Common use of Modification of Premises Clause in Contracts

Modification of Premises. Effective as of the date (the "Expansion Commencement Date") which is the later to occur of (i) April 1, 2015, and (ii) the date which is one hundred twenty (120) days following the date upon which Landlord delivers the Expansion Premises to Tenant (which delivery is anticipated to occur between July 1, 2014 and November 1, 2014), the Existing Premises shall be increased to include the Expansion Premises. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the "Premises". All references in the Lease, as amended, to the Building shall mean (a) the 250 Building when the context applies to the 250 Building or any portion of the Premises located in the 250 Building, (b) the 270 Building when the context applies to the 270 Building or any portion of the Premises located in the 270 Building, and (c) both the 250 Building and the 270 Building when the context applies to both of such buildings. Tenant shall have the right to access the Expansion Premises from and after the date upon which Landlord delivers the Expansion Premises to Tenant, in accordance with the terms of Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"). In the event the Expansion Commencement Date is determined pursuant to item (i) above (i.e., April 1, 2014 occurs more than one hundred twenty (120) days after the date Landlord delivers the Expansion Premises to Tenant), then Tenant shall have the right to occupy and use all or any portion of the Expansion Premises during the period commencing on the date which is one hundred twenty (120) days following the date upon which Landlord delivers the Expansion Premises to Tenant; provided that Landlord is in receipt of (x) the Minimum Rental for the second (2nd) full month of the Expansion Term(as required by Section 4.2 below), and (y) a certificate of insurance in compliance with the indemnification provisions set forth in the Lease, as amended, and continuing through March 31, 2015 (the "Beneficial Occupancy Period"). Tenant shall give Landlord prior notice of any such occupancy of the Expansion Premises. Other than Tenant's obligation to pay Minimum Rental and Tenant’s Operating Cost Share with respect to the Expansion Premises, all of the terms and conditions of the Lease shall apply during the Beneficial Occupancy Period as though the Expansion Commencement Date had occurred (it nevertheless being acknowledged that the Expansion Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of this Section 2).

Appears in 1 contract

Samples: Lease (Portola Pharmaceuticals Inc)

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Modification of Premises. Effective as of the date (the "Expansion Commencement Date") which is the later to occur of (i) April 1, 2015, and (ii) the date which is one hundred twenty (120) days following the date upon which Landlord delivers the Phase 1 portion of the Expansion Premises to Tenant “Ready for Occupancy” (the “Expansion Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Phase 1 portion of the Expansion Premises (which delivery date is anticipated to occur between July 1in October, 2014 and November 1, 20142019). Effective as of the later of the Expansion Commencement Date or the date Landlord delivers the Phase 2 portion of the Premises to Tenant “Ready for Occupancy” (the “Phase 2 Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Phase 2 portion of the Expansion Premises. The addition of the Phase 1 portion of the Expansion Premises to the Existing Premises shall be increased to include shall, effective as of the Expansion PremisesPremises Commencement Date, increase the size of the Premises to approximately 28,977 RSF. The addition of the Phase 2 portion of the Expansion Premises to the Existing Premises and the Phase 1 portion of the Expansion Premises shall, effective as of the Phase 2 Expansion Commencement Date, increase the size of the Premises to approximately 50,298 RSF. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the "Premises". All references in The last two (2) sentences of Section 1.1.1 of the Lease, Lease shall apply as amended, to the Building shall mean (a) the 250 Building when the context applies to the 250 Building or any portion of the Premises located in the 250 Building, (b) the 270 Building when the context applies to the 270 Building or any portion of the Premises located in the 270 Building, and (c) both the 250 Building and the 270 Building when the context applies to both of such buildingsExpansion Premises. Tenant shall have the right to access Landlord represents that the Expansion Premises from are currently leased to ICE DATA SERVICES, INC. (the “Existing Tenant”) and after Landlord has entered into an agreement with the date upon which Landlord delivers Existing Tenant to terminate its lease and the Existing Tenant and any subtenants to vacate and surrender the Expansion Premises on or before May 31, 2019, as to Tenant, in accordance with the terms of Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"). In the event the Expansion Commencement Date is determined pursuant to item (i) above (i.e., April 1, 2014 occurs more than one hundred twenty (120) days after the date Landlord delivers the Expansion Premises to Tenant), then Tenant shall have the right to occupy and use all or any Phase 1 portion of the Expansion Premises during the period commencing on the date which is one hundred twenty (120) days following the date upon which Landlord delivers the Expansion Premises to Tenant; provided that Landlord is in receipt of (x) the Minimum Rental for the second (2nd) full month of the Expansion Term(as required by Section 4.2 below)and December 31, and (y) a certificate of insurance in compliance with the indemnification provisions set forth in the Lease2019, as amended, and continuing through March 31, 2015 (to the "Beneficial Occupancy Period"). Tenant shall give Landlord prior notice of any such occupancy Phase 2 portion of the Expansion Premises. Other than Tenant's obligation Landlord shall use commercially reasonable efforts to pay Minimum Rental enforce such agreement and deliver the phases of the Expansion Premises to Tenant as soon as practicable thereafter. Landlord shall deliver the Expansion Premises in the required condition promptly following the Existing Tenant’s Operating Cost Share with respect to vacation and surrender of each phase of the Expansion PremisesPremises and completion of any environmental closure required by Applicable Laws. 799463.04/WLA 377097-00004/5-28-19/ejs/ejs HCP LIFE SCIENCE REIT, all of the terms and conditions of the Lease shall apply during the Beneficial Occupancy Period as though the Expansion Commencement Date had occurred (it nevertheless being acknowledged that the Expansion Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of this Section 2).INC. [First Amendment] [Pulse Biosciences, Inc.]

