Common use of Project Planning Clause in Contracts

Project Planning. If Landlord requires the Premises for use in conjunction with another suite or for other reasons connected with the planning program for the Building or the Project, upon not less than one hundred twenty (120) days’ Notice to Tenant, Landlord shall have the right to move Tenant to other reasonably comparable space in the Project, which shall be comparable in terms of size, size and number of conference facilities, layout, and quality of finishes and improvements (any such other space is hereinafter referred to as the “Substitute Premises”), at Landlord’s sole cost and expense, said cost and expense being limited to the reasonable costs of: (a) physically moving Tenant’s personal property from the Premises to the Substitute Premises, (b) relocating telephone and IT equipment and service, and (c) if Tenant’s address within the Project changes as a direct result of the relocation, replacing a reasonable quantity of preprinted letterhead and business cards, and (d) any other reasonable, actual, out-of-pocket costs reasonably incurred by Tenant for such relocation. Following the relocation, the terms and conditions of this Lease shall remain in full force and effect for the balance of the Term, except that a revised Exhibit “A” shall become part of this Lease reflecting the location of the Substitute Premises, and Article 1 of this Lease shall be amended to include and state all correct data as to the Substitute Premises (and Landlord and Tenant shall promptly execute an amendment to this Lease making such changes, provided that the parties’ failure to execute an amendment shall not affect each party’s respective rights and obligations with respect to such changes). Following any such relocation of the Premises to a Substitute Premises, all references in this Lease to the “Premises” shall be deemed to refer to the Substitute Premises. Notwithstanding anything to the contrary herein, if the Substitute Premises does not meet with Tenant’s approval (in its sole and absolute discretion), Tenant will have the right to cancel this Lease upon giving Landlord written notice thereof within sixty (60) days of receipt of Landlord’s notice to Tenant exercising Landlord’s right to move Tenant to the Substitute Premises; provided, however, Landlord has the right, by written notice to Tenant given within five (5) business days of receipt of Tenant’s cancellation notice to rescind Landlord’s notice to Tenant exercising Landlord’s right to move Tenant to the Substitute Premises, in which event such notice will be rescinded, Tenant’s subsequent cancellation notice will be cancelled and this Lease will remain in full force and effect. If Tenant cancels this Lease as provided above, Tenant agrees to vacate the Building and the Premises within one hundred twenty (120) days of its receipt of Landlord’s original notice exercising Landlord’s right to move Tenant to the Substitute Premises. Notwithstanding the foregoing, Landlord’s right to move Tenant to the Substitute Premises shall not apply during the initial Term.

Project Planning. If In the event Landlord requires the Premises for use in conjunction with another suite or for other reasons connected with the planning program for the Building or the ProjectProject planning, upon not less than one hundred twenty (120) days’ Notice notifying Tenant in writing, Landlord may, subject to Tenant's approval as provided below, Landlord shall have the right to move Tenant to other reasonably comparable space premises in the Project, which shall be comparable in terms of size, size and number of conference facilities, layout, and quality of finishes and improvements Corporate Center (any such other space is hereinafter referred to as the “Substitute "New Premises”"), at Landlord’s 's sole cost and expense, said cost and expense being limited to the reasonable costs of: (a) physically moving Tenant’s personal property from the Premises to the Substitute Premises, (b) relocating telephone and IT equipment and service, and (c) if Tenant’s address within the Project changes as a direct result of the relocation, replacing a reasonable quantity of preprinted letterhead and business cards, and (d) any other reasonable, actual, out-of-pocket costs reasonably incurred by Tenant for such relocation. Following the relocation, the terms and conditions of this Lease shall remain in full force and effect for the balance of the Termeffect, except that a revised Exhibit “A” "B" shall become part of this Lease reflecting and shall reflect the location of the Substitute Premises, New Premises and Article Section 1 of this Lease shall be amended to include and state all correct data as to the Substitute New Premises (except that Tenant's rental obligations under this Lease shall not be increased as a result of such relocation to the New Premises). Landlord shall provide Tenant with at least thirty (30) days' prior written notice of its desire to relocate the Premises, which notice shall describe in reasonable detail the location and Landlord and configuration of the proposed New Premises. Tenant shall promptly execute an amendment to this Lease making such changesapprove or disapprove the proposed New Premises within ten (10) days of the date of Landlord's notice, provided that the parties’ failure to execute an amendment which approval shall not affect each party’s respective rights be unreasonably withheld and obligations with respect to such changes). Following any such relocation of the Premises to a Substitute Premises, all references in this Lease to the “Premises” shall be deemed to refer to the Substitute Premises. Notwithstanding anything to the contrary hereingranted if not withheld, if the Substitute Premises does not meet with Tenant’s approval in writing, within such ten (in its sole and absolute discretion), Tenant will have the right to cancel this Lease upon giving Landlord written notice thereof within sixty (6010) days of receipt of Landlord’s notice to Tenant exercising Landlord’s right to move Tenant to the Substitute Premisesday period; provided, however, Landlord has that Tenant may not withhold its approval of the rightNew Premises if the size, by written notice to Tenant given within five (5) business days quality, configuration and window lines of receipt of Tenant’s cancellation notice to rescind Landlord’s notice to Tenant exercising Landlord’s right to move Tenant the proposed New Premises are substantially similar to the Substitute original Premises, in which event such notice will be rescinded, Tenant’s subsequent cancellation notice will be cancelled and this Lease will remain in full force and effect. If Tenant cancels this Lease as provided above, Tenant agrees to vacate the Building and the Premises within one hundred twenty (120) days of its receipt of Landlord’s original notice exercising Landlord’s right to move Tenant to the Substitute Premises. Notwithstanding the foregoing, Landlord’s right to move Tenant to the Substitute Premises shall not apply during the initial Term.

