Tenant’s Lease Default. Notwithstanding any terms to the contrary contained in this Lease, if Tenant is in default of this Lease (including, without limitation, this Tenant Work Letter) at any time on or before the completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.
Appears in 3 contracts
Samples: Lease Agreement (Cloudflare, Inc.), Lease Agreement (Cloudflare, Inc.), Office Lease Agreement (Workday, Inc.)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if an event of default as described in the Lease, or a default by Tenant is in default of this Lease (including, without limitation, under this Tenant Work Letter) , has occurred at any time on or before the completion Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of cause the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements caused by such work stoppagestoppage as set forth in Section 5.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which caseLease. EXHIBIT B -3- HCP XXXXXX XXXXX, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.LLC [11099 NORTH XXXXXX XXXXX ROAD] [Synthorx Inc.]
Appears in 3 contracts
Samples: Lease, Lease (Synthorx, Inc.), Lease (Synthorx, Inc.)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in the Lease or this LeaseWork Letter, if any default by Tenant is in default of under the Lease or this Lease Work Letter (including, without limitation, this any failure by Tenant Work Letterto fund any portion of the Over-Allowance Amount) occurs at any time on or before the completion Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement EXHIBIT B Allowance and the Test-Fit Contribution and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements caused by such work stoppageand any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediatelyLease.
Appears in 2 contracts
Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in the Lease or this LeaseWork Letter, if any economic or material non-economic default by Tenant is in default of under the Lease or this Lease Work Letter (including, without limitation, this any failure by Tenant Work Letterto fund any portion of the Over-Allowance Amount) occurs at any time on or before the substantial completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements caused by such work stoppageand any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Tenant Work Letter shall be suspended tolled until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord)Lease. Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.EXHIBIT C FREMONT LAKE UNION CENTER
Appears in 2 contracts
Samples: Office Lease Agreement (Tableau Software Inc), Office Lease Agreement (Tableau Software Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if Tenant is an event of default as described in default Section 19.1 of this Lease (including, without limitation, or a default by Tenant under this Tenant Work Letter) Letter has occurred at any time on or before the substantial completion of the Tenant ImprovementsExpansion Premises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, Landlord shall have the right to withhold payment of all or any portion of the Expansion Premises Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Expansion Premises (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Expansion Premises caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the this Lease (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Expansion Premises caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.EXHIBIT “C” MASTER DECLARATION
Appears in 2 contracts
Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in the Lease or this LeaseTenant Work Letter, if any monetary or material non-monetary Default by Tenant is in under the Lease or default of under this Lease Tenant Work Letter (including, without limitation, this any failure by Tenant Work Letterto fund any portion of the Over-Allowance Amount) occurs at any time on or before the substantial completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements caused by such work stoppageand any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord)Lease. Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.EXHIBIT B EXHIBIT C CHINA BASIN
Appears in 2 contracts
Samples: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this the Lease, as amended, or this Work Letter, if any default by Tenant is in default of under the Lease, as amended, beyond any applicable notice and cure period or this Lease Work Letter (including, without limitation, this any failure by Tenant Work Letterto fund any portion of the Over-Allowance Amount) occurs at any time on or before the substantial completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, as amended, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements caused by such work stoppageand any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease, as amended, and this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which caseLease, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord)as amended. Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.EXHIBIT B SCHEDULE 1
Appears in 2 contracts
Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in the Lease or this LeaseWork Letter, if Tenant is any default (beyond the applicable notice and cure period set forth in default of this Lease or this Work Letter) by Tenant under the Lease or this Work Letter (including, without limitation, this any failure by Tenant Work Letterto fund any portion of the Over-Allowance Amount) occurs at any time on or before the completion Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements caused by such work stoppageand any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediatelythis Lease.
Appears in 2 contracts
Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if any material default as described in Section 12.01 of Lease or failure by Tenant is in default of to timely observe or perform an obligation under this Lease (including, without limitation, this Tenant Work Letter) Letter has occurred at any time on or before the completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements (in which case, Tenant shall be responsible for any further delay in the completion of the Tenant Improvements caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding , and (iii) the forgoing, if a default by Tenant date on which payment of Base Rent is cured, forgiven or waived, Landlord’s suspended obligations to commence under the Lease shall not be fully reinstated and resumed, effective immediatelyaffected.