Appears in 1 contract

Samples: Lease (Pulse Biosciences, Inc.)

Modification of Premises. Effective as of the date January 1, 2020 (the "Expansion Commencement Date") which is the later ”), Tenant shall lease from Landlord and Landlord shall lease to occur of (i) April 1, 2015, and (ii) the date which is one hundred twenty (120) days following the date upon which Landlord delivers Tenant the Expansion Premises to Tenant (which delivery is anticipated to occur between July 1Premises. Consequently, 2014 and November 1, 2014)effective upon the Expansion Commencement Date, the Existing Premises shall be increased to include the Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises to 96,944 rentable square feet. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the "Premises". All references Notwithstanding anything to the contrary set forth in this Section 2, Tenant hereby acknowledges that the Expansion Premises are currently occupied by AIG Claims, Inc. (“AIG”), and if Tenant and AIG do not enter into the “AIG Sublease,” as that term is defined in Section 3.3, below, and AIG holds over in the LeaseExpansion Premises past December 31, as amended2019, to then Tenant's sole remedy shall be a day-for-day abatement of Base Rent for the Building shall mean (a) Expansion Premises for the 250 Building when number of days from January 1, 2020 until the context applies to the 250 Building or any portion of the Premises located in the 250 Building, (b) the 270 Building when the context applies to the 270 Building or any portion of the Premises located in the 270 Building, and (c) both the 250 Building and the 270 Building when the context applies to both of such buildings. Tenant shall have the right to access date that Landlord recovers the Expansion Premises from AIG (the “Abatement Remedy”). Such abatement shall commence immediately following the expiration of the Rent Abatement Period and after such applicable abatement amount shall be credited against Base Rent for the date upon which Landlord delivers Expansion Premises until exhausted in full. For avoidance of doubt, if Tenant and AIG enter into the AIG Sublease, but AIG fails to timely surrender the Expansion Premises to TenantTenant under the AIG Sublease, in accordance with the terms of Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"). In the event the Expansion Commencement Date is determined pursuant to item (i) above (i.e., April 1, 2014 occurs more than one hundred twenty (120) days after the date Landlord delivers the Expansion Premises to Tenant), then Tenant same shall have the right to occupy and use all or any portion of the Expansion Premises during the period commencing on the date which is one hundred twenty (120) days following the date upon which Landlord delivers the Expansion Premises to Tenant; provided that Landlord is in receipt of (x) the Minimum Rental for the second (2nd) full month of the Expansion Term(as required by Section 4.2 below), and (y) a certificate of insurance in compliance with the indemnification provisions set forth in the Lease, as amended, and continuing through March 31, 2015 (the "Beneficial Occupancy Period"). Tenant shall give Landlord prior notice of any such occupancy of the Expansion Premises. Other than Tenant's obligation to pay Minimum Rental and be Tenant’s Operating Cost Share with respect sole responsibility and under no circumstance shall Tenant be entitled to the Expansion PremisesAbatement Remedy. 798514 .04/WLA [Third Amendment) 888888-00019 / 5-6- 19 /ctl/c tl [AssetMark, all of the terms and conditions of the Lease shall apply during the Beneficial Occupancy Period as though the Expansion Commencement Date had occurred (it nevertheless being acknowledged that the Expansion Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of this Section 2).Inc.]

Appears in 1 contract

Samples: Office Lease (AssetMark Financial Holdings, Inc.)

Modification of Premises. Effective as of the date (the "Expansion Commencement Date") which ” (as that term is defined hereinbelow), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Expansion Premises. For purposes of this First Amendment, the term “Expansion Commencement Date” shall mean the later to occur of (i) April December 1, 2015, and or (ii) the date which is one hundred twenty the Premises are “Ready for Occupancy” as defined in the Tenant Work Letter attached hereto as Exhibit B (120) days following the date “Tenant Work Letter”). Effective upon which Landlord delivers the Expansion Premises to Tenant (which delivery is anticipated to occur between July 1, 2014 and November 1, 2014)Commencement Date, the Existing Premises shall be increased to include the Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises to approximately 93,579 rentable square feet. The Existing Premises and the Expansion Premises may hereinafter after the Expansion Commencement Date collectively HCP LS REDWOOD CITY, LLC [First Amendment] [Relypsa, Inc.] be referred to as the "Premises". All After the Expansion Commencement Date, all references in the Lease, as amended, to the Building shall mean (ai) the 250 100 Building when the context applies to the 250 100 Building or any portion of the Premises located in the 250 100 Building, (bii) the 270 200 Building when the context applies to the 270 200 Building or any portion of the Premises located in the 270 200 Building, and (ciii) both the 250 100 Building and the 270 200 Building when the context applies to both of such buildings. Tenant shall have ; provided, however, references to the right Building in Sections 4.1.2, 11.2, 15.4 and 24 as to access the Expansion Premises from and after the date upon which Landlord delivers the Expansion Premises to Tenant, in accordance with the terms of Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"). In the event the Expansion Commencement Date is determined pursuant to item (i) above (i.e., April 1, 2014 occurs more than one hundred twenty (120) days after the date Landlord delivers the Expansion Premises to Tenant), then Tenant shall have the right to occupy and use all or any portion of the Expansion Premises during the period commencing on the date which is one hundred twenty (120) days following the date upon which Landlord delivers the Expansion Premises to Tenant; provided that Landlord is in receipt of (x) the Minimum Rental for the second (2nd) full month of the Expansion Term(as required by Section 4.2 below), and (y) a certificate of insurance in compliance with the indemnification provisions set forth in the Lease, as amended, and continuing through March 31, 2015 (the "Beneficial Occupancy Period"). Tenant shall give Landlord prior notice of any such occupancy of mean the Expansion Premises. Other than Tenant's obligation to pay Minimum Rental and Tenant’s Operating Cost Share with respect to the Expansion Premises, all of the terms and conditions of the Lease shall apply during the Beneficial Occupancy Period as though the Expansion Commencement Date had occurred (it nevertheless being acknowledged that the Expansion Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of this Section 2).

