Expansion Notice. Expansion Premises A shall be delivered to Tenant between January 1, 2004 and June 30, 2004 (the "Expansion Premises A Delivery Date"), which date shall be determined by Landlord in its sole discretion. Effective as of the Expansion Premises A Delivery Date, for the remainder of the Term of this Lease (including any extension thereof), Expansion Premises A shall be automatically added to the Premises demised under this Lease upon all the same terms and conditions applicable to the Premises (including, without limitation, the rate of Annual Fixed Rent and the provisions for payment of operating expenses, real estate taxes and electricity as set forth below), except as expressly provided to the contrary in the next paragraph of this subsection (A), and from and after the Expansion Premises A Delivery Date the Rentable Floor Area of the Premises shall be increased by the rentable floor area of Expansion Premises A. Landlord and Tenant shall enter into an instrument amending this Lease to memorialize the addition of Expansion Premises A no later than thirty (30) days after the Expansion Premises A Delivery Date, provided, however, that the failure to enter into such an instrument shall not affect the addition of Expansion Premises A to the Premises. Notwithstanding anything contained herein to the contrary, (i) in the event that Expansion Premises A is in "shell" condition, Landlord shall, at Landlord's sole cost and expense, deliver said Expansion Premises A to Tenant in substantially the same condition as the Premises are being delivered to Tenant in accordance with Article III below, and (ii) in the event that Expansion Premises A has previously been built out, Landlord shall (x) patch and repaint Expansion Premises A with one coat of paint in the then-existing color of such Expansion Premises A and (ii) perform minor repartitioning work in Expansion Premises A at a cost not to exceed $25,000.00, it being understood and agreed that Tenant shall be responsible for all costs of repartitioning work above $25,000.00 (provided, however, that Tenant shall have the option of accepting Expansion Premises A in their "as-is" condition without any obligation on Landlord's part to perform any additions, alterations, improvements or other work therein or pertaining thereto, and without any cost or expense to Landlord or Tenant).
Expansion Notice. Provided (i) Tenant is not then in material default hereunder, and (ii) Tenant's "Stockholder's Equity" as shown on Tenant's most recently prepared quarterly consolidated balance sheet, as of the date of Tenant's delivery of the Expansion Notice, is greater than or equal to Tenant's "Stockholder's Equity," as of the date hereof, by written notice provided to Landlord (herein an "Expansion Notice"), Tenant shall have the right, at any time (or times, up to a maximum of twice) during the Initial Term, to direct Landlord to prepare Expansion Plans (defined below) and to construct the Expansion Space. Tenant's Expansion Notice shall request Expansion Space of at least 80,000 square feet but not more than 160,000 square feet of additional manufacturing, assembly, warehouse or office space as Tenant may determine is necessary or desirable, provided such size is in compliance with the parameters hereafter provided and would then be in compliance with all Village codes, and other applicable governmental laws, statutes, ordinances, rules and regulations and further provided that the percentage of office space to be included within the Expansion shall not exceed twenty percent (20%) of the Total Expansion Space. Tenant shall have the right to direct Landlord to construct the Expansion Space in increments of 80,000 square feet over the Initial Term of this Lease. The Expansion Space shall be constructed on that portion of the Land delineated as "Expansion" on the Final Plans. Tenant's Expansion Notice shall contain the following information:
Expansion Notice. Pursuant to your letter dated December 5, 1996 and the Lease, by and between Peritus Software Services, Inc., and Wang Laboratories, Inc., dated 2/1/95 as amended, Peritus hereby notifies Wang that it desires to exercise its option by expanding its Premises by including a portion of the Expansion Premises in the amount of 4,000 leaving a 3,974 sf residual to be exercised with prior written notice to the Landlord on or before the anniversary date of this Amendment. Peritus desires to include the amortization of the TI's as additional monthly rent. Tenant: Peritus Software Services, Inc. By: /s/ Xxxx X. Xxxxxxx ----------------------------------- Its: Director of Finance and Treasurer ----------------------------------
Expansion Notice. 46 Section 25.02
Expansion Notice. If Tenant elects to exercise the Expansion Option, then Tenant shall forward written notice of such election (the “Expansion Notice”) to Landlord, in accordance with the Notices provision of the Lease, as modified herein. Tenant shall designate in the Expansion Notice the approximate rentable square footage of expansion space that Tenant requires, which shall not be less than 5,000 rentable square feet of space; Tenant may exercise the Expansion Option multiple times, so long as the Available space on the Fourth (4th ) Floor of the Building contains at least 5,000 rentable square feet of space, and so long as Tenant requires at least 5,000 rentable square feet of additional space each time that the Expansion Option is exercised by Tenant. Notwithstanding anything to the contrary in this paragraph, if the amount of Available vacant space on the Fourth (4th) Floor is less than 5,000 square feet at the time that Tenant delivers Expansion Notice, then Tenant’s Expansion Option will apply to all of the remaining Available vacant space on the Fourth (4th) Floor.