Appears in 2 contracts
Samples: Work Letter Agreement (Cloudera, Inc.), Work Letter Agreement (Cloudera, Inc.)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if an event of default as described in the Lease, or a default by Tenant is in default of this Lease (including, without limitation, under this Tenant Work Letter) , has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cease or delay preparation of the Systems Plans and/or cause Contractor to cease the construction of the Tenant Improvements Premises (in which caseany such case(s), Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Premises caused by such work stoppageany Landlord election under this Section 6.7(i) pursuant to the terms of Section 5 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which caseLease. EXHIBIT B -7- [Tenant Name] [Landlord Build-Allowance] SCHEDULE 1 TO EXHIBIT B TIME DEADLINES Dates Actions to be Performed A. May 23, 2012 Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by to deliver Final Space Plan to Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.
Appears in 2 contracts
Samples: Office Lease (Apptio Inc), Office Lease (Apptio Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in the Lease or this LeaseWork Letter, if any default by Tenant is in default of under the Lease or this Lease Work Letter (including, without limitation, this any failure by Tenant Work Letterto fund in advance the costs for any Non-Conforming Improvements) at any time on or before the completion of the Tenant Improvementsoccurs, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment cause the cessation of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such work stoppagecosts occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord)this Lease. Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.SCHEDULE 1 TO EXHIBIT B XXXXXX AIRPORT CENTER LONG BEACH SPACE PLAN SCHEDULE 1 TO EXHIBIT B -1- EXHIBIT C XXXXXX AIRPORT CENTER LONG BEACH OPERATING EXPENSE DEFINITIONS AND CALCULATION PROCEDURES
Appears in 2 contracts
Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in the Lease or this LeaseWork Letter, if any default by Tenant is in default of under the Lease beyond any applicable notice and cure period or this Lease Work Letter (including, without limitation, this any failure by Tenant Work Letterto fund any portion of the Over-Allowance Amount) occurs at any time on or before the substantial completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements caused by such work stoppageand any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord)Lease. Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.EXHIBIT B SCHEDULE 1
Appears in 2 contracts
Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if an event of default as described in the Lease, or a default by Tenant is in default of this Lease (including, without limitation, under this Tenant Work Letter) , has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Premises caused by such work stoppagestoppage as set forth in Section 5 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord)Lease. Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.EXHIBIT B XXXXXXX X XXXXXXXXX XXXXXXXX XXXX
Appears in 2 contracts
Samples: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, as hereby amended, if Tenant is an event of default as described in default of this Lease (includingthe Lease, without limitationas hereby amended, or this Tenant Work Letter) Letter has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, as hereby amended, Landlord shall have the right to withhold payment of all or any portion of the the. Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease this Lease, as hereby amended (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.