Appears in 1 contract

Samples: Lease (Relypsa Inc)

Modification of Premises. Effective as of the date March 1, 2015 (the "Expansion Commencement Date") which is ”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the later to occur of (i) April Expansion Premises; provided, however, that the Expansion Commencement Date shall be extended on a day-for-day basis for each day after January 1, 2015, 2015 that the existing tenant of the Expansion Premises (the “Existing Tenant”) fails to complete the full surrender and (ii) vacation of the date which is one hundred twenty (120) days following Expansion Premises until such day as the date upon which Landlord delivers Existing Tenant surrenders and vacates the Expansion Premises to Landlord (such full surrender and vacation to include the removal of all furniture and personal property and delivery to Tenant of copies of environmental decommissioning and sign-off letters from all relevant state and local environmental agencies) (which delivery is anticipated to occur between July 1the “Vacation Date”). Consequently, 2014 and November 1, 2014)effective upon the Expansion Commencement Date, the Existing Expansion Premises shall be increased added to include the Expansion Existing Premises. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the "Premises". All references Landlord and Tenant hereby acknowledge that such addition of the Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, result in Premises equal to 81,235 rentable square feet, and the Premises shall comprise the entirety of the Building. Landlord anticipates that the Vacation Date shall occur on or before January 1, 2015. Landlord shall have no liability to Tenant for any damages resulting from any delay in the Lease, Vacation Date as amended, a result of Existing Tenant’s failure to vacate and surrender the Building shall mean (a) the 250 Building when the context applies to the 250 Building Expansion Premises or any portion part thereof, provided that if Landlord has not delivered possession of the Expansion Premises located in the 250 Building, (b) the 270 Building when the context applies to the 270 Building or any portion Tenant free and clear of the Premises located in the 270 BuildingExisting Tenant on or before March 1, and (c) both the 250 Building and the 270 Building when the context applies to both of such buildings. 2015, Tenant shall have the right to access the Expansion Premises from and after the date upon which Landlord delivers the Expansion Premises to Tenant, in accordance with the terms of Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B terminate this First Amendment by written notice (the "“Termination Notice”) to Landlord on or before March 15, 2015; provided further, that if Tenant Work Letter"). In the event the Expansion Commencement Date is determined pursuant delivers a Termination Notice to item (i) above (i.e., April 1, 2014 occurs more than one hundred twenty (120) days after the date Landlord delivers the Expansion Premises to Tenant)Landlord, then Tenant Landlord shall have the right to occupy and use all or any portion suspend the occurrence of the Expansion Premises during the period commencing on the date which is one hundred twenty termination of this First Amendment until April 1, 2015 by delivering written notice to Tenant, within ten (12010) days following Landlord’s receipt of the date upon which Landlord delivers Termination Notice, that, in Landlord’s reasonable, good faith judgment, the Existing Tenant will vacate and surrender the Expansion Premises to Tenant; provided that Landlord is in receipt of (x) the Minimum Rental for the second (2nd) full month of the Expansion Term(as required by Section 4.2 below), and (y) a certificate of insurance in compliance with the indemnification provisions set forth in the Lease, as amended, and continuing through March 31on or before April 1, 2015 (the "Beneficial Occupancy Period"“Termination Extension Notice”). If the Existing Tenant shall give Landlord prior notice of any such occupancy of vacates and surrenders the Expansion Premises. Other than Tenant's obligation Premises to pay Minimum Rental Landlord on or before April 1, 2015, then the Termination Notice shall be of no force or effect, but if such vacation and Tenant’s Operating Cost Share with respect to the Expansion Premisessurrender does not occur on or before April 1, all of the terms and conditions of the Lease 2015, then this First Amendment shall apply during the Beneficial Occupancy Period as though the Expansion Commencement Date had occurred (it nevertheless being acknowledged that the Expansion Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of this Section 2)terminate on April 1, 2015.