Project Planning. If Landlord requires the Premises for use in conjunction with by another suite tenant or for other reasons connected with the Project planning program for or the redevelopment and/or remodeling of the Building and/or Project (including demolishing and rebuilding the Building), then Landlord shall have the right, upon ninety (90) days' prior written notice to Tenant ("Relocation Notice"), to relocate the Premises to other space in the Building or the Project, upon not less than one hundred twenty (120) days’ Notice to Tenant, Landlord shall have the right to move Tenant or to other reasonably comparable space in any of the Projectbuildings or projects of similar quality owned by Lessor or Lessor's affiliates in the I-15 corridor/Rancho Bernardo area of San Diego, which shall be comparable in terms of size, substantially similar size and number of conference facilities, layoutas the Prxxxxxx, and with tenant improvements of substantially similar age, quality and layout as then existing in the Premises. In the event of finishes and improvements (any such other space is hereinafter referred to as the “Substitute Premises”), at Landlord’s sole cost and expense, said cost and expense being limited to the reasonable costs of: (a) physically moving Tenant’s personal property from the Premises to the Substitute Premisesrelocation, (bi) relocating telephone and IT equipment and serviceTenant shall receive ninety (90) days of Basic Rent abatement commencing on the date of the Relocation Notice, and (cii) if Tenant’s address within Landlord shall pay for the Project changes as a direct result cost of the relocation, replacing a reasonable quantity of preprinted letterhead and business cardsproviding such substantially similar tenant improvements (but not any furniture or personal property), and Landlord shall reimburse Tenant, within thirty (d30) any days after Landlord's receipt of invoices and paid receipts, for the reasonable moving, telephone installation, stationery reprinting and other reasonable, actual, out-of-pocket directly related costs reasonably incurred actually paid for by Tenant for in connection with such relocation. Following the relocationIf Landlord so relocates Tenant, the terms and conditions of this Lease shall remain in full force and effect for and apply to the balance of the Termnew space, except that (a) a revised Exhibit “A” "B" shall become part of this Lease reflecting and shall reflect the location of the Substitute Premisesnew space, and Article 1 of (b) the Summary to this Lease shall be amended to include and state all correct data as to the Substitute Premises new space, and (and c) such new space shall thereafter be deemed to be the "Premises". Notwithstanding the foregoing provisions of this Section 27 to the contrary, if the new space contains more rentable square feet than the original Premises, Tenant shall not be obligated to pay any more Basic Rent or Operating Expenses than otherwise applicable to the original Premises. Landlord and Tenant agree to cooperate fully in order to minimize the inconvenience of Tenant resulting from such relocation. Notwithstanding the foregoing, in the event Landlord provides Tenant with a Relocation Notice, Tenant shall promptly execute an amendment have the option, upon written notice ("Termination Notice") to Landlord (which Termination Notice must be given, if at all, within ten (10) days after Tenant's receipt of a Relocation Notice from Landlord that specifies the building or projects to which Landlord proposes to relocate the Premises), to terminate this Lease making such changes, provided that the parties’ failure to execute an amendment shall not affect each party’s respective rights and obligations with respect to such changes). Following any such relocation effective as of the Premises to a Substitute Premises, all references termination date specified in this Lease to the “Premises” shall be deemed to refer to the Substitute Premises. Notwithstanding anything to the contrary herein, if the Substitute Premises does not meet with Tenant’s approval (in its sole and absolute discretion), Tenant will have the right to cancel this Lease upon giving Landlord written notice thereof within sixty (60) days of receipt of Landlord’s notice to Tenant exercising Landlord’s right to move Tenant to the Substitute PremisesRelocation Notice; provided, however, that if Tenant delivers a Termination Notice, Landlord has shall have the right, right to rescind the Relocation Notice by written notice to Tenant given within five (5) business days of after Landlord's receipt of Tenant’s cancellation notice to rescind Landlord’s notice to Tenant exercising Landlord’s right to move Tenant to the Substitute Premisesa Termination Notice, in which event such notice will case the Termination Notice shall be rescindednull and void, Tenant’s subsequent cancellation notice will the Premises shall not be cancelled relocated, and this Lease will shall remain in full force and effect. If Tenant cancels this Lease as provided above, Tenant agrees to vacate the Building and the Premises within one hundred twenty (120) days of its receipt of Landlord’s original notice exercising Landlord’s right to move Tenant to the Substitute Premises. Notwithstanding the foregoing, Landlord’s right to move Tenant to the Substitute Premises shall not apply during the initial Term.