Appears in 2 contracts
Samples: Office Lease (Jaguar Animal Health, Inc.), Office Lease (Jaguar Animal Health, Inc.)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if Tenant is an event of default as described in default of this Lease (including, without limitation, or this Tenant Work Letter) Letter has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the this Lease (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing00000/00000 Xxxxxxx Xxxxxx [Structural GenomiX, if a default by Tenant is curedInc.] EXHIBIT "F" TORREY SORRENTO I BUSINESS PARK (00000/00000 Xxxxxxx Xxxxxx, forgiven or waivedXxx Xxxxx, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.Xxxxxxxxxx) ENVIRONMENTAL DOCUMENTS
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if Tenant is an event of default as described in default Section 17 of this Lease (includingLease, without limitation, or a default by Tenant under this Tenant Work Letter) , has occurred at any time on or before the completion Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements caused by such work stoppagestoppage as set forth in Section 6 of this Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which casethis Lease. SCHEDULE 1 TO EXHIBIT C HAMILTON LANDING BASE, SHELL AND XXXX XXRK HAMILTON LANDING BASE, SHELL AND XXXX XXRK Summary of work provided by Landlord as part of Summary of work to be constructed as part of Tenant shall be responsible for any delay Base, Shell and Core Work as set forth in the completion of the Tenant base Improvements caused by such inaction by Landlord)and paid from Allowance. Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.Building construction documents
Appears in 1 contract
Samples: Office Lease (Spatialight Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the ---------------------- contrary contained in this Lease, if Tenant is an event of default (beyond any applicable notice and cure period(s)) as described in default of this the Lease (including, without limitation, or this Tenant Work Letter) Letter has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended stayed until such time as such default is cured pursuant to the terms of the this Lease (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.SCHEDULE 1 TO EXHIBIT B ----------------------- BASE BUILDING -------------
Appears in 1 contract
Samples: Terms of Lease (Diversa Corp)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if an event of default as described in the Lease, or a default by Tenant is in default of this Lease (including, without limitation, under this Tenant Work Letter) , has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises , then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Premises caused by such work stoppagestoppage as set forth in Section 5 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which caseLease. FOUR EMBARCADERO CENTER 607152.05/WLA EXHIBIT B [Nighthawk Radiology Services, Tenant shall LLC] E2621-081/1-8-07/kt/kt -8- [AMLGMN] SCHEDULE 1 TO EXHIBIT B TIME DEADLINES Dates Actions to be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.Performed
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if Tenant is an event of default as described in default of this the Lease (including, without limitation, or this Tenant Work Letter) Letter has occurred at any time on or before the completion Substantial Completion of the Tenant Improvements (including, without limitation, Tenant’s use of non-union labor in connection with the Tenant Improvements), then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the this Lease (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such inaction by Landlord). Notwithstanding the forgoingforegoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this LeaseLease or this Work Letter Agreement, if any default (beyond any applicable notice and cure periods) by Tenant is in default of under this Lease or this Work Letter Agreement (including, without limitation, this any failure by Tenant Work Letterto fund any portion of the Over-Allowance Amount) occurs at any time on or before the completion Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, Landlord shall have the right to withhold or condition payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements caused by such work stoppageand any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of this Tenant Lease and this Work Letter Agreement shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediatelythis Lease.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this the Lease, if an Event of Default by Tenant is in default of this under the Lease (including, without limitation, or this Tenant Work Letter) Letter has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsExpansion Space and remains after the expiration of applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease suspend the construction of the Tenant Improvements Expansion Space (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Expansion Space caused by such work stoppagestoppage as set forth in Section 5.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Expansion Space caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.
Appears in 1 contract
Samples: Lease (Raptor Pharmaceutical Corp)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in the Lease or this LeaseWork Letter, if any default by Tenant is in default of under the Lease (beyond the applicable notice and cure periods) or this Lease Work Letter (including, without limitation, this any failure by Tenant Work Letterto fund any portion of the Over-Allowance Amount) occurs at any time on or before the substantial completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements caused by such work stoppageand any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediatelyLease.
Appears in 1 contract
Samples: Office Lease (Retrophin, Inc.)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this the Lease, if Tenant is an event of default as described in default of this the Lease (including, without limitation, or this Tenant Work Letter) Letter has occurred at any time on and continues beyond applicable notice or cure periods and before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by SCHEDULE 1 TO EXHIBIT A BASE BUILDING IMPROVEMENTS Example of Items qualifying for Base Building Improvement Allowance (“BBIA”) and Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.Improvement Allowance (“TIA”)
Appears in 1 contract
Samples: Pacira Pharmaceuticals, Inc.