Appears in 1 contract

Samples: Lease (Five Prime Therapeutics Inc)

Modification of Premises. Effective Notwithstanding any provision to the contrary contained in the Lease, effective as of the date (the "Expansion Commencement Date") which that is five (5) Business Days following the later date that this First Amendment is fully executed and delivered by Landlord and Tenant and Landlord has delivered exclusive possession of the Expansion Premises to occur of Tenant in the condition required in subsections (i) April 1and (ii) of this Section 2, 2015Tenant shall lease from Landlord and Landlord shall lease to Tenant the Expansion Premises subject to the terms of this First Amendment. Landlord shall (i) deliver exclusive possession of the Expansion Premises to Tenant with all existing furniture, fixtures and equipment and any other personal property removed, and (ii) cause the date which is one hundred twenty (120) days following the date upon which Landlord delivers Building Systems serving the Expansion Premises to Tenant (which be in good working order upon the date of Landlord's delivery is anticipated of the Expansion Premises to occur between July 1Tenant. Consequently, 2014 and November 1, 2014)effective upon the Expansion Commencement Date, the Existing Premises shall be increased to include the Expansion Premises. The Except as otherwise provided in this First Amendment, all references in the Lease and this First Amendment to the "Premises" shall include the Existing Premises and the Expansion Premises may hereinafter collectively be referred Premises. Notwithstanding anything to as the "Premises". All references contrary contained in the Lease, as amended, Landlord and Tenant hereby stipulate to the Building shall mean (a) the 250 Building when the context applies to the 250 Building or any portion of the Premises located in the 250 Building, (b) the 270 Building when the context applies to the 270 Building or any portion of the Premises located in the 270 Building, rentable and (c) both the 250 Building and the 270 Building when the context applies to both of such buildings. Tenant shall have the right to access the Expansion Premises from and after the date upon which Landlord delivers the Expansion Premises to Tenant, in accordance with the terms of Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"). In the event the Expansion Commencement Date is determined pursuant to item (i) above (i.e., April 1, 2014 occurs more than one hundred twenty (120) days after the date Landlord delivers the Expansion Premises to Tenant), then Tenant shall have the right to occupy and use all or any portion usable square feet of the Expansion Premises during the period commencing on the date which is one hundred twenty (120) days following the date upon which Landlord delivers as set forth in Recital B above, and agree that the Expansion Premises shall not be subject to Tenant; provided that Landlord is in receipt of (x) the Minimum Rental for the second (2nd) full month of remeasurement or modification at any time during the Expansion Term(as required by Term (as that term is defined in Section 4.2 3 below), and (y) a certificate of insurance in compliance with the indemnification provisions set forth in the Lease, as amended, and continuing through March 31, 2015 (the "Beneficial Occupancy Period"). Tenant shall give Landlord prior notice of any such occupancy of the Expansion Premises. Other than Tenant's obligation to pay Minimum Rental and Tenant’s Operating Cost Share with respect to the Expansion Premises, all of the terms and conditions of the Lease shall apply during the Beneficial Occupancy Period as though the Expansion Commencement Date had occurred (it nevertheless being acknowledged that the Expansion Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of this Section 2).

Appears in 1 contract

Samples: To Lease (ChromaDex Corp.)

Modification of Premises. Effective as of the Expansion Possession Date (defined below) (such date (is also the "Expansion Commencement Date") which is Tenant shall lease from Landlord and Landlord shall lease to Tenant the later to occur Expansion Premises. The date of (i) April 1, 2015, and (ii) the date which is one hundred twenty (120) days following the date upon which Landlord delivers Landlord's tendering of possession of the Expansion Premises to Tenant following the Substantial Completion of the Expansion Improvements (which delivery as defined in the Work Letter) shall be the "Expansion Possession Date". If for any reason, Landlord is anticipated delayed in tendering possession of the Expansion Premises to occur between July 1Tenant by any particular date (including, 2014 without limitation, on account of any present tenant or occupant of the Premises not vacating the Premises), Landlord shall not be subject to any Losses for such failure, and November 1the validity of the Lease shall not be impaired. Consequently, 2014)effective upon the Expansion Commencement Date, the Existing Premises shall be increased to include the Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises to 110,082 rentable (and usable) square feet. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the "Premises.". All references in the Lease, as amended, to the Building shall mean (a) the 250 Building when the context applies to the 250 Building or any portion of the Premises located in the 250 Building, (b) the 270 Building when the context applies to the 270 Building or any portion of the Premises located in the 270 Building, and (c) both the 250 Building and the 270 Building when the context applies to both of such buildings. Tenant shall have the right to access the Expansion Premises from and after the date upon which Landlord delivers the Expansion Premises to Tenant, in accordance with the terms of Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"). In the event the Expansion Commencement Date is determined pursuant to item (i) above (i.e., April 1, 2014 occurs more than one hundred twenty (120) days after the date Landlord delivers the Expansion Premises to Tenant), then Tenant shall have the right to occupy and use all or any portion of the Expansion Premises during the period commencing on the date which is one hundred twenty (120) days following the date upon which Landlord delivers the Expansion Premises to Tenant; provided that Landlord is in receipt of (x) the Minimum Rental for the second (2nd) full month of the Expansion Term(as required by Section 4.2 below), and (y) a certificate of insurance in compliance with the indemnification provisions set forth in the Lease, as amended, and continuing through March 31, 2015 (the "Beneficial Occupancy Period"). Tenant shall give Landlord prior notice of any such occupancy of the Expansion Premises. Other than Tenant's obligation to pay Minimum Rental and Tenant’s Operating Cost Share with respect to the Expansion Premises, all of the terms and conditions of the Lease shall apply during the Beneficial Occupancy Period as though the Expansion Commencement Date had occurred (it nevertheless being acknowledged that the Expansion Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of this Section 2).

Appears in 1 contract

Samples: Office Lease (DermTech, Inc.)

