Temporary Space. In the event that Landlord in unable to timely cause the termination of the Nuera Lease as set forth in Section 29.37, above, and in the 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 (which failure shall be deemed not to have occurred in the event that Tenant refuses to enter into the Nuera Sublease on commercially reasonable terms) 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”). The term of Tenant’s lease of the Temporary Space shall 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 10445 Premises to Tenant. Tenant’s possession of the Temporary Space shall be subject to the terms and conditions of this Lease as though such Temporary Space were included in the Premises, except that (A) Tenant shall not be required to pay Base Rent or, generally, Tenant’s Share of the Direct Expenses otherwise attributable to such Temporary Space during Tenant’s period of occupancy of the Temporary Space; provided, however, Tenant shall pay for all utilities and other costs incurred in connection with Tenant’s use and occupancy of the Temporary Space, (B) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Space, (C) Tenant shall accept the Temporary Space in its existing “as 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 (F) Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Space. Tenant shall vacate and surrender the Temporary Space to Landlord on or before the Temporary Space Expiration Date in as good order and condition as when Tenant took possession, reasonable wear and tear excepted. Tenant shall be solely responsible for all costs incurred in connection with moving in and out of the Temporary Space.
Appears in 1 contract
Sources: Office Lease (Favrille Inc)
Temporary Space. In Subject to the event that Landlord in unable to timely cause the termination terms and provisions of the Nuera Lease as set forth in this Section 29.37, above, and in the 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 (which failure shall be deemed not to have occurred in the event that Tenant refuses to enter into the Nuera Sublease on commercially reasonable terms) on or before June 1, 2006, then no later than June 1, 20066, Landlord shall provide Tenant with at least 20,000 rentable square feet of the right and license to use and occupy on a temporary basis certain space in the building located at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇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 use, indemnification, waiver, and insurance provisions set forth herein, but excluding any obligation for Basic Rent with respect thereto). The term of Tenant’s lease of the Temporary Space such license shall terminate commence on the date February 1, 2012 and shall end on July 31, 2012 (the “Temporary Space Expiration DateTerm”) which is ninety-one (91) days following the date upon which Landlord tenders possession of all or any portion of the 10445 Premises to Tenant). Tenant’s possession of Tenant may only use the Temporary Space shall be subject to in a manner consistent with the terms and conditions provisions of this Lease as though such the Lease. During the Temporary Space were included in the PremisesTerm, except that (A) Tenant shall not be required to pay Base Rent or, generally, Landlord Tenant’s Proportionate Share of as to the Direct Expenses otherwise attributable to such Temporary Space during Tenant’s period (being 3.687%) of occupancy of Taxes and Operating Expenses (the “Temporary Space Rent”) and shall also be responsible for electricity charges to the Temporary Space; provided. In addition, howeverif Tenant requires any additional services to the Temporary Space (such as additional cleaning or after-hours HVAC service) during the Temporary Space Term, Tenant shall pay Landlord for all utilities the same at the rates established by Landlord from time to time. The Temporary Space Rent shall be paid at the same time and other costs incurred in connection with Tenant’s use and occupancy the same manner as installments of Basic Rent payable under the Temporary Space, (B) Lease. Tenant shall have no right and hereby agrees to assign, sublease or otherwise transfer its interest with respect to the Temporary Space, (C) Tenant shall accept the Temporary Space in its “AS IS” condition as existing “as is” conditionof February 1, 2012, without any agreements, representations, understandings, or obligations on the part of Landlord to perform any alterations, repairs (D) Tenant shall not make any alterations except for Landlord’s general repair obligations to the extent expressly set forth in the Lease), or improvements to the Temporary Space therein, 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 (F) Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Spaceallowance therefor. Tenant shall vacate and surrender the Temporary Space to Landlord on or before the expiration of the Temporary Space Expiration Date Term in as good order accordance with the terms and condition as when Tenant took possessionprovisions of the Original Lease, reasonable wear including Section 12.2 therein, and tear exceptedTenant’s failure to so vacate and surrender the Temporary Space shall be subject to the provisions of Section 12.1 of the Original Lease. Tenant shall be solely responsible for any and all moving, cabling, and related costs incurred by Tenant in connection with moving in and out of the Temporary SpaceSpace and/or Tenant’s move from the Temporary Space to the Premises demised hereunder, and Landlord shall have no liability or responsibility for any such costs.
Appears in 1 contract
Sources: Lease (Enova International, Inc.)
