
Sources: Lease (Enova International, Inc.)
Temporary Space. Subject to Force Majeure events, From and after the original Tenant executing full execution of this Lease and until the date that is three (3) days following the Lease Commencement Date of the Lease Term for the Premises under this Lease (“Original Tenant”) shall have the right, commencing as of May 12, 2022 and continuing until that date which is thirty (30) days after the Substantial Completion Date (“Temporary Space Term”), to lease from Landlord temporary Tenant may temporarily occupy space on the seventh (7th) floor, consisting of the entirety of the fourth (4th) floor of the Building and containing approximately 15,063 8,127 rentable square feet (the “Temporary Space”), which as identified in Exhibit “B-1” attached hereto, subject to and in accordance with the terms and conditions of this Lease, including without limitation Sections 15 and 16 below, with respect to surrender and holding over, respectively. Landlord will deliver the Temporary Space to Tenant, in its then as-is depicted on Exhibit G attached hereto; providedcondition, however (i) in no event shall upon the commencement of the Temporary Space Term extend beyond December 15, 2022, and (ii) following delivery of a fully executed Lease. Tenant shall not be obligated to pay Base monthly installments of Temporary Space Rent for until the date that is two (2) months following the date that is the earlier of (i) the date Tenant first commences business operations within the Temporary Space, and (ii) September 1, 2016. Notwithstanding the foregoing, if Tenant continues to occupy the Temporary Space upon the occurrence of the Term Commencement Date. Tenant’s lease of the Temporary Space after said two-month period, Tenant shall be subject obligated to all of the terms, conditions and limitations set forth in this Lease regarding the Premises except as follows:
2.03.1 All obligations of Tenant contained in this Lease with respect to the Premises (including, without limitation, Tenant’s indemnification obligations and Tenant’s obligation to obtain and maintain insurance) shall be applicable with respect to the Temporary Space throughout the Temporary Space Term except that Base Rent for the Temporary Space shall be based on Fifty pay Landlord Twenty Four Thousand Dollars ($50.00) per rentable square foot of the Temporary Space per year (i.e., an amount equal to Sixty‑Two Thousand Seven Hundred Sixty‑Two and 50/100 Dollars ($62,762.5024,000.00) per month based on 15,063 rentable square feet in (“Temporary Space Rent”) for use of the Temporary Space. In addition, Tenant shall pay be liable for the costs cost of utilities and Additional Rent any after-hours or above standard HVAC services that are provided to Tenant for the Temporary Space; provided, however, that Tenant’s Share shall be deemed . If Tenant fails to be 11.18%;
2.03.2 Tenant agrees that Tenant shall accept the Temporary Space in its then “as‑is” condition, timely and that Landlord shall not be required to construct any improvements in, or contribute any improvement allowance for, the Temporary Space. Tenant further acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect the Temporary Space or its suitability for the conduct of Tenant’s business therein;
2.03.3 Throughout the Temporary Space Term, Tenant shall be entitled to utilize nine (9) unreserved parking passes, subject to all other terms and conditions of this Lease;
2.03.4 Tenant shall not be entitled to construct any Alterations in the Temporary Space. |US-DOCS\129492181.2||
2.03.5 Tenant shall use Tenant’s commercially reasonable efforts to cooperate with Landlord in connection with any work performed by Landlord in the Temporary Space; in no event shall Landlord’s performance of such work constitute a constructive eviction nor entitle Tenant to any abatement of Rent, provided that Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s quiet use and enjoyment of the Temporary Space during the Temporary Space Term and provided that Landlord shall be responsible for and indemnify Tenant from any claims for personal injury and any damage to Tenant’s Property to the extent caused by Landlord’s gross negligence or willful misconduct while performing such work in the Temporary Space and not covered by insurance required to be maintained by Tenant under this Lease; and
2.03.6 Tenant shall vacate and surrender the Temporary Space in the same condition as received, reasonable wear and tear excepted, on or before that date which is thirty (30) days after the Substantial Completion Date (and in any event on or before December 15, 2022) and Tenant’s failure to do so shall constitute a holdover pursuant to Article 19 of this Lease. Tenant acknowledges and agrees that such Temporary Space is subject to an expansion right provided by Landlord to an existing tenant of the Building and that Tenant’s failure to properly surrender the Temporary Space on or before the date that is thirty three (303) days after following the Substantial Completion Lease Commencement Date (or December 15of the Lease Term for the Premises under this Lease, 2022, whichever is sooner) shall cause Landlord to suffer damages (including consequential damages and loss of profits) and that then Tenant shall be liable obligated to Landlord pay monthly installments of Base Rent for all such damages to the extent caused by Tenant’s holdover in the Temporary Space later than thirty (30) days after in accordance with the Substantial Completion Date (or after such December 15, 2022 outside date)hold over provisions of Section 16 of the Lease.