Modification of Premises. Effective as of the date November 7, 2021 (the "Second Expansion Commencement Date") which is ), Tenant shall lease from Landlord and Landlord shall lease to Tenant the later Second Expansion Premises. Landlord shall be deemed to occur have tendered possession of (i) April 1, 2015, and (ii) the date which is one hundred twenty (120) days following the date upon which Landlord delivers the Second Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Second Expansion Premises (which delivery the "Possession Date"), and no action by Tenant shall be required therefor. If for any reason, Landlord is anticipated delayed in tendering possession of the Second Expansion Premises to occur between July 1Tenant by any particular date, 2014 Landlord shall not be subject to any liability for such failure, and November 1the validity of this Lease shall not be impaired, 2014)but Tenant shall not be obligated to pay Rent until the Possession Date occurs. Consequently, effective upon the Second Expansion Commencement Date, the Existing Premises shall be increased to include the Second Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Second Expansion Premises to the Existing Premises shall, effective as of the Second Expansion Commencement Date, increase the size of the Premises to approximately 102,844 RSF. The Existing Premises and the Second Expansion Premises may hereinafter collectively be referred to as the "Premises". ." All references in the Lease, as amended, to the Building shall mean (a) the 250 Building when the context applies to the 250 Building or any portion of the Premises located in the 250 Building, (b) the 270 Building when the context applies to the 270 Building or any portion of the Premises located in the 270 Building, and (c) both the 250 Building and the 270 Building when the context applies to both of such buildings. Tenant shall have the right to access the Expansion Premises from and after the date upon which Landlord delivers the Expansion Premises to Tenant, in accordance with the terms of Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"). In the event the Expansion Commencement Date is determined pursuant to item (i) above (i.e., April 1, 2014 occurs more than one hundred twenty (120) days after the date Landlord delivers the Expansion Premises to Tenant), then Tenant shall have the right to occupy and use all or any portion of the Expansion Premises during the period commencing on the date which is one hundred twenty (120) days following the date upon which Landlord delivers the Expansion Premises to Tenant; provided that Landlord is in receipt of (x) the Minimum Rental for the second (2nd) full month of the Expansion Term(as required by Section 4.2 below), and (y) a certificate of insurance in compliance with the indemnification provisions set forth in the Lease, as amended, and continuing through March 31, 2015 (the "Beneficial Occupancy Period"). Tenant shall give Landlord prior notice of any such occupancy of the Expansion Premises. Other than Tenant's obligation to pay Minimum Rental and Tenant’s Operating Cost Share with respect to the Expansion Premises, all of the terms and conditions of the Lease shall apply during the Beneficial Occupancy Period as though the Expansion Commencement Date had occurred (it nevertheless being acknowledged that the Expansion Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of this Section 2).mean

Appears in 1 contract

Samples: Lease (Revolution Medicines, Inc.)

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Modification of Premises. Effective as of the date (the "Expansion Commencement Date") which is six (6) months following the later to occur of (ia) April July 1, 2015, 2020 and (iib) the date which is one hundred twenty (120) days following the date upon which Landlord delivers all of the Third Expansion Premises to Tenant in the condition required by this Third Amendment (which delivery is anticipated the "Third Expansion Commencement Date"), Tenant shall lease from Landlord and Landlord shall lease to occur between Tenant the Third Expansion Premises. Landlord anticipates delivering and shall use commercially reasonable efforts to deliver possession of the Third Expansion Premises to Tenant on or about July 1, 2014 and November 12020. Consequently, 2014)effective upon the Third Expansion Commencement Date, the Existing Premises shall be increased to include the Third Expansion Premises. Landlord and Tenant hereby acknowledge that notwithstanding any provision to the contrary contained in the Lease, such addition of the Third Expansion Premises to the Existing Premises shall, effective as of the Third Expansion Commencement Date, increase the size of the Premises to approximately 106,414 rentable square feet. The Existing Premises and the Third Expansion Premises may hereinafter collectively be referred to as the "Premises". All Effective as of the Third Expansion Commencement Date, all references in the Lease, as amended, to the Building shall mean (ai) the 250 Building E when the context applies to the 250 Building E or any portion of the Premises located in the 250 BuildingBuilding E, (bii) the 270 Building J when the context applies to the 270 Building J or any portion of the Premises located in the 270 BuildingBuilding J, and (ciii) both the 250 Building and the 270 Building F when the context applies to both of such buildings. Tenant shall have the right to access the Expansion Premises from and after the date upon which Landlord delivers the Expansion Premises to Tenant, in accordance with the terms of Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"). In the event the Expansion Commencement Date is determined pursuant to item (i) above (i.e., April 1, 2014 occurs more than one hundred twenty (120) days after the date Landlord delivers the Expansion Premises to Tenant), then Tenant shall have the right to occupy and use all Building F or any portion of the Expansion Premises during the period commencing on the date which is one hundred twenty (120) days following the date upon which Landlord delivers the Expansion Premises to Tenant; provided that Landlord is located in receipt of (x) the Minimum Rental for the second (2nd) full month of the Expansion Term(as required by Section 4.2 below)Building F, and (yiv) a certificate each of insurance in compliance with Building E, Building J and Building F when the indemnification provisions set forth in context applies to all of such buildings; provided; however, if casualty damage affects only one Building, the Lease, as amended, and continuing through March 31, 2015 (the "Beneficial Occupancy Period"). Tenant shall give Landlord prior notice of any such occupancy termination rights of the parties under Article 11 of the Original Lease shall apply only to the portion of the Premises in such Building (in which event the rent, security deposit and other amounts herein related to square footage and the definition of "Building" shall be correspondingly revised) and after the expiration of the Lease Term as to the Existing Premises, the Building shall mean only Building F and the Premises shall mean only the Third Expansion Premises. Other than Notwithstanding the foregoing, if Landlord has not delivered possession of the Third Expansion Premises in the “Delivery Condition” (as that term is defined in Section 1 of Exhibit B), on or before (a) October 1, 2020, then, as Tenant's obligation sole remedy for such delay, other than the right to pay Minimum Rental and Tenant’s Operating Cost Share with respect specific performance, the date Tenant is otherwise obligated to commence payment of rent as to the Third Expansion Premises, all of the terms and conditions of the Lease Space shall apply during the Beneficial Occupancy Period as though the Expansion Commencement Date had occurred be delayed by one (it nevertheless being acknowledged 1) day for each two (2) days that the Expansion Commencement Date delivery date is delayed beyond such date, or (b) January 1, 2021, then Tenant shall also have the right to terminate this Third Amendment by written notice thereof to Landlord, whereupon any monies previously paid or deliveries previously made by Tenant to Landlord under this Third Amendment shall be promptly returned to Tenant, which dates shall be extended to the extent of any delays in delivery of possession caused by (a) Tenant delays, or (b) events of Force Majeure (which Force Majeure delays shall not actually occur until exceed ninety (90) days in the occurrence of the same pursuant to the terms of this Section 2aggregate).

