Second Expansion Space Commencement Date shall be the date on which Landlord delivers the Second Expansion Premises to Tenant broom clean, free of all occupants and personal property, and otherwise in the condition existing as of the date hereof, reasonable wear and tear excepted. The Second Expansion Space Commencement Date is expected to occur on June 1, 2014 (the “Estimated SES Commencement Date”) and is subject to the right of Landlord, to be exercised not more than three (3) times, to extend the same, but in no event to a date no later than June 1, 2015 by at least fifteen (15) days’ prior written notice to Tenant on each occasion (as it may be extended, the “Outside SES Commencement Date”). If the Landlord is unable to deliver the Second Expansion Space to Tenant on the Estimated SES Commencement Date, as it may be extended, for any reason, including without limitation due to the holding over of Xxxxxxxxx in the Second Expansion Space, then the Second Expansion Space Commencement Date shall, by definition, be delayed, and Landlord shall not be deemed to be in default hereunder. Tenant’s sole remedy for Landlord’s failure to deliver the Second Expansion Space on the Estimated SES Commencement Date shall be a delay in the occurrence of the Second Expansion Space Commencement Date; provided, however, that if the Landlord is unable to deliver the Second Expansion Space to Tenant on or before the Outside SES Commencement Date, (x) Tenant shall have the one-time option to terminate this Amendment by written notice to Landlord given within forty-five (45) days of the Outside SES Commencement Date, time being of the essence, and upon such notice this Amendment shall be null and void and of no further effect between the parties and the Lease shall be read an construed as if this Amendment never existed and neither party shall have any rights, remedies, or obligations in connection with or arising out of this Amendment or the subject matter hereof except as provided in Sections 10 and 16 below and (y) if Tenant does not exercise its right to terminate this Lease pursuant to the preceding clause (x), then Landlord shall thereafter have the one-time option to terminate this Amendment by written notice to Tenant given within the next following fifteen (15) day period, time being of the essence, and upon such notice this Amendment shall be null and void and of no further effect between the parties and the Lease shall be read an construed as if this Amendment never existed and neither party shall have any...
Second Expansion Space Commencement Date for all purposes of the Amendment is , 200 .
Second Expansion Space Commencement Date means the earlier of: (i) the date Tenant conducts business operations in all or any portion of the Second Expansion Space; and (ii) the date Landlord delivers the Second Expansion Space to Tenant Ready for Occupancy, as defined in the Second Tenant Work Letter attached hereto as Exhibit B (the "Second Tenant Work Letter"), subject to acceleration as a result of any Second Expansion Tenant Delays (as defined and provided in the Second Tenant Work Letter). Landlord and Tenant presently anticipate that the Second Expansion Space will be delivered to Tenant Ready for Occupancy on or about April 1, 2014; however, if Landlord is unable to deliver to Tenant the Second Expansion Space Ready for Occupancy by such date (or any other date), then: (A) the validity of this Third Amendment or the Lease shall not be affected or impaired thereby; (B) Landlord shall not be in default hereunder or under the Lease (as amended hereby), or be liable for damages therefor; and (C) Tenant shall accept possession of the Second Expansion Space when Landlord delivers the Second Expansion Space to Tenant Ready for Occupancy.
Examples of Second Expansion Space Commencement Date in a sentence
The Expansion Space Allowance will be paid by Landlord to Tenant within 30 days’ of Tenant’s request (which request shall be accompanied by reasonable evidence of the expenses incurred) following the Second Expansion Space Commencement Date.
For the purposes hereof, the “Second Expansion Space Rent Commencement Date” shall be the earlier to occur of (x) that date which is one hundred twenty (120) days following the Second Expansion Space Commencement Date and (y) the date on which Tenant commences beneficial occupancy of the Second Expansion Space for its regular business operations.
Tenant accepts the Second Expansion Space in its ‘as-is’ shell condition as of the Second Expansion Space Commencement Date, and Landlord shall have no obligation to make any improvements or alterations to the Second Expansion Space except as set forth in the Building Shell Definition attached as Exhibit C-1 to this Lease.
Effective as of the Second Expansion Space Commencement Date, such number shall be further increased to two hundred forty-six (246) parking spaces.
On the Second Expansion Space Commencement Date or such later date as Landlord may request, Tenant shall promptly enter into a supplementary written agreement (the “Second Expansion Space Commencement Agreement”), in substantially the form attached as Exhibit “B”, thereby specifying the date as of which the Second Expansion Space Commencement Date occurs.
More Definitions of Second Expansion Space Commencement Date
Second Expansion Space Commencement Date means September 1, 2001, or such earlier or later date as provided in Section 4 hereof, on the understanding that Section 4 shall, for such purposes, be deemed modified to pertain just to the Second Expansion Space (e.g., the phrase "Second Expansion Space Commencement Date" shall be substituted for the phrase "Commencement Date", the phrase "Second Expansion Space" shall be substituted for the word "Premises", etc.).
