Common use of Expansion Clause in Contracts

Expansion. a. Suite 350: Tenant is granted a one-time right to expand its Premises by addition thereto of the existing 4,515 rentable square foot office Suite 350 (“Suite 350”, as more clearly delineated on Exhibit D hereto). As part of this right, Tenant shall have the right to expand Suite 350 by the addition thereto of the small common seating area (the “Seating Area”), as such is more clearly delineated on Exhibit D. In the event Tenant elects to include the Seating Area into Suite 350, the rentable square footage of the enlarged Suite 350 shall be 4,684. Tenant’s option to lease Suite 350 (including possibly the Seating Area) is referred to herein as the “Suite 350 Expansion Option”. Tenant may invoke the Suite 350 Expansion Option (including the decision whether or not to include therein the Seating Area) by written notice to Landlord made on or before June 30, 2016. In the event Tenant so notifies Landlord of Tenant’s election of the Suite 350 Expansion Option, Landlord shall deliver possession of Suite 350 (and also of the Seating Area, if applicable) to Tenant, in their then respective as-is conditions, within thirty (30) days of Landlord recapturing possession of Suite 350 from the prior third-party tenant. The date of Landlord’s delivery of possession of Suite 350 to Tenant shall be referred to as the “Suite 350 Commencement Date”. Effective upon the ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ (▇▇▇ the Seating Area, if applicable) shall be added to Tenant’s Premises and shall be subject to all the terms and conditions of the Lease. To reflect the addition to Tenant’s Premises of Suite 350, the Monthly Base Rent Tenant is otherwise obligated to pay for the Premises pursuant to the terms of the Lease shall be increased by monthly base rent applicable to Suite 350 (the “Suite 350 Monthly Base Rent”). The Suite 350 Monthly Base Rent shall be equal to the Suite 350 rentable square footage (which may include the rentable square footage of the Seating Area, as discussed above), multiplied by the Suite 350 Monthly Base Rental Rate applicable from time to time, as outlined below: Present—12/31/16 $3.33 per rentable square foot per month Commencing January 1, 2017 and annually thereafter, the Suite 350 Monthly Base Rental Rate shall be increased by three percent (3%). Notwithstanding any of the above, Suite 350 shall be free of Monthly Base Rental for the first sixty (60) days following the Suite 350 Commencement Date. The Suite 350 Monthly Base Rental Rate applicable to the period up to and including December 31, 2016 above is intended to represent a “fully-serviced” rate, meaning that as it relates solely to Suite 350, Tenant’s Rent Adjustments and Rent Adjustment Deposits (which are the vehicle for Tenant paying Tenant’s share of Operating Expenses and of Taxes relating to Suite 350) will be calculated using a Base Year of calendar 2016. In the event Tenant adds Suite 350 to its Premises pursuant to the terms above, Landlord agrees to make a Tenant Improvement Allowance equal to $20.00 per rentable square foot times the rentable square footage of Suite 350 available to Tenant, which Tenant may apply to the costs of Tenant Improvements Tenant makes to Suite 350 (the “Suite 350 Tenant Improvement Allowance”), such Suite 350 Tenant Improvement Allowance to be provided per the terms of the Workletter. In the event Tenant adds Suite 350 to its Premises pursuant to the above, Tenant’s parking shall be increased by thirteen (13) spaces, for which Tenant shall pay Landlord’s quoted rates. In the event Tenant terminates its lease of Suite 350 pursuant to the terms of Section X(b) hereof, Tenant’s parking would then be decreased by said thirteen spaces.

Appears in 2 contracts

Sources: Lease (Berkeley Lights, Inc.), Lease (Berkeley Lights, Inc.)