Appears in 1 contract

Samples: Lease (Arcus Biosciences, Inc.)

Modification of Premises. Effective as of the date (the "Expansion Commencement Date") which is the later to occur of (i) April January 1, 20152024, and (ii) the date which is one hundred twenty “Possession Date” (120defined below) days following (such date, the date upon which "Third Expansion Commencement Date"), Tenant shall lease from Landlord delivers and Landlord shall lease to Tenant the [Revolution Medicines, Inc.] Third Expansion Premises. Landlord shall be deemed to have tendered possession of the Third Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Third Expansion Premises (which delivery the "Possession Date"), and no action by Tenant shall be required therefor. If for any reason, Landlord is anticipated delayed in tendering possession of the Third Expansion Premises to occur between July 1Tenant by any particular date, 2014 Landlord shall not be subject to any liability for such failure, and November 1the validity of this Lease shall not be impaired, 2014)but Tenant shall not be obligated to pay Rent until the Possession Date occurs. Consequently, effective upon the Third Expansion Commencement Date, the Existing Premises shall be increased to include the Third Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Third Expansion Premises to the Existing Premises shall, effective as of the Third Expansion Commencement Date, increase the size of the Premises to approximately 142,811 RSF. The Existing Premises and the Third Expansion Premises may hereinafter collectively be referred to as the "Premises". ." All references in the Lease, as amended, to the Building shall mean (ai) the 250 700 Building when the context applies to the 250 700 Building or any portion of the Premises located in the 250 700 Building, (bii) the 270 300 Building when the context applies to the 270 300 Building or any portion of the Premises located in the 270 300 Building, and (ciii) both the 250 Building and the 270 800 Building when the context applies to both of such buildings. Tenant shall have the right to access the Expansion Premises from and after the date upon which Landlord delivers the Expansion Premises to Tenant, in accordance with the terms of Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"). In the event the Expansion Commencement Date is determined pursuant to item (i) above (i.e., April 1, 2014 occurs more than one hundred twenty (120) days after the date Landlord delivers the Expansion Premises to Tenant), then Tenant shall have the right to occupy and use all 700 Building or any portion of the Expansion Premises during located in the period commencing on the date which is one hundred twenty 800 Building, (120) days following the date upon which Landlord delivers the Expansion Premises to Tenant; provided that Landlord is in receipt of (xiv) the Minimum Rental for 900 Building when the second (2nd) full month context applies to the 900 Building or any portion of the Expansion Term(as required by Section 4.2 below)Premises located in the 900 Building, and (yv) a certificate of insurance in compliance with the indemnification provisions set forth in the Lease, as amended, and continuing through March 31, 2015 (the "Beneficial Occupancy Period"). Tenant shall give Landlord prior notice of any such occupancy each of the Expansion Premises. Other than Tenant's obligation 700 Building, the 300 Building, the 800 Building and the 900 Building when the context applies to pay Minimum Rental and Tenant’s Operating Cost Share with respect to the Expansion Premises, all each of the terms and conditions of the Lease shall apply during the Beneficial Occupancy Period as though the Expansion Commencement Date had occurred (it nevertheless being acknowledged that the Expansion Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of this Section 2)such buildings.

Appears in 1 contract

Samples: Lease (Revolution Medicines, Inc.)