Temporary Space. In The Sublessor shall vacate the event that Landlord in unable to timely cause the termination second floor (as per Exhibit "A") of the Nuera Lease as set forth in Section 29.37, above, and in the 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 (which failure shall be deemed not to have occurred in the event that Tenant refuses to enter into the Nuera Sublease on commercially reasonable terms) 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”). The term of Tenant’s lease of the Temporary Space shall terminate on the Premises by a date (the “Temporary Space Expiration Date”) which is ninetytwenty-one (9121) days following the date upon 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 Landlord tenders possession is ten (10) days after Sublessee's delivery to Sublessor of all or any portion written notice of Sublessee's intention to occupy the Temporary Space (provided that, regardless of the 10445 Premises date of such notice or whether such notice is delivered, Sublessee shall be obligated to Tenantpay 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. Tenant’s possession Sublessee shall pay to Sublessor $8,000.00 upon the execution hereof as base rent for such use of the Temporary Space for the first one-month period. Thereafter, Sublessee shall be subject 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 and conditions of this Lease as though such Temporary Space were included in the PremisesParagraph 13 hereof, except that (A) Tenant Sublessee shall not be required to pay Base Rent or, generally, Tenant’s Share of the Direct Expenses otherwise attributable to such Temporary Space during Tenant’s period of occupancy of thereupon vacate the Temporary Space; provided. Except for the payment of rent, howeverwhich shall be as set forth above, Tenant Sublessee shall pay for comply with all utilities and other costs incurred in connection with Tenant’s use and occupancy terms of this Sublease during the Temporary SpaceSpace term including, (B) Tenant shall have no right without limitation, the obligation to assignmaintain insurance, sublease or otherwise transfer its interest with respect indemnify Sublessor and Master Lessor, and the obligation to the Temporary Space, (C) Tenant shall accept surrender the Temporary Space in its existing “as 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) condition required under the terms of the Tenant Work Letter shall be inapplicable to the Temporary Space, and (F) Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Space. Tenant shall vacate and surrender the Temporary Space to Landlord on or before the Temporary Space Expiration Date in as good order and condition as when Tenant took possession, reasonable wear and tear excepted. Tenant shall be solely responsible for all costs incurred in connection with moving in and out of the Temporary SpaceSublease.
Appears in 1 contract
Temporary Space. In the event that Landlord in unable agrees to timely cause the termination of the Nuera Lease as set forth in Section 29.37, above, and in the event that despite Tenant’s good faith, diligent efforts, permit Tenant is unable to enter into such Nuera Sublease as set forth in Section 39.37.1, above (which failure shall be deemed not to have occurred in the event that Tenant refuses to enter into the Nuera Sublease on commercially reasonable terms) on or before June 1, 2006, then no later than June 1, 2006, Landlord shall provide Tenant with at least 20,000 occupy 13,432 rentable square feet of vacant space in known as Suite 100 located on the building ground floor of the Building located at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 10180 Telesis Court within the Project (the “Temporary Space”"TEMPORARY SPACE") during the period between the full execution and delivery of this Lease and five (5) business days following the Commencement Date hereunder (the "TEMPORARY SPACE TERM"). The term of Tenant’s lease of Tenant will accept the Temporary Space in its "then as-is" condition, and Landlord will have no obligation to improve the Temporary Space. Tenant shall terminate on have no obligation to pay any rental for the date Temporary Space, but Tenant shall be obligated to pay for all utilities that may be provided to the Temporary Space (the “Temporary Space Expiration Date”) which is ninety-one (91) days following the date upon which Landlord tenders possession of all or any portion allocation of the 10445 Premises to Tenantcost for such utilities will be made in the same manner as the allocation of utilities for the Premises). Tenant’s possession Except as provided above, Tena▇▇'▇ ▇ccupancy of the Temporary Space shall be subject to all of the terms and conditions of this Lease that could logically be construed as though such applying thereto as if the Temporary Space were included in the Premises, except that (A) Tenant shall not be required to pay Base Rent orincluding, generallywithout limitation, Tenant’s Share of Sections 17, 20 and 22. Landlord will have the Direct Expenses otherwise attributable to such Temporary Space during Tenant’s period of occupancy of the Temporary Space; provided, however, Tenant shall pay for all utilities and other costs incurred in connection with Tenant’s use and occupancy of the Temporary Space, (B) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Space, (C) Tenant shall accept the Temporary Space in its existing “as 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 (F) Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Space. Tenant shall vacate and surrender show the Temporary Space to Landlord on or before potential Tenants at any time during the Temporary Space Expiration Date in as good order and condition as when Tenant took possession, reasonable wear and tear exceptedTerm. Tenant shall be solely responsible for all costs incurred in connection with moving in and out If Tena▇▇ ▇▇▇ls to surrender possession of the Temporary SpaceSpace 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 Monthly Basic Rent for the Temporary Space shall be at the rate of One and 80/100 Dollars ($1.80) per rentable square foot of the Temporary Space per month.