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in the Lease or this LeaseTenant Work Letter, if in case of any uncured monetary or material non-monetary Event of Default by Tenant under the Lease or any material default by Tenant under this Tenant Work Letter which is in default of this Lease not cured within three (3) business days after notice from Landlord (including, without limitation, this any failure by Tenant Work Letterto fund any portion of the Over-Allowance Amount) occurs at any time on or before the substantial completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements caused by such work stoppageand any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Tenant Work Letter shall be suspended tolled until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord)Lease. Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.TENANT WORK
Appears in 1 contract
Samples: Lease (Ellie Mae Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if Tenant is a Default as described in default of this Lease (including, without limitation, or this Tenant Work Letter) Letter has occurred at any time on or before the substantial completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the this Lease (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoingforegoing, if a default by Tenant is cured, forgiven or waived, Landlord’s 's suspended obligations shall be fully reinstated and resumed, effective immediately.. SCHEDULE 1 TO EXHIBIT B 000 XXXXXXX XXXXXX LIST OF TENANT DELIVERABLES
Appears in 1 contract
Samples: Office Lease (Okta, Inc.)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in the Lease or this LeaseWork Letter, if any default by Tenant is in default of under the Lease or this Lease Work Letter beyond 692500.09/WLA371593-00023/6-13-12/ao/ao EXHIBIT B KEY CENTER[Xxxxxx Realty, L.P.][Concur Technologies, Inc.] applicable notice and cure periods (including, without limitation, this any failure by Tenant Work Letterto fund any portion of the Over-Allowance Amount) occurs at any time on or before the completion Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements caused by such work stoppageand any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediatelythis Lease.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if an event of default as described in the Lease beyond any applicable notice and/or cure period, or a default by Tenant is in default of this Lease (including, without limitation, under this Tenant Work Letter) Letter beyond any applicable notice and/or cure period, has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Premises caused by such work stoppagestoppage as set forth in Section 5 of this Tenant Work --------- Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease Lease. EXHIBIT B (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.continued) TENANT WORK LETTER
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if Tenant is an event of default as described in default of this the Lease (including, without limitation, or this Tenant Work Letter) Letter has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such EXHIBIT A-1 -10- 000 XXXXXXX XXXXXXXXX [Atara Biotherapeutics, Inc.] work stoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the this Lease (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such inaction by Landlord). Notwithstanding the forgoingEXHIBIT A-1 -11- 000 XXXXXXX XXXXXXXXX [Atara Biotherapeutics, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.Inc.] EXHIBIT C 000 XXXXXXX XXXXXXXXX
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if an event of default as described in Section 19.1 of the Lease, or a default by Tenant is in default of this Lease (including, without limitation, under this Tenant Work Letter) , has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Premises caused by such work stoppagestoppage as set forth in Section 4.2 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which casethis Lease. EXHIBIT B Schedule 1 to Tenant Work Letter SCOPE OF TENANT IMPROVEMENT WORK JUNE 16, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.2003 PROJECT: SORRENTO TOWERS NORTH TENANT: WOMEN’S FIRST HEALTHCARE DEMOLITION:
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if Tenant is an event of default as described in default of this the Lease (including, without limitation, this Tenant Work Letter) has occurred at any time on or before the completion of the Tenant ImprovementsPremises, and such default is not cured within the applicable cure period set forth in the Lease, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance until such time as such default is cured pursuant to the terms of the Lease and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended Premises until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Premises caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant Improvements shall be responsible for any delay in the completion of the Premises caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.RIDER ONE
Appears in 1 contract
Samples: Office Lease (Visualant Inc)
Tenant’s Lease Default. Notwithstanding any terms to the contrary contained in this the Lease, if Tenant is in default of this the Lease (including, without limitation, this Tenant Work Letter) at any time on or before the completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.
Appears in 1 contract
Samples: Lease (Callidus Software Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this the Lease, as hereby amended, if an event of default as described in the Lease, as hereby amended, or a default by Tenant is in default of this Lease (including, without limitation, under this Tenant Work Letter) , has occurred at any time on or before the completion Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, as hereby amended, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements caused by such work stoppagestoppage as set forth in Section 5 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which caseLease, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediatelyas hereby amended.