Expansion Notice. At any time during the initial Term only, and at least six (6) months prior to the termination date of the lease respecting New Horizons or Dade County Planning, but otherwise at least nine (9) months prior to the termination date of any New Lease, in either case time being strictly of the essence, Tenant shall (if ever) in writing deliver notice to Landlord unequivocally stating that Tenant elects to expand into all of the Expansion Space leased under the applicable lease to such Existing or Future Tenant, in the time and manner and subject to the rents, terms and conditions hereof ("EXPANSION NOTICE"). Tenant's failure to timely deliver such Expansion Notice shall irrevocably be deemed to waive any right of Tenant to expand into such Expansion Space thereafter [irrespective of any future lease therefor, thereafter arising; and the parties acknowledge that Landlord shall have no obligation to provide further notice to Tenant respecting any such future lease therefor, thereafter arising]. Any such Expansion Notice respecting New Horizons or Dade County Planning space only, shall be deemed, whether or not it so indicates, to expressly incorporate Tenant's acknowledgment that same is subject to any renewal or extension of the applicable lease.
Expansion Notice. The Landlord will notify the Tenant ("Expansion Notice") of its opinion of the Market Rental Rate (defined later) within 15 days of the date that Tenant notifies the Landlord that it intends to exercise any option to expand pursuant to the First Expansion Option or the Second Expansion Option. The Tenant will, within 15 days of receipt of the Expansion Notice (i) accept the rate specified by the Landlord and irrevocably exercise the Expansion Option; or (ii) withdraw its notification and in such event the parties will proceed as if the Tenant had never notified the Landlord of its intent to exercise an Expansion Option; or (iii) reject the rate specified by the Landlord but irrevocably exercise the Expansion Option subject to a determination of Market Rental Rate by Arbitration.
Expansion Notice. At any time during the Term, Tenant shall have the right to make an inquiry to Landlord regarding the availability of additional space in the Building for possible lease by Tenant. Landlord, upon receipt of Tenant’s request, shall notify Tenant of any such available space, including any space which Landlord anticipates becoming available in the six (6) months following Tenant’s notice, and Landlord’s proposed terms and conditions of any leasing of such space. In the event the parties reach an agreement as to the terms applicable to such space, the parties will execute a lease amendment adding such space to the Lease on the terms agreed upon by the parties, and otherwise on all the terms and conditions of the Lease.
Expansion Notice. Subject to the First Expansion Conditions and the Second Expansion Conditions (as defined below and as applicable), if Tenant desires to expand the Building for either of the expansion options contemplated herein, then Tenant shall provide a written request to Landlord (the “Expansion Notice”), which written notice shall contain the approximate size (in Rentable Square Feet) of the expansion desired by Tenant and the desired occupancy date for such space, provided, however, that such occupancy date shall be no earlier than twelve (12) months after the date the Expansion Notice is delivered by Tenant to Landlord. Tenant may not revoke an Expansion Notice once delivered to Landlord.
Expansion Notice. B-1 Expansion Plans and Specifications.................................................. B-1 Expansion Space..................................................................... B-1 Expansion Work...................................................................... B-1 Hazardous Substances................................................................ 12 including........................................................................... 10