Expansion. a. Suite 350: Tenant is granted a one-time right Subject to expand its Premises by addition thereto the terms and conditions of this Sixth Amendment, commencing retroactively as of May 1, 2018 and continuing thereafter for the duration of the existing 4,515 Term of the Lease (as the same may be extended), (i) Landlord agrees to lease and Tenant agrees to accept in its "AS IS WHERE IS" condition, the Suite 400 Expansion Premises; (ii) Paragraph 2.1 of the Lease shall be amended to include the Suite 400 Expansion Premises and the total rentable square foot office Suite 350 (“Suite 350”footage of the Existing Premises, as more clearly delineated on Exhibit D hereto). As part of this right, Tenant shall have the right to expand Suite 350 expanded by the addition thereto Suite 400 Expansion Premises, shall be approximately 44,317 square feet; (iii) the Premises under the Lease shall mean the Existing Premises, as expanded by the Suite 400 Expansion Premises; (iv) the Term for the Suite 400 Expansion Premises shall be coterminous with the remainder of the small common seating area Existing Premises (including the existing one (1) five (5) year renewal option set forth in Section 5 of the Fourth Amendment); (v) Paragraph 3.1 of the Lease is hereby amended to state that Tenant's obligation to pay Base Rent and Tenant's Prorata Share of Operating Expenses for the Suite 400 Expansion Premises commences retroactively as of May 1, 2018; (vi) Paragraph 3.2 of the Lease is hereby amended to state that Tenant's obligation to pay Tenant's Prorata Share of Operating Expenses for the Suite 400 Expansion Premises commences retroactively as of May 1, 2018; (vii) Article I and Paragraph 3.2 of the Lease are hereby amended to provide that the “Seating Area”), as such is more clearly delineated on Exhibit D. In Base Year” for purposes of the Suite 400 Expansion Premises and Tenant's Prorata Share of Operating Expenses for the Suite 400 Expansion Premises shall be calendar year 2011; and (viii) in the event Tenant elects to include exercise its renewal option granted under the Seating Area into Suite 350, the rentable square footage of the enlarged Suite 350 shall be 4,684. Tenant’s option to lease Suite 350 (including possibly the Seating Area) is referred to herein as the “Suite 350 Expansion Option”. Tenant may invoke the Suite 350 Expansion Option (including the decision whether or not to include therein the Seating Area) by written notice to Landlord made on or before June 30, 2016. In the event Tenant so notifies Landlord of Tenant’s election of the Suite 350 Expansion Option, Landlord shall deliver possession of Suite 350 (and also of the Seating Area, if applicable) to Tenant, Lease in their then respective as-is conditions, within thirty (30) days of Landlord recapturing possession of Suite 350 from the prior third-party tenant. The date of Landlord’s delivery of possession of Suite 350 to Tenant shall be referred to as the “Suite 350 Commencement Date”. Effective upon the ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ (▇▇▇ the Seating Area, if applicable) shall be added to Tenant’s Premises and shall be subject to all accordance with the terms and conditions of Section 5 of the Lease. To reflect the addition to Tenant’s Premises of Suite 350Fourth Amendment, the Monthly then Base Rent Tenant is otherwise obligated to pay for the Suite 400 Expansion Premises pursuant to the terms of the Lease shall be increased increase annually by monthly base rent applicable to Suite 350 (the “Suite 350 Monthly Base Rent”). The Suite 350 Monthly Base Rent shall be equal to the Suite 350 rentable square footage (which may include the rentable square footage of the Seating Area, as discussed above), multiplied by the Suite 350 Monthly Base Rental Rate applicable from time to time, as outlined below: Present—12/31/16 $3.33 per rentable square foot per month Commencing January 1, 2017 and annually thereafter, the Suite 350 Monthly Base Rental Rate shall be increased by three two percent (32%). Notwithstanding any of the above, Suite 350 shall be free of Monthly Base Rental for the first sixty (60) days following the Suite 350 Commencement Date. The Suite 350 Monthly Base Rental Rate applicable to the period up to and including December 31, 2016 above is intended to represent a “fully-serviced” rate, meaning that as it relates solely to Suite 350, Tenant’s Rent Adjustments and Rent Adjustment Deposits (which are the vehicle for Tenant paying Tenant’s share of Operating Expenses and of Taxes relating to Suite 350) will be calculated using a Base Year of calendar 2016. In the event Tenant adds Suite 350 to its Premises pursuant to the terms above, Landlord agrees to make a Tenant Improvement Allowance equal to $20.00 per rentable square foot times the rentable square footage of Suite 350 available to Tenant, which Tenant may apply to the costs of Tenant Improvements Tenant makes to Suite 350 (the “Suite 350 Tenant Improvement Allowance”), such Suite 350 Tenant Improvement Allowance to be provided per the terms of the Workletter. In the event Tenant adds Suite 350 to its Premises pursuant to the above, Tenant’s parking shall be increased by thirteen (13) spaces, for which Tenant shall pay Landlord’s quoted rates. In the event Tenant terminates its lease of Suite 350 pursuant to the terms of Section X(b) hereof, Tenant’s parking would then be decreased by said thirteen spaces.

