The Third Additional Space Clause Samples
The Third Additional Space. (i) The Third Additional Space only is hereby added to the Existing Premises effective as of the Third Additional Space Commencement Date under all of the terms, covenants and conditions of the Lease, except to the extent expressly modified herein, for a term commencing on the Third Additional Space Commencement Date and with respect to the Third Additional Space, ending on the T/F Additional Space Expiration Date or on such earlier date upon which the term of the Lease shall expire, be canceled or terminated pursuant to any of the terms, covenants or conditions of the Lease or pursuant to law.
(ii) Notwithstanding anything to the contrary contained in the Lease, as modified by this Agreement, Tenant acknowledges that it has been informed by Landlord that the Third Additional Space is presently occupied by an existing tenant of the Building, City National Bank (the “Existing Tenant”), under a separate lease agreement (the “Existing Lease”) which is to expire by its terms on August 31, 2021. Tenant further acknowledges that it has been informed by Landlord that the Existing Tenant has advised Landlord that it may be willing to vacate and surrender to Landlord possession of the Third Additional Space prior to the Third Additional Space Commencement Date. Landlord and Tenant agree that if the Existing Tenant does not vacate the Third Additional Space on or before the Third Additional Space Commencement Date and, as a result, Landlord shall be unable to deliver possession of the Third Additional Space to Tenant as required by the terms of this Agreement, then (A) Landlord shall not be subject to any liability for such failure, and (B) the Lease, as modified by this Agreement, shall remain in full force and effect without extension of the term with respect to the Third Additional Space, however, Tenant’s obligation to pay Fixed Annual Rent and Additional Rent with respect to the Third Additional Space shall not commence and any rent credits or abatements to which Tenant is entitled under this Agreement with respect to the Third Additional Space only shall be similarly delayed, until possession of the Third Additional Space is delivered to Tenant in the condition required by this Agreement. In such event, upon Landlord’s recovery of actual and lawful possession of the Third Additional Space, free of occupants therein, but otherwise in its then as-is condition, Landlord shall furnish Tenant with prompt notice thereof and deliver possession to Tenant in the condit...
The Third Additional Space. Effective as of the Third Additional Space Commencement Date, with respect to the Third Additional Space only, provided that Named Tenant (as defined in Article 50.01 in the Lease) timely and properly exercises the Extension Right (as defined in Article 50.01 in the Lease) as to either the Original Premises or the Second Additional Space, and the First Additional Space, by no later than January 31, 2019, then Named Tenant shall, subject to subsection f(iv), below, also exercise the Extension Right as to the Third Additional Space. In the event Named Tenant timely and properly exercises the Extension Right as to the Third Additional Space by no later than January 31, 2019, same shall be subject to the terms, covenants and conditions of Article 50 of the Lease, all references therein to the Premises shall include: (A) the Third Additional Space, and (B) subject to subsection f(iv), below, the Original Premises and/or the Second Additional Space, and the Extension Term of the Lease with respect to the Original Premises and/or the Second Additional Space (pursuant to subsection f(iv), below) and the Third Additional Space shall end on January 31, 2025, unless the Extension Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law. Notwithstanding anything to the contrary contained herein or in the Lease, in the event Named Tenant timely and properly exercises the Extension Right as to the Third Additional Space by no later than January 31, 2019, Named Tenant must also exercise the Extension Right as to the First Additional Space and the Fourth Additional Space (to the extent the Fourth Additional Space is part of the Premises).
The Third Additional Space. (i) Effective as of the Third Additional Space Commencement Date, with respect to the Third Additional Space only, the Lease shall be amended to provide that in addition to Tenant’s obligation to pay Fixed Annual Rent for the Existing Premises, Tenant shall also pay Fixed Annual Rent with respect to the Third Additional Space (hereinafter, sometimes “Third Additional Space Fixed Annual Rent”) at the rates set forth in the schedule annexed hereto and made a part hereof as Exhibit C.
The Third Additional Space. Commencing as of the Third Additional Space Commencement Date and ending on the T/F Additional Space Expiration Date, air-conditioning shall be supplied to the Third Additional Space in accordance with the following.
(A) Landlord shall make available to Tenant, and Tenant shall be permitted to use, the base Building equipment presently supplying air-conditioning service to the Third Additional Space and any replacements thereof (the “Existing HVAC Equipment”) Monday to Friday from 8:00 a.m. to 6:00 p.m. (i) during the Building’s “Cooling Season” (which is currently May 15 through October 15) for those portions of the Existing HVAC Equipment serving the perimeter portions of the Third Additional Space, and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of the Third Additional Space, in each instance subject to and in accordance with the provisions of this Article. Landlord represents that as of the Third Additional Space Commencement Date the Existing HVAC Equipment is in working order and has a cooling capacity which is appropriate for normal office use and normal occupancy density, to wit: the Existing HVAC Equipment is designed to make available a capacity of one (1) ton of HVAC per 300 usable square feet, and is designed to deliver a summer-winter temperature of between 72 and 78 degrees Fahrenheit. Landlord shall repair and maintain the Existing HVAC Equipment in good working order and condition, at Landlord’s cost and expense; provided, however, that all other air conditioning systems, equipment and facilities hereafter located in or servicing the Third Additional Space (the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Third Additional Space in connection with both the Existing HVAC Equipment and/or the Supplemental Systems (collectively hereinafter referred to as the “HVAC System”), shall be maintained, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. Tenant shall pay for all electricity consumed in the operation of the HVAC System (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the the Third Additional Space, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of the L...
The Third Additional Space. Effective as of the Third Additional Space Commencement Date, with respect to the Third Additional Space only:
(i) For purposes of Article 49.02(i) of the Lease, the reference at line two (2) thereof to “2010” is hereby replaced with “2015”.
(ii) For purposes of Article 49.02(i) of the Lease, the reference at line four (4) thereof to “2008, 2009 and 2010” is hereby replaced with “2013, 2014 and 2015”.
(iii) For purposes of Article 49.02(ii) of the Lease, the reference at line two (2) thereof to “three and five hundredths (3.05%) percent” is hereby replaced with “zero and seventy-six hundredths (0.76%) percent”.
(iv) For purposes of Article 49.02(ii) of the Lease, the reference at line seven (7) thereof to “12,919” is hereby replaced with “3,235”.
(v) For purposes of Article 49.02(iv) of the Lease, the reference at line four (4) thereof to “January 1, 2011” is hereby replaced with “January 1, 2016”.
The Third Additional Space. Effective as of the Third Additional Space Commencement Date, with respect to the Third Additional Space only:
(i) For purposes of Article 32.01(a) of the Lease, the reference at line two (2) thereof to “12,919” is hereby replaced with “3,235”.
(ii) For purposes of Article 32.01(b)(i) of the Lease, the reference at line two (2) thereof to “two and ninety-five hundredths percent (2.95%)” is hereby replaced with “zero and seventy-four hundredths percent (0.74%)”.
(iii) For purposes of Article 32.01(b)(iii) of the Lease the “Base Tax Year” shall mean the average of the Real Estate Taxes payable for: (x) the New York City real estate fiscal tax year commencing on July 1, 2014 through June 30, 2015, and (y) the New York City real estate tax year commencing on July 1, 2015 through June 30, 2016”.