Appears in 1 contract
Temporary Space. Subject to Force Majeure events, The Sublessor shall vacate the original Tenant executing this Lease second floor (“Original Tenant”as per Exhibit "A") shall have of the right, commencing as of May 12, 2022 and continuing until that Premises by a date which is thirty twenty-one (3021) days following the date of mutual execution of this Sublease (the "Temporary Space Date"). Sublessee shall utilize such Temporary Space for Sublessee's business commencing on the date which is ten (10) days after the Substantial Completion Date (“Temporary Space Term”), Sublessee's delivery to lease from Landlord temporary space consisting Sublessor of the entirety written notice of the fourth (4th) floor of the Building and containing approximately 15,063 square feet (“Temporary Space”), which Temporary Space is depicted on Exhibit G attached hereto; provided, however (i) in no event shall Sublessee's intention to occupy the Temporary Space Term extend beyond December 15(provided that, 2022regardless of the date of such notice or whether such notice is delivered, and (ii) Tenant Sublessee shall not be obligated to pay Base Rent rent for the Temporary Space commencing on a date which is no later than the Temporary Space Date) and continuing until the Sublease term commences on December 1, 1999. Sublessee shall pay to Sublessor $8,000.00 upon the occurrence of the Term Commencement Date. Tenant’s lease execution hereof as base rent for such use of the Temporary Space for the first one-month period. Thereafter, Sublessee shall pay to Sublessor, in advance, base rent for the use of the Temporary Space at the rate of $8,000 per month (prorated for any partial months) until the Sublease term commences on December 1, 1999. Sublessor shall also pay all parking, utilities and the triple net costs during the three (3) months of the Temporary Space term. If this Sublease is terminated pursuant to the terms of Paragraph 13 hereof, Sublessee shall thereupon vacate the Temporary Space. Except for the payment of rent, which shall be subject to all of the terms, conditions and limitations as set forth in above, Sublessee shall comply with all other terms of this Lease regarding Sublease during the Premises except as follows:
2.03.1 All obligations of Tenant contained in this Lease with respect to the Premises (Temporary Space term including, without limitation, Tenant’s indemnification obligations and Tenant’s the obligation to obtain and maintain insurance) shall be applicable with respect to the Temporary Space throughout the Temporary Space Term except that Base Rent for the Temporary Space shall be based on Fifty Dollars ($50.00) per rentable square foot of the Temporary Space per year (i.e., an amount equal to Sixty‑Two Thousand Seven Hundred Sixty‑Two indemnify Sublessor and 50/100 Dollars ($62,762.50) per month based on 15,063 rentable square feet in the Temporary Space. Tenant shall pay for the costs of utilities and Additional Rent for the Temporary Space; provided, however, that Tenant’s Share shall be deemed to be 11.18%;
2.03.2 Tenant agrees that Tenant shall accept the Temporary Space in its then “as‑is” conditionMaster Lessor, and that Landlord shall not be required the obligation to construct any improvements in, or contribute any improvement allowance for, the Temporary Space. Tenant further acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect the Temporary Space or its suitability for the conduct of Tenant’s business therein;
2.03.3 Throughout the Temporary Space Term, Tenant shall be entitled to utilize nine (9) unreserved parking passes, subject to all other terms and conditions of this Lease;
2.03.4 Tenant shall not be entitled to construct any Alterations in the Temporary Space. |US-DOCS\129492181.2||
2.03.5 Tenant shall use Tenant’s commercially reasonable efforts to cooperate with Landlord in connection with any work performed by Landlord in the Temporary Space; in no event shall Landlord’s performance of such work constitute a constructive eviction nor entitle Tenant to any abatement of Rent, provided that Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s quiet use and enjoyment of the Temporary Space during the Temporary Space Term and provided that Landlord shall be responsible for and indemnify Tenant from any claims for personal injury and any damage to Tenant’s Property to the extent caused by Landlord’s gross negligence or willful misconduct while performing such work in the Temporary Space and not covered by insurance required to be maintained by Tenant under this Lease; and
2.03.6 Tenant shall vacate and surrender the Temporary Space in the same condition as received, reasonable wear and tear excepted, on or before that date which is thirty (30) days after required under the Substantial Completion Date (and in any event on or before December 15, 2022) and Tenant’s failure to do so shall constitute a holdover pursuant to Article 19 of this Lease. Tenant acknowledges and agrees that such Temporary Space is subject to an expansion right provided by Landlord to an existing tenant of the Building and that Tenant’s failure to surrender the Temporary Space on or before the date that is thirty (30) days after the Substantial Completion Date (or December 15, 2022, whichever is sooner) shall cause Landlord to suffer damages (including consequential damages and loss of profits) and that Tenant shall be liable to Landlord for all such damages to the extent caused by Tenant’s holdover in the Temporary Space later than thirty (30) days after the Substantial Completion Date (or after such December 15, 2022 outside date)Sublease.