Appears in 1 contract

Sources: Lease Agreement (Texas Roadhouse, Inc.)

Expansion. a. Suite 350: Tenant is granted a one-time right to expand its Premises by addition thereto Effective as of the existing 4,515 Expansion Effective Date (as defined in the Work Letter attached hereto as Exhibit B), the Original Premises shall be increased for all purposes under the Lease (other than the construction provisions thereof) by 15,747 rentable square foot office Suite 350 feet located on the third (“Suite 350”, 3rd) floor of the ---------------------- Building as more clearly delineated shown on Exhibit D heretoA attached hereto and made a part hereof (the "Second Expansion Space"). As part Effective as of this rightthe Expansion Effective Date, Item 2 of the Basic Lease Provisions attached to the Lease and Section 1 of the Lease Agreement shall be amended to reflect the addition of the Second Expansion Space, the Original Premises shall thereafter contain for all purposes under the Lease (other than the construction provisions thereof), 43,716 rentable square feet; and Tenant's Share (Item 5 of the Basic Lease Provisions to the Lease) shall thereafter be 41.71%. b. The term for the Second Expansion Space shall commence on the Expansion Effective Date and shall expire on December 31, 2004, coterminous with the Term for the Original Premises. c. Base Rent for the Second Expansion Space shall be paid in accordance with the Lease, except that it shall be calculated not in accordance with the schedules contained in the Lease, but in accordance with the following schedule: Rate Per Rentable Period Square Foot per Annum -------------------------------------------- --------------------- Expansion Effective Date - December 31, 2000 $15.25 January 1, 2001 - December 31, 2001 $15.78 January 1, 2002 - December 31, 2002 $16.33 January 1, 2003 - December 31, 2003 $16.90 January 1, 2004 - December 31, 2004 $17.49 d. All other charges and expenses under the Lease which are or will be applicable to the Original Premises [excluding the Second Expansion Space and the first Expansion Space (as described in the Second Amendment) (the "First Expansion Space")] shall be applicable to the Second Expansion Space from and after the Expansion Effective Date. e. On or before the Expansion Effective Date, Tenant shall have the right to expand Suite 350 by the addition thereto of the small common seating area (the “Seating Area”), as such is more clearly delineated on Exhibit D. In the event Tenant elects to include the Seating Area into Suite 350, the rentable square footage of the enlarged Suite 350 shall be 4,684. Tenant’s option to lease Suite 350 (including possibly the Seating Area) is referred to herein as the “Suite 350 Expansion Option”. Tenant may invoke the Suite 350 Expansion Option (including the decision whether deposit with Landlord a replacement LOC or not to include therein the Seating Area) by written notice to Landlord made on or before June 30, 2016. In the event Tenant so notifies Landlord of Tenant’s election of the Suite 350 Expansion Option, Landlord shall deliver possession of Suite 350 (and also of the Seating Area, if applicable) to Tenant, in their then respective as-is conditions, within thirty (30) days of Landlord recapturing possession of Suite 350 from the prior third-party tenant. The