Project Planning. If Landlord requires the Premises for use in conjunction with by another suite tenant or for other reasons connected with the Project planning program for program, then Landlord shall have the right, upon thirty (30) days’ prior written notice to Tenant, to relocate the Premises to other space in the Building or the ProjectProject of substantially similar size as the Premises, upon not less than one hundred twenty (120) days’ Notice to Tenantand with tenant improvements of substantially similar age, quality and layout as then existing in the Premises. In the event of any such relocation, Landlord shall have pay for the right to move Tenant to other reasonably comparable space in the Project, which shall be comparable in terms cost of size, size and number of conference facilities, layoutproviding such substantially similar tenant improvements (but not any furniture or personal property), and quality Landlord shall reimburse Tenant, within thirty (30) days after Xxxxxxxx’s receipt of finishes invoices and improvements (any such other space is hereinafter referred to as the “Substitute Premises”)paid receipts, at Landlord’s sole cost and expense, said cost and expense being limited to for the reasonable moving, telephone installation and stationery reprinting costs of: (a) physically moving Tenant’s personal property from the Premises to the Substitute Premises, (b) relocating telephone and IT equipment and service, and (c) if Tenant’s address within the Project changes as a direct result of the relocation, replacing a reasonable quantity of preprinted letterhead and business cards, and (d) any other reasonable, actual, out-of-pocket costs reasonably incurred actually paid for by Tenant for In connection with such relocation. Following the relocationIf Landlord so relocates Tenant, the terms and conditions of this Lease shall remain in full force and effect for and apply to the balance of the Termnew space, except that (a) a revised Exhibit “AB” shall become part of this Lease reflecting and shall reflect the location of the Substitute Premisesnew space, and Article 1 of (b) the Summary to this Lease shall be amended to include and state all correct data as to the Substitute Premises new space, and (and Landlord and Tenant c) such new space shall promptly execute an amendment thereafter be deemed to this Lease making such changes, provided that the parties’ failure to execute an amendment shall not affect each party’s respective rights and obligations with respect to such changes). Following any such relocation of the Premises to a Substitute Premises, all references in this Lease to be the “Premises” shall be deemed to refer ”. Notwithstanding the foregoing provisions of this Section 27 to the Substitute Premises. Notwithstanding anything to the contrary hereincontrary, if the Substitute Premises does not meet with Tenant’s approval (in its sole and absolute discretion)new space contains more rentable square feet than the original Premises, Tenant will have the right shall not be obligated to cancel this Lease upon giving Landlord written notice thereof within sixty (60) days of receipt of Landlord’s notice to Tenant exercising Landlord’s right to move Tenant pay any more Basic Rent or Common Area Expenses than otherwise applicable to the Substitute Premises; provided, however, Landlord has the right, by written notice to Tenant given within five (5) business days of receipt of Tenant’s cancellation notice to rescind Landlord’s notice to Tenant exercising Landlord’s right to move Tenant to the Substitute Premises, in which event such notice will be rescinded, Tenant’s subsequent cancellation notice will be cancelled and this Lease will remain in full force and effect. If Tenant cancels this Lease as provided above, Tenant agrees to vacate the Building and the Premises within one hundred twenty (120) days of its receipt of Landlord’s original notice exercising Landlord’s right to move Tenant to the Substitute Premises. Notwithstanding Landlord and Xxxxxx agree to cooperate fully in order to minimize the foregoing, Landlord’s right to move inconvenience of Tenant to the Substitute Premises shall not apply during the initial Termresulting from such relocation.