Appears in 1 contract
Temporary Space. Subject In the event that Landlord in unable to Force Majeure events, timely cause the original Tenant executing this Lease (“Original Tenant”) shall have the right, commencing as of May 12, 2022 and continuing until that date which is thirty (30) days after the Substantial Completion Date (“Temporary Space Term”), to lease from Landlord temporary space consisting termination of the entirety of Nuera Lease as set forth in Section 29.37, above, and in the fourth event that despite Tenant’s good faith, diligent efforts, Tenant is unable to enter into such Nuera Sublease as set forth in Section 39.37.1, above (4thwhich failure shall be deemed not to have occurred in the event that Tenant refuses to enter into the Nuera Sublease on commercially reasonable terms) floor of the Building and containing approximately 15,063 on or before June 1, 2006, then no later than June 1, 2006, Landlord shall provide Tenant with at least 20,000 rentable square feet of space in the building located at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the “Temporary Space”), which Temporary Space is depicted on Exhibit G attached hereto; provided, however (i) in no event shall the Temporary Space Term extend beyond December 15, 2022, and (ii) Tenant shall not be obligated to pay Base Rent for the Temporary Space upon the occurrence . The term of the Term Commencement Date. Tenant’s lease of the Temporary Space shall be subject to terminate on the date (the “Temporary Space Expiration Date”) which is ninety-one (91) days following the date upon which Landlord tenders possession of all or any portion of the terms, conditions and limitations set forth in this Lease regarding the 10445 Premises except as follows:
2.03.1 All obligations of Tenant contained in this Lease with respect to the Premises (including, without limitation, Tenant. Tenant’s indemnification obligations and Tenant’s obligation to obtain and maintain insurance) shall be applicable with respect to the Temporary Space throughout the Temporary Space Term except that Base Rent for possession of the Temporary Space shall be based on Fifty Dollars subject to the terms and conditions of this Lease as though such Temporary Space were included in the Premises, except that ($50.00A) per rentable square foot Tenant shall not be required to pay Base Rent or, generally, Tenant’s Share of the Direct Expenses otherwise attributable to such Temporary Space per year (i.e., an amount equal to Sixty‑Two Thousand Seven Hundred Sixty‑Two and 50/100 Dollars ($62,762.50) per month based on 15,063 rentable square feet in the Temporary Space. Tenant shall pay for the costs during Tenant’s period of utilities and Additional Rent for occupancy of the Temporary Space; provided, however, that Tenant shall pay for all utilities and other costs incurred in connection with Tenant’s Share use and occupancy of the Temporary Space, (B) Tenant shall be deemed have no right to be 11.18%;
2.03.2 Tenant agrees that assign, sublease or otherwise transfer its interest with respect to the Temporary Space, (C) Tenant shall accept the Temporary Space in its then existing “as‑isas is” condition, (D) Tenant shall not make any alterations or improvements to the Temporary Space or any portion thereof, without Landlords prior written approval, which approval may be withheld in Landlord’s sole discretion, (E) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Space, and that (F) Landlord shall not be required have no obligation to construct provide or pay for improvements of any improvements in, or contribute any improvement allowance for, kind with respect to the Temporary Space. Tenant further acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect the Temporary Space or its suitability for the conduct of Tenant’s business therein;
2.03.3 Throughout the Temporary Space Term, Tenant shall be entitled to utilize nine (9) unreserved parking passes, subject to all other terms and conditions of this Lease;
2.03.4 Tenant shall not be entitled to construct any Alterations in the Temporary Space. |US-DOCS\129492181.2||
2.03.5 Tenant shall use Tenant’s commercially reasonable efforts to cooperate with Landlord in connection with any work performed by Landlord in the Temporary Space; in no event shall Landlord’s performance of such work constitute a constructive eviction nor entitle Tenant to any abatement of Rent, provided that Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s quiet use and enjoyment of the Temporary Space during the Temporary Space Term and provided that Landlord shall be responsible for and indemnify Tenant from any claims for personal injury and any damage to Tenant’s Property to the extent caused by Landlord’s gross negligence or willful misconduct while performing such work in the Temporary Space and not covered by insurance required to be maintained by Tenant under this Lease; and
2.03.6 Tenant shall vacate and surrender the Temporary Space to Landlord on or before the Temporary Space Expiration Date in the same as good order and condition as receivedwhen Tenant took possession, reasonable wear and tear excepted, on or before that date which is thirty (30) days after the Substantial Completion Date (and in any event on or before December 15, 2022) and Tenant’s failure to do so shall constitute a holdover pursuant to Article 19 of this Lease. Tenant acknowledges and agrees that such Temporary Space is subject to an expansion right provided by Landlord to an existing tenant of the Building and that Tenant’s failure to surrender the Temporary Space on or before the date that is thirty (30) days after the Substantial Completion Date (or December 15, 2022, whichever is sooner) shall cause Landlord to suffer damages (including consequential damages and loss of profits) and that Tenant shall be liable to Landlord solely responsible for all such damages to the extent caused by Tenant’s holdover costs incurred in connection with moving in and out of the Temporary Space later than thirty (30) days after the Substantial Completion Date (or after such December 15, 2022 outside date)Space.
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Sources: Office Lease (Favrille Inc)