Appears in 1 contract
Samples: Lease (Inhibrx, Inc.)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary ---------------------- contained in this Lease, if Tenant is an event of default (beyond any applicable notice and cure period(s)) as described in default of this the Lease (including, without limitation, or this Tenant Work Letter) Letter has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended stayed until such time as such default is cured pursuant to the terms of the this Lease (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.SCHEDULE 1 TO EXHIBIT B ----------------------- BASE BUILDING -------------
Appears in 1 contract
Samples: Lease (Diversa Corp)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if an event of default as described in the Lease, or a default by Tenant is in default of this Lease (including, without limitation, under this Tenant Work Letter) , has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Premises caused by such work stoppagestoppage as set forth in Section 5 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which caseLease. XXXXXX XXXX XXXXXXXXX XXXX [Kofax Image Products, Tenant shall Inc.] 70 SCHEDULE 1 TO EXHIBIT B ----------------------- TIME DEADLINES -------------- Dates Actions to be responsible for any delay in the completion Performed ----- ----------------------- 1. June 1, 1998 Tenants retention of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated Architect and resumed, effective immediatelyEngineers.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if an Event of Default as described in Section 16.1 of the Lease, or a default by Tenant is in default of under this Lease (including, without limitation, this Tenant Work Letter) , has occurred at any time on or before the completion of the Tenant ImprovementsSubstantial Completion, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance Costs and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements in question (in which case, Tenant shall be responsible for any delay in or increase in the completion cost of the Substantial Completion of the Tenant Improvements caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord)Lease. Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.[OBL:dbllMaguire Properties - SOTC - YoNaturals Work Letter/lOG4.002] EXHIBIT C - Page 4 SCHEDULE "C-2" INSURANCE REQUIREMENTS
Appears in 1 contract
Samples: Office Lease (Fresh Healthy Vending International, Inc.)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if an event of default as described in the Lease, or a default by Tenant under this Tenant Work Letter, and Tenant fails to cure such default within any applicable notice and cure period set forth in the Lease (or within ten (10) business days if Tenant is in default of this Lease (including, without limitation, under this Tenant Work Letter) ), at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Premises caused by such work stoppagestoppage as set forth in Section 5 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediatelyLease.
Appears in 1 contract
Samples: Sorrento Summit (Nuvasive Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if an event of default (beyond the applicable notice and cure period set forth in the Lease) as described in the Lease, or a default by Tenant is in default of this Lease (including, without limitation, under this Tenant Work Letter (beyond the applicable notice and cure period set forth in the Tenant Work Letter) ), has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Premises caused by such work stoppagestoppage as set forth in Section 5 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediatelyLease.
Appears in 1 contract
Samples: Lease (Ligand Pharmaceuticals Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if an event of default as described in the Lease, or a default by Tenant is in default of this Lease (including, without limitation, under this Tenant Work Letter) , has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Premises caused by such work stoppagestoppage as set forth in Section 5 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which caseLease. EXHIBIT B CHINA BASIN LANDING [LoopNet] SCHEDULE 1 TO EXHIBIT B TIME DEADLINES Dates Actions to be Performed A. January 14, Tenant shall 2003 Final Space Plan to be responsible for any delay in the completion of the Tenant Improvements caused completed by such inaction by Txxxxx and delivered to Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.
Appears in 1 contract
Samples: Office Lease (LoopNet, Inc.)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if Tenant is an event of default as described in default of this the Lease (including, without limitation, or this Tenant Work Letter) Letter has occurred at any time on or before the substantial completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the this Lease (in which case, Tenant shall be responsible for any delay in the .substantial completion of the Tenant Improvements Premises caused by such inaction by Landlord). Notwithstanding EXHIBIT C ACCEPTANCE AGREEMENT This Acceptance Agreement is made as of , by and between the forgoingparties hereto with regard to that certain Lease dated ,by and between M WEST PROPCO XX, if LLC, a default by Delaware limited liability company, as Landlord (“Landlord”), and , a , as Tenant is cured(“Tenant”), forgiven or waivedaffecting those premises located at , Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.California. The parties hereto agree as follows:
Appears in 1 contract
Samples: Acceptance Agreement (Rodgers Silicon Valley Acquisition Corp)
Tenant’s Lease Default. Notwithstanding any terms provision to the ------------------------ contrary contained in this Lease, if Tenant is an event of default as described in default SECTION ------- 12.1 of this Lease (including, without limitation, or in this Tenant Work LetterLetter has occurred (after expiration ---- of applicable cure periods) at any time on or before the substantial completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements caused by such work stoppagestoppage and such delay shall not be deemed a Lease Commencement Date Delay), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the this Lease (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such inaction by LandlordLandlord and such delay shall not be deemed a Lease Commencement Date Delay). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this the Lease, if an event of default by Tenant is as described in Section 19.1 of the Lease or any default of this Lease (including, without limitation, by Tenant under this Tenant Work Letter) Letter has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises and remains after the expiration of applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law or in equity, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause the Contractor to cease suspend the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Premises caused by such work stoppagestoppage as a Tenant Delay as set forth in Section 4.2 above), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Premises caused by such inaction by LandlordLandlord as a Tenant Delay). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.