Modification of Premises. Effective as of the date (the "‘‘Expansion Commencement Date"’’) which that is the later earlier to occur of (i) April 1the date of Tenant's occupancy of the Expansion Premises for the conduct of business, 2015, and (ii) the date which of ‘‘Substantial Completion’’ of the ‘‘Tenant Improvements’’ (as those terms are defined in Sections 4.4 and 2.1, respectively, of the Tenant Work Letter attached hereto as Exhibit B (the ‘‘Tenant Work Letter’’)), and (iii) the date that is one hundred twenty six (1206) days months following the date upon which Landlord delivers ‘‘Possession Date’’ (as that term is defined in Section 5 below) [provided that the Expansion Premises to Tenant dates under clauses (which delivery is anticipated to occur between ii) and (iii) above shall in no event be earlier than July 1, 2014 2021, and November 1such dates under clauses (ii) and (iii) above shall be subject to extension as set forth in Section 5.7 of the Tenant Work Letter], 2014and continuing until the Lease Expiration Date (i.e., April 30,2027, but subject to extension as set forth in Section 5.7 of the Tenant Work Letter), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Expansion Premises. Consequently, effective upon the Expansion Commencement Date, the Existing Premises shall be increased to include the Expansion Premises. (The dates described in clauses (ii) and (iii) above are collectively referred to as the ‘‘Dates Subject to Extension’’.) In the event that the Lease Expiration Date is extended pursuant to Section 5.7 of the Tenant Work Letter, then Tenant shall continue to pay Rent for the Existing Premises and the Expansion Premises in accordance with the terms of the Lease during such extended period of the Lease Term, and Base Rent shall be payable at the rate set forth in the Lease for the last month of the Lease Term for each of the Existing Premises and the Expansion Premises. The addition of the Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises to 48,868 RSF. The Existing Premises and the Expansion Premises may hereinafter shall, effective as of the Expansion Commencement Date, collectively be referred to as the "‘‘Premises"’’. All references in Landlord and Tenant hereby stipulate and agree that the Lease, as amended, to the Building shall mean (a) the 250 Building when the context applies to the 250 Building or any portion of the Premises located in the 250 Building, (b) the 270 Building when the context applies to the 270 Building or any portion of the Premises located in the 270 Building, and (c) both the 250 Building and the 270 Building when the context applies to both of such buildings. Tenant shall have the right to access the Expansion Premises from and after the date upon which Landlord delivers the Expansion Premises to Tenant, in accordance with the terms of Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"). In the event the Expansion Commencement Date is determined pursuant to item (i) above (i.e., April 1, 2014 occurs more than one hundred twenty (120) days after the date Landlord delivers the Expansion Premises to Tenant), then Tenant shall have the right to occupy and use all or any portion rentable area of the Expansion Premises is as set forth in Recital Section B above. At any time during the period commencing on ‘‘Expansion Term’’ (as that term is defined in Section 3.2 below), Landlord may deliver to Tenant a notice in the date which is one hundred twenty form as set forth in Exhibit C attached to the Office Lease, as a confirmation only of the information set forth therein, which, if accurate, Tenant shall execute and return to Landlord within five (1205) days of receipt thereof. If Tenant fails to respond to such notice within such 5-day period, Landlord may send a written ‘‘reminder notice’’. Tenant's failure to respond to such reminder notice within three (3) business days following Tenant's receipt thereof shall be deemed Tenant's agreement that the date upon which Landlord delivers information set forth in such notice is as specified therein. For the avoidance of any doubt, Tenant shall not be deemed to have failed to respond to, and shall not be bound by the information set forth in, a proposed confirmation of commencement for the Expansion Premises to Tenant; provided that Landlord is in receipt of (x) the Minimum Rental for the second (2nd) full month of the Expansion Term(as required by Section 4.2 below), and (y) a certificate of insurance in compliance with the indemnification provisions set forth in the Lease, as amended, and continuing through March 31, 2015 (the "Beneficial Occupancy Period"). if Tenant shall give Landlord prior notice of timely notify Landlord, in writing, that Tenant disputes any such occupancy of the Expansion Premises. Other than Tenant's obligation to pay Minimum Rental and Tenant’s Operating Cost Share with respect to the Expansion Premises, or all of the terms and conditions of the Lease shall apply during the Beneficial Occupancy Period as though the Expansion Commencement Date had occurred (it nevertheless being acknowledged that the Expansion Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of this Section 2).information set forth therein...

Appears in 1 contract

Samples: Office Lease (Arrowhead Pharmaceuticals, Inc.)