date of Landlord’s delivery of possession of Suite 350 to Tenant shall be referred to as the “Suite 350 Commencement Date”. Effective upon the ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ (▇▇▇ the Seating Area, if applicable) shall be added to Tenant’s Premises and shall be subject to all the terms and conditions of the Lease. To reflect the addition to Tenant’s Premises of Suite 350, the Monthly Base Rent Tenant is otherwise obligated to pay for the Premises pursuant to supplemental LOC complying with the terms of Section 44 such that after such date the Lease shall be increased LOC or LOCs held by monthly base rent applicable to Suite 350 (the “Suite 350 Monthly Base Rent”). The Suite 350 Monthly Base Rent shall be equal to the Suite 350 rentable square footage (which may include the rentable square footage of the Seating Area, as discussed above), multiplied by the Suite 350 Monthly Base Rental Rate applicable from time to time, as outlined below: Present—12/31/16 $3.33 per rentable square foot per month Commencing January 1, 2017 and annually thereafter, the Suite 350 Monthly Base Rental Rate shall be increased by three percent (3%). Notwithstanding any of the above, Suite 350 shall be free of Monthly Base Rental for the first sixty (60) days following the Suite 350 Commencement Date. The Suite 350 Monthly Base Rental Rate applicable to the period up to and including December 31, 2016 above is intended to represent a “fully-serviced” rate, meaning that as it relates solely to Suite 350, Tenant’s Rent Adjustments and Rent Adjustment Deposits (which are the vehicle for Tenant paying Tenant’s share of Operating Expenses and of Taxes relating to Suite 350) will be calculated using a Base Year of calendar 2016. In the event Tenant adds Suite 350 to its Premises pursuant to the terms above, Landlord agrees to make a Tenant Improvement Allowance equal to $20.00 per rentable square foot times the rentable square footage of Suite 350 available to Tenant, which Tenant may apply to the costs of Tenant Improvements Tenant makes to Suite 350 (the “Suite 350 Tenant Improvement Allowance”), such Suite 350 Tenant Improvement Allowance to be provided per the terms of the Workletter. In the event Tenant adds Suite 350 to its Premises pursuant to the above, Tenant’s parking shall be increased by thirteen (13) spaces, for which Tenant shall pay Landlord’s quoted rates. In the event Tenant terminates its lease of Suite 350 pursuant to the terms of Section X(b44 of the Lease shall be in the aggregate face amount of $300,000.00 instead of $250,000.00 as set forth in the Lease . f. The parking ratio of "five (5) hereofspaces per 1,000 rentable square feet of space in the Premises (136 spaces total)" set forth in Section 34 of the Lease, as same has been amended previously, shall no longer be applicable. Subject to the remaining provisions of Section 34 of the Lease, the total number of parking spaces available to Tenant pursuant to Section 34 shall be 211. In the event Tenant uses or encumbers parking spaces for Tenant’s parking would then 's emergency generator, uninterruptable power source or other equipment, fixtures or personally, such spaces so used or encumbered shall be decreased by said thirteen spacesdeemed to be included within the 211 available spaces and not in addition thereto.

