Example ContractsClausesDelivery of Expansion Premises
Delivery of Expansion Premises
Delivery of Expansion Premises contract clause examples

Delivery of Expansion Premises. Tenant shall accept the Expansion Premises and all components thereof including, but not limited to, electrical and mechanical in its presently existing “as-is”, “where-is”, with all faults condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Expansion Premises except as otherwise expressly set forth in the Tenant Work Letter attached hereto as Exhibit C attached hereto and incorporated herein by reference. The acceptance of the Expansion Premises in “as-is” condition shall in no way limit Landlord’s repair obligations set forth in the Lease.

Delivery of Expansion Premises B. Landlord and Tenant have agreed to expand the Premises to include the approximately 1,751 rentable square feet on the thirty-first (31st) floor of the Building, as shown on the plan attached hereto as [Exhibit B] ("Expansion Premises B"). Landlord agrees to deliver Expansion Premises B to Tenant for completion of Tenant’s Expansion Premises Work (defined below), vacant and broom clean and free of all personal property and with all Building systems serving Expansion Premises B in good working order and condition (such date of delivery being referred to herein as the “Expansion Premises B Commencement Date”). Landlord estimates that Expansion Premises B will be delivered to Tenant on or about July 1, 2020 (the “Estimated Expansion Premises B Delivery Date”). Tenant agrees that a delay by Landlord in delivering Expansion Premises B to Tenant shall not be a default by Landlord hereunder, shall not entitle Tenant to terminate the Lease as to Expansion Premises B or otherwise, and shall not entitle Tenant to any abatement of rent, damages, or any other remedy on account of such delay; provided, however, that # if Landlord shall fail to deliver Expansion Premises B to Tenant in the condition provided herein on or before September 1, 2020 (as such date may be extended due to Force Majeure and due to any Tenant Delay (defined below), the “Expansion Premises B Extended Delivery Date”), Tenant shall be entitled to a day per day credit against the Expansion Premises B Base Rent otherwise payable hereunder for each day after the Expansion Premises B Extended Delivery Date that delivery of Expansion Premises B was delayed and # Landlord shall fail to deliver Expansion Premises B to Tenant in the condition provided herein on or before December 31, 2020 as extended due to any Tenant Delay and due to Force Majeure (the “Expansion Premises B Outside Delivery Date”), Tenant shall have the right to terminate the Lease as to Expansion Premises B only, by written notice to Landlord given within ten (10) days following the Expansion Premises B Outside Delivery Date. Landlord shall deliver Expansion Premises B to Tenant, and, except as otherwise set forth herein, Tenant agrees to accept Expansion Premises B from Landlord in their then existing “AS-IS”, “WHERE-IS” and “WITH ALL FAULTS” condition. Without limitation of the maintenance and repair obligations imposed upon Landlord by the express terms of the Lease, Landlord shall have no obligation to refurbish or otherwise improve the Premises throughout the Lease Term. For purposes of this Section 5 (A), a Tenant Delay shall be any delay in the actual delivery of Expansion Premises B resulting from Tenant’s failure to timely perform any of its obligations under the Lease or resulting from any act or omission of Tenant, its agents, employees or contractors.

Expansion Premises. Landlord hereby agrees to conditionally waive the Base Rent and the Operating Expenses attributable to the Expansion Premises for ​ after the Expansion Premises Commencement Date (the “Expansion Premises Abatement Period”). Tenant shall be obligated to pay all Base Rent and Operating Expenses attributable to the Original Premises during the Expansion Premises Abatement Period. Except as provided herein and in # above, no amounts due to Landlord under the Lease other than the Base Rent and Operating Expenses referred to above shall be conditionally waived. In the event Tenant commits a material default as defined in the Lease and such default continues beyond any notice and cure period, Base Rent and Operating Expenses coming due thereafter shall not be waived, and all Base Rent and Operating Expenses that Landlord conditionally waived under this provision shall be immediately due and payable by Tenant to Landlord without notice or demand from Landlord. If the Lease expires in accordance with its terms, and does not terminate as a result of a default by Tenant, Landlord agrees to permanently waive the Base Rent and Operating Expenses it has conditionally waived.

Expansion Premises. The term of Tenant’s lease of the Expansion Premises is set forth in Section 1.7. Tenant’s lease of the Expansion Premises shall commence on the later to occur of the following dates (the “Expansion Premises Commencement Date”): # date Landlord provides Tenant with written notice that the Expansion Premises is available for Tenant’s occupancy or # January 1, 2021. When the actual Expansion Premises Commencement Date is established by Landlord, Landlord shall accurately complete the letter attached hereto as Exhibit B and Tenant shall, within ten (10) days after Landlord's request, execute the letter and deliver it to Landlord. Tenant's failure to execute the letter within said ten (10) day period shall be a default hereunder and shall constitute Tenant's acknowledgment of the truth of the facts contained in the letter delivered by Landlord to Tenant.

Expansion Premises. Effective, April 1, 2021 (“Expansion Commencement Date”), the Existing Premises shall be expanded by approximately 57,760 rentable square feet as depicted on [Exhibit A] attached hereto (the “Expansion Premises”). Accordingly, as of the Expansion Commencement Date, all references in the Lease to the term “Premises” shall hereinafter mean and include the Existing Premises and Expansion Premises (i.e., the entire Building) which will then consist of approximately 64,643 rentable square feet. Landlord and Tenant each acknowledge and agree that the aforesaid description of the size and square footage of the Premises and the Building are an approximation, which the parties agree is reasonable and payments made thereupon are not subject to dispute..