Second Expansion Space Commencement Date means the later of (i) July 1, 2000, or (ii) upon Substantial Completion of the Second Expansion Space Work (as such terms are defined in the Work Letter attached hereto as Exhibit B), but if Tenant takes possession of the Second Expansion Space before either such date, then the Second Expansion Space Commencement Date shall be the date Tenant in fact occupies the Second Expansion Space for the conduct of business. From and after the Second Expansion Space Commencement Date, the term "Premises" wherever used in the Lease or in this Second Amendment shall mean the Existing Premises, together with the Second Expansion Space, collectively consisting of 13,634 RSF. Tenant hereby acknowledges that the Second Expansion Space is leased by Tenant subject to all terms and conditions of the Lease, as modified by this Second Amendment.
Second Expansion Space Commencement Date shall be the date that Landlord Delivers the Second Expansion Space to Tenant. The “Second Expansion Space Rent Commencement Date” shall be the date that is 60 days after the Second Expansion Space Commencement Date. The “Target Second Expansion Space Commencement Date” shall be January 1, 2020. The period commencing on the Second Expansion Space Commencement Date through the day immediately preceding the Second Expansion Space Rent Commencement Date may be referred to herein as the “Abatement Period.” Upon request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Second Expansion Space Commencement Date and the expiration date of the Lease in a form substantially similar to the form of the “Acknowledgement of Second Expansion Space Commencement Date” attached hereto as Exhibit C; provided, however, Tenant’s failure to execute and deliver such acknowledgment shall not affect the parties’ rights hereunder. Landlord shall permit, subject to the Existing Tenant vacating the Second Expansion Space on or before the Second Expansion Space Commencement Date, Tenant to access the Second Expansion Space commencing on the date that is 1 business day after Existing Tenant vacates the Second Expansion Space through the Second Expansion Space Commencement Date for Tenant’s installation and set-up of its furniture, fixtures and equipment in the Second Expansion Space (collectively, “FF&E Installation”), provided that such FF&E Installation is coordinated with Landlord, and Tenant complies with the Lease and all other reasonable restrictions and conditions Landlord may impose during the FF&E Installation. All such access shall be during normal business hours. Any access to the Second Expansion Space by Tenant before the Second Expansion Space Commencement Date shall be subject to all of the terms and conditions of the Lease, excluding the obligation to pay Base Rent and Operating Expenses. Landlord shall have no liability whatsoever to Tenant relating to or arising from Existing Tenant’s failure to vacate the Second Expansion Space before the Second Expansion Space Commencement Date. Except as set forth in the Second Expansion Space Work Letter attached hereto as Exhibit B: (i) Tenant shall accept the Second Expansion Space in its condition as of the Second Expansion Space Commencement Date; (ii) Landlord shall have no obligation for any defects in the Second Expansion Space; and (iii) Tenant’s taking possession of the Second Expansion Space s...
Second Expansion Space Commencement Date means May 17, 2010.
Second Expansion Space Commencement Date means the earlier of (i) the date Substantial Completion (as defined in the Construction Agreement) of the Second Expansion Space is achieved pursuant to the Construction Agreement and (ii) the date Tenant occupies the Second Expansion Space. Landlord shall use reasonable diligence to achieve Substantial Completion on or before March 1, 2008. Tenant shall have early access to the Second Expansion Space pursuant to the terms of Section 3.C of the Lease. Landlord shall not be liable or responsible for any Claims incurred (or alleged) by Tenant due to any delay in achieving Substantial Completion for any reason. However, Tenant’s sole and exclusive remedy for any delay in achieving Substantial Completion for any reason other than Tenant Delay (as defined in the Construction Agreement) shall be the postponement (if any) of the commencement of rental payments for the Second Expansion Space. Upon determination, Landlord and Tenant, at the request of either, shall execute an amendment to the Lease confirming the Second Expansion Space Commencement Date, together with corresponding adjustments to the schedule of Base Rent.
Second Expansion Space Commencement Date means the later of (i) September 1, 2008, and (ii) the date Landlord delivers the Second Expansion Space (excluding the Second Expansion Space) to Tenant. Subject to Paragraph 6 below, if Landlord is delayed in delivering possession of the Second Expansion Space due to any reason, including the holdover or unlawful possession of such space by any third party, or for any other reason, such delay shall not be a default by Landlord, render the Lease void or voidable, or otherwise render Landlord liable for damages.
Second Expansion Space Commencement Date means the earlier of: (i) the date Tenant commences business operations in the Second Expansion Space; (ii) the date of Substantial Completion of the Second Expansion Space Tenant Improvements (as defined in Exhibit B attached hereto); and (iii) September 1, 2007. The term of the Second Expansion Space (the “Second Expansion Space Term”) shall commence on the Second Expansion Space Commencement Date and expire conterminously with the Extended Term with respect to the Existing Premises on October 31, 2014. The date that the Second Expansion Space Commencement Date actually occurs shall be confirmed by the parties in writing in an Amendment No. 3 to Marina Village Office Industrial Gross Lease (“Amendment No. 3”), which Amendment No. 3 shall be in substantially the form of Exhibit C attached hereto. Amendment No. 3 shall be delivered by Landlord to Tenant after the Second Expansion Space Commencement Date occurs, and Tenant shall execute and return such Amendment No. 3 to Landlord within five (5) business days after Tenant’s receipt thereof.