Appears in 1 contract
Samples: Disturbance and Attornment Agreement (Fluidigm Corp)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Fourth Amendment, if an event of default as described in the Lease, if as amended, or a default by Tenant is in default of this Lease (including, without limitation, under this Tenant Work Letter) , has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsExpansion Premises, following any applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, as amended, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Expansion Premises (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Expansion Premises caused by such work stoppagestoppage as set forth in Section 4 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which caseLease. 742075.04/WLA 375056-00001/2-18-16/bkc/bkc EXHIBIT B -4- THE AVENTINE [Fourth Amendment] [Tracon Pharmaceuticals, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.Inc.]
Appears in 1 contract
Samples: Lease (Tracon Pharmaceuticals, Inc.)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary ---------------------- contained in this Lease, if an event of default as described in the Lease, or a default by Tenant is in default of this Lease (including, without limitation, under this Tenant Work Letter) , has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Premises caused by such work stoppagestoppage as set forth in Section 5 of this Tenant Work Letter), and (ii) all other --------- obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which caseLease. SCHEDULE 1 TO EXHIBIT B ----------------------- BASE, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.SHELL AND CORE DESCRIPTION --------------------------------
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if an event of default as described in the Lease, or a default by Tenant is in default of this Lease (including, without limitation, under this Tenant Work Letter) , has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Premises caused by such work stoppagestoppage as set forth in Section 5 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall Lease. SCHEDULE 1 TO EXHIBIT B TIME DEADLINES Dates Actions to be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.Performed
Appears in 1 contract
Samples: Office Lease (Zeltiq Aesthetics Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this the Lease, if a Default by Tenant is in default of this under the Lease or First Amendment (including, without limitation, any Default by Tenant under this Tenant Work LetterAgreement) has occurred at any time on or before the completion Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the LeaseLease or First Amendment, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance Maximum Landlord Contribution and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such work stoppage)Improvements, and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter Agreement shall be suspended forgiven until such time as such default Default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any or First Amendment. Any delay in the completion Substantial Completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, exercise of Landlord’s suspended obligations rights pursuant to this Section shall be fully reinstated and resumed, effective immediatelya Tenant Delay.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if an event of default as described in the Lease, or a default by Tenant under this Tenant Work Letter, and Tenant fails to use such default within any applicable notice and cure period set forth in the Lease (or within ten (10) business days if Tenant is in default of this Lease (including, without limitation, under this Tenant Work Letter) ), at any time on or before the completion Substantial Completion of the Tenant Site Modernization/Beautification Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Site Modernization/Beautification Improvements (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Site Modernization/Beautification Improvements caused by such work stoppagestoppage as set forth in Section 5 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediatelyLease.
Appears in 1 contract
Samples: Sorrento Summit (Nuvasive Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if Tenant is an economic or material default (after applicable notice and cure periods, if any) as described in default of this the Lease (including, without limitation, or this Tenant Work Letter) Letter has occurred at any time on or before the substantial completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements (in Allowance(in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such work stoppagethereby), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the this Lease (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such inaction by Landlord). Notwithstanding the forgoingSCHEDULE 1 BUILDING STANDARD TENANT IMPROVEMENTS [ATTACHED] EXHIBIT I BASE RENT FOR THE PREMISES PRIOR TO FEBRUARY 1, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.2007
Appears in 1 contract
Samples: Office Lease (Favrille Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in the Lease or this LeaseTenant Work Letter, if any default by Tenant is in default of under the Lease or this Lease Tenant Work Letter beyond any applicable notice and cure period (including, without limitation, this any failure by Tenant Work Letterto fund any portion of the Over-Allowance Amount) occurs at any time on or before the completion Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements caused by such work stoppageand any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediatelythis Lease.