Delivery of Expansion Premises A. Landlord and Tenant have agreed to expand the Premises to include the approximately 2,422 rentable square feet on the thirty-first (31st) floor of the Building, as shown on the plan attached hereto as [Exhibit A] ("Expansion Premises A"). Landlord shall deliver Expansion Premises A to Tenant for completion of Tenant’s Work (defined below) on or before February 1, 2020 vacant and broom clean and free of all personal property and with all Building systems serving Expansion Premises A in good working order and condition (such date of delivery being referred to herein as the “Expansion Premises A Commencement Date”). Tenant agrees that a delay by Landlord in delivering Expansion Premises A to Tenant shall not be a default by Landlord hereunder, shall not entitle Tenant to terminate the Lease as to Expansion Premises A or otherwise, and shall not entitle Tenant to any abatement of rent, damages, or any other remedy on account of such delay provided, however, that if Landlord shall fail to deliver Expansion Premises A to Tenant on or before February 15, 2020 (as extended due to Force Majeure and due to any Tenant Delay (defined below), the “Expansion Premises A Extended Delivery Date”), Tenant shall be entitled to a day for day credit against the Expansion Premises A Base Rent (defined below) payable hereunder for each day after the Expansion Premises A Extended Delivery Date that Landlord has failed to deliver Expansion Premises A. For purposes of this Section 4 (A), a Tenant Delay shall be any delay in the actual delivery of Expansion Premises A resulting from Tenant’s failure to timely perform any of its obligations under the Lease or resulting from any act or omission of Tenant, its agents, employees or contractors. Landlord shall deliver Expansion Premises A to Tenant, and, except as otherwise set forth herein, Tenant agrees to accept Expansion Premises A from Landlord in their then existing “AS-IS”, “WHERE-IS” and “WITH ALL FAULTS” condition. Without limitation of the maintenance and repair obligations imposed upon Landlord by the express terms of the Lease, Landlord shall have no obligation to refurbish or otherwise improve the Premises throughout the Lease Term.

Expansion Premises. Tenant shall continue to pay Base Rent with respect to the Expansion Premises as provided under the Lease through February 28, 2022. Commencing on March 1, 2022, and thereafter on each subsequent March 1st during through the Fifth Amendment Expiration Date (each, an “Expansion Premises Adjustment Date”), Base Rent payable with respect to the Expansion Premises shall be increased by 3% my multiplying the Base Rent payable with respect to the Expansion Premises immediately before such Expansion Premises Adjustment Date by 3% and adding the resulting amount to the Base Rent payable with respect to the Expansion Premises immediately before such Expansion Premises Adjustment Date. For the avoidance of doubt, the parties agree that Base Rent with respect to the Expansion Premises for the period commencing on the Expansion Premises Rent Commencement Date (March 7, 2019) through June 30, 2023 shall be paid in the following amounts:

Expansion Premises. Tenant shall inform Landlord of the improvements Tenant would like Landlord to make to the Expansion Premises (the “Expansion Premises Improvements”) pursuant to this Addendum Section. Subject to the terms and conditions of this Addendum Section and Section 13 of the Lease, Tenant may commence the construction of the Expansion Premises Improvements at any time after the Expansion Premises Commencement Date.

Delivery of Expansion Premises. Landlord shall, at Landlord’s sole cost and expense, perform the Delivery Condition Work in accordance with Exhibit “B” attached hereto, using new or like-new materials that meet the Building standard for materials, finishes and quantities, on or before the Expansion Premises Commencement Date. Except for the Delivery Condition Work, Landlord shall deliver the Expansion Premises to Tenant on the Expansion Premises Commencement Date in its then “AS-IS,” “WHERE-IS” condition, without any additional obligation on the part of Landlord to perform any construction therein or to prepare the same for Tenant’s occupancy or otherwise; provided however, notwithstanding the foregoing, the Expansion Premises shall be delivered to Tenant in “broom clean” condition, free of all tenants and other occupants and free of all personal property and equipment, except for such existing furniture of PA Consulting (as defined below) as Tenant has agreed to acquire from PA Consulting pursuant to a separate agreement between Tenant and PA Consulting (the “Existing Furniture”), provided that Tenant has delivered written notice to Landlord identifying such Existing Furniture at least thirty (30) days prior to the Expansion Premises Commencement Date.

Expansion Premises. Landlord hereby grants to Tenant an "Expansion Premises Improvement Allowance" of ​, which Expansion Premises Improvement Allowance shall be used only to reimburse Tenant for the actual out-of-pocket costs paid by Tenant to independent third parties for the construction of the Expansion Premises Improvements or payment of the Landlord Fee and the Third Party Fees. After the completion of the construction of the Expansion Premises Improvements, Landlord shall make one (1) disbursement of the Expansion Premises Improvement Allowance. Prior to Landlord making the disbursement, Tenant shall deliver to Landlord: # a request for payment, approved by Tenant, in a form which is reasonably acceptable to Landlord; # invoices from all contractors whose work is being paid with respect to such payment request; # copies of executed mechanic's lien releases from all of the contractors which shall comply with the provisions of California Civil Code Section 8138; # proof that Tenant has previously paid to the contractors the monies described in the payment request; # “as built” plans for the Expansion Premises Improvements and # all other information reasonably requested by Landlord. Within thirty (30) days after Landlord has received all of this information, Landlord shall deliver a check to Tenant in an amount equal to the lesser of # the actual monies paid by Tenant to Tenant's contractors with respect to such payment request plus the Landlord Fee and the Third Party Fees if previously paid by Tenant or # the Expansion Premises Improvement Allowance.

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