Appears in 1 contract
Sources: Office Lease (Websidestory Inc)
Temporary Space. In 40.01 During the event period (hereinafter referred to as the "Temporary Period") commencing on the later to occur of (a) January 1, 2000 and (b) the date which shall be fifteen (15) days after the date of mutual execution and delivery of this lease and continuing until the date that Landlord in unable shall be the earlier to timely cause occur of (a) the termination six (6) month anniversary of the Nuera Lease as set forth in Section 29.37, above, Commencement Date and (b) the date Tenant commences business in the event that despite Tenant’s good faith, diligent efforts, Tenant is unable Demised Premises (such date being hereinafter referred to enter into such Nuera Sublease as set forth in Section 39.37.1, above (which failure shall be deemed not to have occurred in the event that Tenant refuses to enter into the Nuera Sublease on commercially reasonable terms) 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”). The term of Tenant’s lease of the Temporary Space shall terminate on the date (the “"Temporary Space Expiration Date”"), Landlord shall make available to 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 occupancy by Tenant during such period that Tenant is ninety-one (91) days following the date upon which performing Tenant's Work. Tenant shall pay Landlord tenders possession on account of all or any portion of the 10445 Premises to Tenant. Tenant’s possession its use of the 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 Rent includes $12,567.50 per annum ($1,047.29 per month) on account of electricity furnished to the Temporary Space by Landlord.
40.02 Such occupancy shall be subject to upon all of the terms terms, covenants and conditions of this Lease as though such Temporary Space were included in the Premises, except that (A) Tenant the provisions of Sections 1.03, 1.04, 1.08, 16.01, 16.02, 16.07 and 1608 and Articles 4, 5, 31 and 39 shall not be required to pay Base Rent or, generally, Tenant’s Share of the Direct Expenses otherwise attributable to such Temporary Space during Tenant’s period of occupancy of the Temporary Space; provided, however, Tenant shall pay for all utilities and other costs incurred in connection with Tenant’s use and occupancy of the Temporary Space, (B) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect apply to the Temporary Space, (C) .
40.03 Tenant shall accept the Temporary Space in its existing “"as is” " condition, (D) Tenant shall not make any alterations or improvements .
40.04 Notwithstanding anything herein to the Temporary Space or any portion thereofforegoing, without Landlords prior written approval, which approval may be withheld in Landlord’s sole discretion, (E) the terms event ▇▇▇▇▇▇ fails to surrender vacant possession of the Tenant Work Letter shall be inapplicable to the Temporary Space, and (F) Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Space. Tenant shall vacate and surrender the entire Temporary Space to Landlord on or before the Temporary Space Expiration Date Date, then from and after the Temporary Space Expiration Date, up to and including the date Tenant surrenders vacant possession of the entire Temporary Space to Landlord, the reference in as good order Section 24.02(a) to "fixed rent and condition as when additional rent payable by Tenant took possession, reasonable wear and tear excepted. Tenant under this lease" shall be solely responsible for all costs incurred deemed to 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 connection with moving Section 24.02(b) to "any rent 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 consent by, Landlord to allow Tenant to remain in and out possession of the Temporary Space, or any portion thereof, beyond the Temporary Space Expiration Date and if ▇▇▇▇▇▇ does not surrender vacant possession of the entire Temporary Space to Landlord by the Temporary Space Expiration Date, Landlord shall be entitled to exercise all rights available to it at law, in equity and/or under this lease for a holdover by Tenant with respect to the Temporary Space.