Appears in 1 contract
Samples: Office Lease (Navarre Corp /Mn/)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if Tenant is an event of default as described in default Section 19.1 of this Lease (including, without limitation, or a default by Tenant under this Tenant Work LetterLetter has occurred (beyond applicable notice and cure periods) at any time on or before the substantial completion of the Tenant ImprovementsPremises, then then, until such default is cured (i) in addition to all other rights and remedies granted to Landlord pursuant to the this Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the this Lease (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements Premises caused by such inaction by Landlord). Notwithstanding the forgoingEXHIBIT B PARK PLACE AT BAY XXXXXXX ZS Pharma, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.Inc.
Appears in 1 contract
Samples: Office Lease (ZS Pharma, Inc.)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if an event of default by Tenant is as described in the Lease, or a default of by Tenant under this Lease (includingWork Letter Agreement, without limitation, this Tenant Work Letter) has occurred at any time on or before the completion Substantial Completion of the Tenant Leasehold Improvements, and such default remains uncured after the applicable notice and cure periods under the Lease, then (ia) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Leasehold Improvement Allowance Allowance, and/or Landlord may cause the Selected Contractor to cease the construction of the Tenant Leasehold Improvements (in which case, case Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Leasehold Improvements caused by such work stoppagestoppage and such delay shall not be a Landlord delay), and (iib) all other obligations of Landlord under the terms of this Tenant Work Letter Agreement shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord)Lease. Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.EXHIBIT “D”
Appears in 1 contract
Samples: Lease Agreement (Ryland Group Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if an event of default by Tenant is as described in the Lease, or a default of by Tenant under this Lease (includingWork Letter Agreement, without limitation, this Tenant Work Letter) has occurred at any time on or before the completion Substantial Completion of the Tenant Improvements, and such default remains uncured after the applicable notice and cure periods under the Lease, then (ia) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance Allowance, and/or Landlord may cause the Selected Contractor to cease the construction of the Tenant Improvements (in which case, case Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements caused by such work stoppagestoppage and such delay shall not be a Landlord Delay), and (iib) all other obligations of Landlord under the terms of this Tenant Work Letter Agreement shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediatelyLease.
Appears in 1 contract
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in this Lease, if an event of default as described in the Lease, or a default by Tenant is in default of this Lease (including, without limitation, under this Tenant Work Letter) , has occurred at any time on or before the completion Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Tenant Improvements Premises (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements Premises caused by such work stoppagestoppage as set forth in Section 5 of this Tenant Work Letter), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall Lease. XXXXXX XXXX XXXXXXXXX XXXX [MicroSim Corporation] SCHEDULE 1 TO EXHIBIT B ----------------------- TIME DEADLINES -------------- Dates Actions to be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.Performed ----- -----------------------
Appears in 1 contract
Samples: Office Lease (Orcad Inc)
Tenant’s Lease Default. Notwithstanding any terms provision to the contrary contained in the Lease or this LeaseWork Letter, if any default by Tenant is in default of under the Lease or this Lease Work Letter (including, without limitation, this any failure by Tenant Work Letterto fund any portion of the Over-Allowance Amount) occurs at any time on or before the completion Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Tenant Improvements (in which case, Tenant shall be responsible for any delay in the completion Substantial Completion of the Tenant Improvements caused by such work stoppageand any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Tenant Work Letter shall be suspended forgiven until such time as such default is cured pursuant to the terms of the Lease (in which casethis Lease. ./ -/// -7- XXXXXX REALTY, Tenant shall L.P. [ACADIA Pharmaceuticals Inc.] *** Confidential Treatment Requested SCHEDULE 1 TIME DEADLINES Dates Actions to be responsible for any delay in the completion of the Tenant Improvements caused by such inaction by Landlord). Notwithstanding the forgoing, if a default by Tenant is cured, forgiven or waived, Landlord’s suspended obligations shall be fully reinstated and resumed, effective immediately.Performed
Appears in 1 contract