Appears in 1 contract

Sources: Lease Agreement (Davox Corp)

Expansion. a. Suite 350: Tenant is granted a one-time right to expand its Premises by addition thereto Upon receipt of written notice from Landlord that the existing 4,515 lease for approximately 21,550 rentable square foot office Suite 350 (“Suite 350”feet to BG Medicine, as more clearly delineated on Exhibit D hereto). As part of this right, Tenant shall have the right to expand Suite 350 by the addition thereto of the small common seating area Inc. (the “Seating AreaBG Lease”) has terminated and that the BG Expansion Premises are being delivered to Tenant, the Premises shall automatically expand in accordance with this Section 2.1.2 to include an additional 21,550 rentable square feet of space in the Building (the “BG Expansion Premises”), as such which BG Expansion Premises is more clearly delineated particularly shown on the plan attached hereto as Exhibit D. In A-1. Following the event expansion described in this Section 2.1.2, the Premises will include all common areas of the Building. The lease of the BG Expansion Premises shall be on the same terms and conditions that are set forth in this Lease for the Premises, including without limitation, Section 2.4.1 below, except that the Rent Commencement Date for the BG Expansion Premises shall be ninety (90) days after the date on which the BG Expansion Premises are delivered to Tenant elects in accordance herewith (the “BG Delivery Date”), the Improvement Allowance for the BG Expansion Premises shall be $495,650 and the Space Planning Allowance for the BG Expansion Premises shall be $48,487.50. The provisions of this Section 2.1.2 shall be self-operative, but at either party’s request, Landlord and Tenant shall enter into an amendment to this Lease to reflect the expansion of the Premises to include the Seating Area into Suite 350BG Expansion Premises. The BG Expansion Premises shall be delivered to Tenant in “broom clean” condition, but including all biotechnology trade fixtures that are affixed to the rentable square footage BG Expansion Premises as of the enlarged Suite 350 shall be 4,684. Tenant’s option to lease Suite 350 (date hereof, including possibly the Seating Area) is referred to herein as the “Suite 350 Expansion Option”. Tenant may invoke the Suite 350 Expansion Option (including the decision whether or not to include therein the Seating Area) by written notice to Landlord made on or before June 30any benches, 2016. In the event Tenant so notifies Landlord cabinets and racks, and free of Tenant’s election of the Suite 350 Expansion Optionall tenants and occupants, Landlord shall deliver possession of Suite 350 (and also of the Seating Area, if applicable) to Tenant, in their then respective as-is conditions, within thirty (30) days of Landlord recapturing possession of Suite 350 from the prior third-party tenant. The date of Landlord’s such delivery of possession of Suite 350 to Tenant shall be referred to as the “Suite 350 Commencement Date”. Effective upon the ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ (▇▇▇ the Seating Area, if applicable) shall be added to Tenant’s Premises and shall be subject to all the terms and conditions provisions of Section 2.4(d) below. The term of the LeaseBG Lease is scheduled to expire on June 30, 2008 (and the tenant thereunder is entitled to an extension term of one (1) additional year). To reflect Notwithstanding the addition to Tenant’s Premises provisions of Suite 350this Section 2.1.2, the Monthly Base Rent Tenant is otherwise obligated BG Delivery Date shall not occur prior to pay for the Premises pursuant to the terms of the Lease shall be increased by monthly base rent applicable to Suite 350 June 30, 2009 and no later than July 1, 2010 (the “Suite 350 Monthly Base Rent”). The Suite 350 Monthly Base Rent shall be equal to the Suite 350 rentable square footage (which may include the rentable square footage of the Seating Area, as discussed above), multiplied by the Suite 350 Monthly Base Rental Rate applicable from time to time, as outlined below: Present—12/31/16 $3.33 per rentable square foot per month Commencing January 1, 2017 and annually thereafter, the Suite 350 Monthly Base Rental Rate shall be increased by three percent (3%). Notwithstanding any of the above, Suite 350 shall be free of Monthly Base Rental for the first sixty (60) days following the Suite 350 Commencement BG Outside Delivery Date. The Suite 350 Monthly Base Rental Rate applicable to the period up to and including December 31, 2016 above is intended to represent a “fully-serviced” rate, meaning that as it relates solely to Suite 350, Tenant’s Rent Adjustments and Rent Adjustment Deposits (which are the vehicle for Tenant paying Tenant’s share of Operating Expenses and of Taxes relating to Suite 350) will be calculated using a Base Year of calendar 2016. In the event Tenant adds Suite 350 to its Premises pursuant to the terms above, Landlord agrees to make a Tenant Improvement Allowance equal to $20.00 per rentable square foot times the rentable square footage of Suite 350 available to Tenant, which Tenant may apply to the costs of Tenant Improvements Tenant makes to Suite 350 (the “Suite 350 Tenant Improvement Allowance”), such Suite 350 it being agreed that Tenant Improvement Allowance to be provided per the terms of the Workletter. In the event Tenant adds Suite 350 to may terminate its Premises pursuant rights to the above, Tenant’s parking shall be increased by thirteen (13) spaces, for which Tenant shall pay Landlord’s quoted rates. In BG Expansion Premises if the event Tenant terminates its lease of Suite 350 pursuant to BG Delivery date occurs later than the terms of Section X(b) hereof, Tenant’s parking would then be decreased by said thirteen spacesOutside BG Delivery Date.

Appears in 1 contract

Sources: Lease Agreement (Altus Pharmaceuticals Inc.)