Modification of Premises. Effective as of the date December 15, 2020 (the "Expansion Commencement Date") which is ), Tenant shall lease from Landlord and Landlord shall lease to Tenant the later Expansion Premises. Tenant hereby acknowledges that Tenant will be in possession of the Expansion Premises prior to occur the Expansion Commencement Date through an assignment agreement of (i) April 1the existing lease agreement between the existing tenant, 2015AtriCure, Inc., a Delaware corporation, and Landlord (ii) the date which "Existing Lease"). The Existing Lease is one hundred twenty (120) days following the date upon which scheduled to expire on December 14, 2020, and accordingly, Landlord delivers shall have no affirmative obligation to deliver the Expansion Premises to Tenant, Tenant shall have no affirmative surrender or restoration obligations under the Existing Lease, including Sections 5.3.3, 5.3.4, 8.2, and 23.1 and Articles 15 and 22, and Tenant’s continued possession of the Expansion Premises shall in no way be deemed a holdover under the Existing Lease. Notwithstanding the foregoing, Landlord agrees to return Tenant’s security deposit under the Existing Lease in the amount of $79,880 within thirty (30) days of the Expansion Commencement Date, regardless of the condition or state of the Expansion ./ -/// [Revolution Medicines, Inc.] Premises at such time. The date upon which delivery is anticipated to occur between July 1Tenant takes possession of the Expansion Premises under the Existing Lease shall be the "Expansion Possession Date." Consequently, 2014 and November 1, 2014)effective upon the Expansion Commencement Date, the Existing Premises shall be increased to include the Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises to approximately 61,399 RSF. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the "Premises.". All references in the Lease, as amended, to the Building shall mean (ai) the 250 700 Building when the context applies to the 250 700 Building or any portion of the Premises located in the 250 700 Building, (bii) the 270 300 Building when the context applies to the 270 300 Building or any portion of the Premises located in the 270 300 Building, and (ciii) both the 250 700 Building and the 270 300 Building when the context applies to both of such buildings. Tenant shall have the right to access the Expansion Premises from and after the date upon which Landlord delivers the Expansion Premises to Tenant, in accordance with the terms of Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"). In the event the Expansion Commencement Date is determined pursuant to item (i) above (i.e., April 1, 2014 occurs more than one hundred twenty (120) days after the date Landlord delivers the Expansion Premises to Tenant), then Tenant shall have the right to occupy and use all or any portion of the Expansion Premises during the period commencing on the date which is one hundred twenty (120) days following the date upon which Landlord delivers the Expansion Premises to Tenant; provided that Landlord is in receipt of (x) the Minimum Rental for the second (2nd) full month of the Expansion Term(as required by Section 4.2 below), and (y) a certificate of insurance in compliance with the indemnification provisions set forth in the Lease, as amended, and continuing through March 31, 2015 (the "Beneficial Occupancy Period"). Tenant shall give Landlord prior notice of any such occupancy of the Expansion Premises. Other than Tenant's obligation to pay Minimum Rental and Tenant’s Operating Cost Share with respect to the Expansion Premises, all of the terms and conditions of the Lease shall apply during the Beneficial Occupancy Period as though the Expansion Commencement Date had occurred (it nevertheless being acknowledged that the Expansion Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of this Section 2).

Appears in 1 contract

Samples: Lease (Revolution Medicines, Inc.)

Modification of Premises. Effective as of the date April 1, 2022 (the "Expansion Commencement Date") which is ), Tenant shall lease from Landlord and Landlord shall lease to Tenant the later Expansion Premises. Landlord shall be deemed to occur have tendered possession of (i) April 1, 2015, and (ii) the date which is one hundred twenty (120) days following the date upon which Landlord delivers the Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Expansion Premises (which delivery is anticipated the "Expansion Possession Date"), and no action by Tenant shall be required therefor. Landlord shall use commercially reasonable efforts to cause the Expansion Possession Date to occur between July on December 1, 2014 and November 2021. If Landlord does not cause the Expansion Possession Date to occur by January 1, 20142022 (the “Abatement Outside Date”), which Abatement Outside Date shall be extended one day for each day of delay or delays to the extent caused by (a) Force Majeure Events (as defined in the Lease, and modified hereinbelow), and (b) any delays actually caused by Tenant. Tenant shall receive one day of abatement, with respect to the Expansion Premises only, for each day of the "Delayed Delivery Period" (defined below). For purposes of this Second Amendment, "Delayed Delivery Period" shall mean each day after the Abatement Outside Date until the Expansion Possession Date occurs (after deducting the number of days of tenant delays and/or delays arising from events of Force Majeure, if any). Consequently, effective upon the Expansion Commencement Date, the Existing Premises shall be increased to include the Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises to approximately 29,732 rentable square feet. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the "Premises"." In connection with the Expansion Premises, Tenant shall be entitled all utilities, facilities, services (including services related to maintenance, repair and restoration) as are provided under the Lease amended hereby including, but not limited to, the utilities, facilities and services provided under Articles 8, 11, Section 12.2 and Section 12.3, and the terms of Articles 14 and 15 shall apply to Tenant’s lease of the Expansion Premises. All references in the Lease, as amended, to the Building shall mean (ai) the 250 Existing Building when the context applies to the 250 Existing Building or any portion of the Premises (i.e., the Existing Premises) located in the 250 Existing Building, (bii) the 270 Expansion Building when the context applies to the 270 Expansion Building or any portion of the Premises (i.e., the Expansion Premises) located in the 270 Expansion Building, and (ciii) both the 250 Existing Building and the 270 Expansion Building when the context applies to both of such buildings. Tenant shall have the right to access the Expansion Premises from and after the date upon which Landlord delivers the Expansion Premises to Tenant, in accordance with the terms of Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"). In the event the Expansion Commencement Date is determined pursuant to item (i) above (i.e., April 1, 2014 occurs more than one hundred twenty (120) days after the date Landlord delivers the Expansion Premises to Tenant), then Tenant shall have the right to occupy and use all or any portion of the Expansion Premises during the period commencing on the date which is one hundred twenty (120) days following the date upon which Landlord delivers the Expansion Premises to Tenant; provided that Landlord is in receipt of (x) the Minimum Rental for the second (2nd) full month of the Expansion Term(as required by Section 4.2 below), and (y) a certificate of insurance in compliance with the indemnification provisions set forth in the Lease, as amended, and continuing through March 31, 2015 (the "Beneficial Occupancy Period"). Tenant shall give Landlord prior notice of any such occupancy of the Expansion Premises. Other than Tenant's obligation to pay Minimum Rental and Tenant’s Operating Cost Share with respect to the Expansion Premises, all of the terms and conditions of the Lease shall apply during the Beneficial Occupancy Period as though the Expansion Commencement Date had occurred (it nevertheless being acknowledged that the Expansion Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of this Section 2).

Appears in 1 contract

Samples: Lease Agreement (Vaxart, Inc.)

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