Appears in 1 contract
Sources: Lease (Promotions Com Inc)
Temporary Space. In Subject to Force Majeure events, the event 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 in unable to timely cause the termination temporary space consisting of the Nuera Lease as set forth in Section 29.37, above, entirety of the fourth (4th) floor of the Building and in the 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 (which failure shall be deemed not to have occurred in the event that Tenant refuses to enter into the Nuera Sublease on commercially reasonable terms) on or before June 1, 2006, then no later than June 1, 2006, Landlord shall provide Tenant with at least 20,000 rentable containing approximately 15,063 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 of the Term Commencement Date. The term of Tenant’s lease of the Temporary Space shall terminate on be subject to all of the date 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 Expiration Date”) which is ninety-one (91) days following throughout the date upon which Landlord tenders possession of all or any portion of the 10445 Premises to Tenant. Tenant’s possession of Temporary Space Term except that Base Rent for the Temporary Space shall be subject to based on Fifty Dollars ($50.00) per rentable square foot of the terms and conditions of this Lease as though such Temporary Space were included 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 Premises, except that (A) Temporary Space. Tenant shall not be required to pay Base for the costs of utilities and Additional Rent or, generally, Tenant’s Share of the Direct Expenses otherwise attributable to such Temporary Space during Tenant’s period of occupancy of for the Temporary Space; provided, however, Tenant shall pay for all utilities and other costs incurred in connection with that Tenant’s use and occupancy of the Temporary Space, (B) Share shall be deemed to be 11.18%;
2.03.2 Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Space, (C) agrees that Tenant shall accept the Temporary Space in its existing then “as isas‑is” condition, (D) Tenant and that Landlord shall not make be required to construct any alterations improvements in, or improvements to 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 any portion thereofits suitability for the conduct of Tenant’s business therein;
2.03.3 Throughout the Temporary Space Term, 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 entitled to the Temporary Spaceutilize nine (9) unreserved parking passes, subject to all other terms and (F) Landlord conditions of this Lease;
2.03.4 Tenant shall have no obligation not be entitled to provide or pay for improvements of construct any kind with respect to 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 in the Temporary Space Expiration Date in as good order and same condition as when Tenant took possessionreceived, 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 solely responsible liable to Landlord for all costs incurred such damages to the extent caused by Tenant’s holdover in connection with moving in and out of the Temporary SpaceSpace 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. In From and after the event full execution of this Lease and until the date that Landlord in unable to timely cause is three (3) days following the termination Lease Commencement Date of the Nuera Lease as set forth in Section 29.37, above, and in Term for the event that despite Tenant’s good faith, diligent effortsPremises under this Lease (the “Temporary Space Term”), Tenant is unable to enter into such Nuera Sublease as set forth in Section 39.37.1may temporarily occupy space on the seventh (7th) floor, above (which failure shall be deemed not to have occurred in the event that Tenant refuses to enter into the Nuera Sublease on commercially reasonable terms) on or before June 1, 2006, then no later than June 1, 2006, Landlord shall provide Tenant with at least 20,000 consisting of approximately 8,127 rentable square feet of space in the building located at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the “Temporary Space”). The term of Tenant’s lease of the Temporary Space shall terminate on the date (the , as identified in Exhibit “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 10445 Premises to Tenant. Tenant’s possession of the Temporary Space shall be B-1” attached hereto, subject to and in accordance with the terms and conditions of this Lease as though such Lease, including without limitation Sections 15 and 16 below, with respect to surrender and holding over, respectively. Landlord will deliver the Temporary Space were included to Tenant, in its then as-is condition, upon the Premises, except that (A) commencement of the Temporary Space Term following delivery of a fully executed Lease. Tenant shall not be required obligated to pay Base Rent or, generally, Tenant’s Share monthly installments of the Direct Expenses otherwise attributable to such Temporary Space during Tenant’s period Rent until the date that is two (2) months following the date that is the earlier of occupancy of the Temporary Space; provided, however, Tenant shall pay for all utilities and other costs incurred in connection with Tenant’s use and occupancy of the Temporary Space, (B) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Space, (C) Tenant shall accept the Temporary Space in its existing “as 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, (Ei) the terms of the date Tenant Work Letter shall be inapplicable to first commences business operations within the Temporary Space, and (Fii) September 1, 2016. Notwithstanding the foregoing, if Tenant continues to occupy the Temporary Space after said two-month period, Tenant shall be obligated to pay Landlord shall have no obligation to provide or pay Twenty Four Thousand Dollars ($24,000.00) per month (“Temporary Space Rent”) for improvements use of any kind with respect to the Temporary Space. In addition, Tenant shall vacate be liable for the cost of any after-hours or above standard HVAC services that are provided to Tenant for the Temporary Space. If Tenant fails to timely and properly surrender the Temporary Space to Landlord on or before the Temporary Space Expiration date that is three (3) days following the Lease Commencement Date in as good order and condition as when Tenant took possessionof the Lease Term for the Premises under this Lease, reasonable wear and tear excepted. then Tenant shall be solely responsible obligated to pay monthly installments of Base Rent for all costs incurred the Temporary Space in connection accordance with moving in and out the hold over provisions of Section 16 of the Temporary SpaceLease.
Appears in 1 contract